Penal Code § 484e PC Theft of Credit
Table of contents
Click To travel To Chapters
1. What is Penal Code § 484e PC?
Penal Code § 484e PC Law Reads As Followed:
- Every person who sells, transfers, or conveys a credit card or debit card with the intent to defraud is guilty of theft.
- Every person who acquires or retains possession of access card account information without the cardholder’s consent, with the intent to use it fraudulently, is guilty of theft.
- Every person who, with the intent to defraud, possesses credit or debit card account information belonging to four or more persons is presumed to have the intent to defraud.
2. What Are Examples of Penal Code § 484e PC?
California Penal Code § 484e PC criminalizes the theft, sale, possession, and unauthorized use of credit or debit card information with the intent to defraud. To better understand this law, here are examples illustrating scenarios where individuals may be charged under Penal Code § 484e PC.
1. Selling Stolen Credit Cards
Example:
Jane works at a retail store and gains access to customers’ credit card information. She copies the details from several cards and sells the information to an online fraud ring. The buyers use this information to make unauthorized purchases.
Violation:
Jane violated Penal Code § 484e(a) by transferring stolen credit card information with the intent to defraud.
2. Using a Found Credit Card Without Permission
Example:
Michael finds a credit card left behind at a gas station. Instead of turning it in to authorities, he uses it to make purchases at multiple stores.
Violation:
Michael’s actions violate Penal Code § 484e(b), as he retained possession of someone else’s credit card information without consent and used it fraudulently.
3. Possessing Credit Card Information of Multiple People
Example:
Tom, a hacker, gains access to the credit card details of dozens of individuals by infiltrating an online retailer’s database. Law enforcement later finds Tom in possession of credit card information belonging to over 50 people.
Violation:
Under Penal Code § 484e(c), possessing credit card information for four or more individuals creates a presumption of intent to defraud. Tom’s possession of this data would result in charges under this section.
4. Creating and Selling Fake Credit Cards
Example:
Lisa uses stolen credit card numbers to create counterfeit credit cards. She then sells these fake cards to individuals who use them for fraudulent transactions.
Violation:
Lisa’s actions fall under Penal Code § 484e(a), as she is transferring credit card information with fraudulent intent. Her creation of counterfeit cards may also lead to additional charges under California forgery laws.
5. Retaining Credit Card Information Without Intent to Use
Example:
Alex works as a waiter at a restaurant. He writes down credit card numbers from customers and keeps them in his possession, even though he hasn’t used them yet. Law enforcement finds the information during an unrelated investigation.
Violation:
Even without using the information, Alex could face charges under Penal Code § 484e(b) for retaining credit card information without the cardholders’ consent and with potential intent to use it fraudulently.
6. Using a Friend’s Card Without Permission
Example:
Emily borrows her friend Sarah’s credit card, promising to return it after one purchase. Instead, she keeps the card and uses it repeatedly without Sarah’s knowledge or permission.
Violation:
Emily’s unauthorized use of the card constitutes a violation of Penal Code § 484e(b) since she retained possession and used the card with fraudulent intent.
7. Selling Credit Card Information Online
Example:
A data breach exposes thousands of credit card numbers, and Paul, an insider at the company, collects the stolen data and sells it on the dark web.
Violation:
Paul violated Penal Code § 484e(a) by selling stolen credit card information with the intent to defraud.
3. What are Common Defenses Against Penal Code § 484e PC?
California Penal Code § 484e PC makes it a crime to steal, possess, or use another person’s credit or debit card information with the intent to defraud. If you have been charged under this law, it is crucial to understand the potential legal defenses that could help reduce or dismiss the charges. Below are some of the most common defenses against charges under Penal Code § 484e PC.
1. Lack of Intent to Defraud
Explanation:
A key element of Penal Code § 484e PC is the intent to defraud. For an individual to be guilty of theft of credit card information, they must have the intention to use the information to deceive or defraud someone. If the prosecution cannot prove that you had this intent, the charge may be reduced or dismissed.
Example Defense:
You may argue that you took or used the credit card information without any intention to defraud. For instance, if you mistakenly used someone else’s credit card, you could claim it was an honest mistake and that there was no intent to commit fraud.
2. No Theft of a Credit Card or Information
Explanation:
Penal Code § 484e PC specifically addresses the theft or unauthorized possession of credit card information. If you did not steal a credit card or debit card, nor did you take someone’s credit card information, you cannot be convicted under this statute. Therefore, if the evidence shows that no credit card or information was taken, this could be a valid defense.
Example Defense:
If you never took possession of anyone’s credit card or debit card information and any charges were made by another individual using the card, you could argue that you were not involved in the theft or unauthorized use.
3. Permission or Consent to Use the Card
Explanation:
A defense to a charge under Penal Code § 484e could be that you had permission or consent from the cardholder to use their credit card or debit card. If the cardholder gave you express or implied consent, you may not be guilty of theft under this law.
Example Defense:
You may argue that you were given permission to use the card, either directly from the cardholder or by another legal means. If the cardholder authorized you to use the card, there would be no theft, and you could avoid criminal liability under Penal Code § 484e.
4. Lack of Knowledge of the Credit Card’s Status
Explanation:
If you were unaware that the credit card was stolen or had expired, this could serve as a defense. Penal Code § 484e requires that the defendant knowingly possess or use stolen, revoked, or expired cards. If you were unaware of the status of the card and used it in good faith, you may be able to argue that you lacked the necessary knowledge for a conviction.
