California Penal Code 484g PC makes it illegal to use a credit or debit card to obtain goods, services or money when you know that the card is fake, forged, expired, invalid or was issued to someone else. This offense can be charged as a misdemeanor or a felony. It carries a penalty of up to 3 years behind bars.
The language in 484g PC states that
“every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.”
The term “Fraud” covers any situation in which a person attempts to gain an undeserved benefit through deceit.
For Example:
- Brian steals a credit card and tries to buy clothes with it at the mall.
- Pablo takes his girlfriend’s expired debit card and buys camera equipment with it.
- Sheena takes the credit card information from her roommate and uses it to shop online.
Possible Legal Defenses to 484g PC
Strong legal defenses that a defendant can raise include showing that the accused:
- had no intention to defraud,
- acted with the express consent of the cardholder, and/or
- acted under duress.
The California criminal defense attorneys at Spodek Law Group will teach you the following in this article:
- How exactly is credit or debit card fraud defined by California law?
- How can a person defend him or herself against a 484g PC charge?
- What is the potential sentence connected to a conviction under 484g PC?
- What related credit card fraud laws are there?
- How exactly is credit or debit card fraud defined by California law?
This code section states that a person commits a crime when he knowingly uses a stolen, altered, counterfeit, forged, expired or revoked credit or debit card, or the information thereof, to obtain money, goods, services or anything else of value.
A PC 484g violation will only be valid if the defendant acts with the intent to defraud and without the cardholder’s consent.
Overall, to “defraud” or to do anything “fraudulently” means to attempt to gain an unmerited benefit by using trickery or deceit.
- How can a person defend him or herself against a 484g PC charge?
A person can attempt to challenge a PC 484g accusation by raising a strong legal defense that may work to reduce or even dismiss a charge.
The three best defenses to Penal Code 484g charges are:
The “No intent to defraud” defense
The” Consent of the cardholder” defense
The “Duress” defense
- What is the potential sentence connected to a conviction under 484g PC?
Anyone who violates this code section is guilty of petty theft pursuant to Penal Code 484.3 If a defendant fraudulently uses a credit card, and as a result receives items that exceed $950, then the accused is charged with grand theft, under Penal Code 487.
Petty theft is a misdemeanor punishable by incarceration in the county jail for up to six months, and/or a maximum fine of $1,000.
Grand theft is a wobbler offense under California law, meaning that it can be charged as either a misdemeanor or a felony.
As a misdemeanor, this crime is punishable by incarceration in the county jail for up to one year, and/or a maximum fine of $1,000.7
As a felony, this crime carries incarceration in the county jail for up to three years, and/or a maximum fine of $10,000.
- What related credit card fraud laws are there?
Three laws are related to PC 484g, fraudulent use of a credit card:
- Stealing a credit card – PC 484e
A individual violates Penal Code 484e PC when he sells, transfers or acquires a credit or debit card, or the credit or debit card account information, without the consent of the true cardholder.
- Publishing credit card information – PC 484j
Penal Code 484j makes it illegal to publish any information about a credit or debit card, personal identification number, computer password, bank account information, or other relevant details with the intent to defraud another person or entity.
- Shoplifting – PC 459.5
This includes entering an open business with the intent to steal merchandise worth $950 or less.
If you or someone you know has been accused of the offense in 484g PC fraudulent use of a credit card, we invite you to contact the California criminal defense attorneys at Spodek Law Group for a free, confidential consultation.
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