Example Defense:
If you used a card that you believed was valid but later learned it was stolen or expired, you could argue that you did not have the necessary knowledge to commit the offense under Penal Code § 484e.
5. Necessity Defense
Explanation:
In some situations, a defendant may raise the necessity defense, which argues that the illegal act was committed to avoid greater harm. In the case of credit card theft, this could involve an emergency situation in which using someone else’s credit card was the only way to prevent immediate danger or harm.
Example Defense:
For instance, if you found a credit card while in an emergency situation (e.g., needing money for medical treatment) and used it, you might argue that the necessity of the situation forced you to act in violation of the law.
6. Lack of Evidence
Explanation:
One of the most common defenses in any criminal case is a lack of sufficient evidence. If the prosecution does not have enough evidence to prove that you committed the theft of credit card information, you should not be convicted. In the case of Penal Code § 484e PC, this could involve a lack of physical evidence connecting you to the credit card theft or fraudulent activity.
Example Defense:
If there is no physical evidence, such as surveillance footage, fingerprints, or witness testimony, linking you to the theft or fraudulent use of a credit card, this lack of evidence could serve as a strong defense against the charge.
7. Unlawful Search and Seizure
Explanation:
If evidence against you was obtained through an unlawful search or seizure, you may be able to challenge the charge on constitutional grounds. The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement.
Example Defense:
If law enforcement searched your property or vehicle without a warrant or probable cause, any evidence gathered as a result of the unlawful search may be inadmissible in court, potentially weakening the prosecution’s case.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 484e PC?
Violating Penal Code § 484e PC is considered grand theft, which is classified as a wobbler offense in California. This means that the charge can be treated as either a misdemeanor or a felony, depending on the specific circumstances of the case, including the value of the stolen information or property and the defendant’s criminal history.
1. Misdemeanor Penalties
If the theft of credit card information is charged as a misdemeanor, the penalties are typically less severe. A misdemeanor conviction under PC 484e can result in the following consequences:
Imprisonment: Up to one year in county jail.
Fines: A fine of up to $1,000.
Probation: The court may impose informal probation (also known as summary probation), which may come with additional conditions, such as community service or counseling.
Restitution: You may also be required to pay restitution to the victim to compensate for any financial loss caused by the theft.
2. Felony Penalties
If the theft of credit card information is charged as a felony, the penalties become significantly more severe. A felony conviction under PC 484e could result in the following:
Imprisonment: Up to three years in county jail or state prison. California law does not allow for county jail time if the sentence exceeds one year, which means a felony conviction could involve a longer stay in state prison.
Fines: A fine of up to $10,000.
Probation: Felony probation is possible, but it often comes with stricter conditions, such as regular check-ins with a probation officer, substance abuse counseling, or community service.
Restitution: As with a misdemeanor conviction, you may be required to pay restitution to the victim.
3. Additional Penalties for Prior Convictions
If you have a prior criminal record, particularly for theft or fraud-related crimes, the penalties for violating PC 484e may be enhanced. A prior conviction for theft or a similar crime could lead to:
Longer Sentences: The court may impose a longer prison sentence, depending on your criminal history.
Three Strikes Law: If you have two prior felony convictions and are convicted of a third felony under Penal Code § 484e, you could face a life sentence under California’s Three Strikes Law.
4. Sentencing Enhancements
California law provides for enhanced penalties in certain cases, including:
Use of Multiple Credit Cards: If you are accused of using multiple stolen credit cards or debit cards, the penalties may be harsher.
Victim’s Financial Loss: If the fraud or theft caused significant financial loss to the victim, it may influence the court’s decision in determining the severity of the sentence.
Aggravating Factors: Any aggravating factors, such as being involved in an organized criminal operation, could lead to harsher penalties.
Other Consequences of a Conviction
In addition to jail time, fines, and restitution, a conviction under Penal Code § 484e PC can lead to other consequences that can affect various aspects of your life.
1. Immigration Consequences
For non-citizens, a conviction for theft under PC 484e may lead to serious immigration consequences, including deportation, denial of reentry, or ineligibility for certain visas. It is essential to consult with an immigration attorney if you are a non-citizen facing charges under this statute.
2. Employment and Professional Consequences
A conviction for theft of credit card information could impact your ability to find employment, particularly if the job requires financial responsibility, security clearances, or handling money. Many employers conduct background checks, and a conviction for a theft-related offense may make you ineligible for certain positions.
3. Impact on Gun Rights
A conviction for theft of credit card information under PC 484e will not automatically affect your ability to possess firearms, as it is a wobbler offense. However, felony convictions may restrict your right to own or possess a firearm under California law.
5. What Are the Related Offenses To Penal Code § 484e PC?
Penal Code § 484e PC, also known as the theft of credit card information, is a serious offense in California. However, there are several related crimes that involve fraudulent activities with credit cards or debit cards, as well as theft and fraud involving other forms of personal and financial information. Understanding these related offenses can help you grasp the broader legal landscape and the potential consequences of similar crimes.
Below are some key related offenses to Penal Code § 484e PC.
1. Fraudulent Use of a Credit Card – Penal Code § 484(g) PC
One of the most common related offenses to Penal Code § 484e PC is fraudulent use of a credit card under PC 484(g). This offense occurs when a person uses a stolen, altered, counterfeit, or revoked credit card (or debit card) to obtain money, goods, services, or anything else of value.
Elements of PC 484(g):
To be convicted under PC 484(g), the prosecutor must prove that:
The defendant knowingly used a stolen, forged, altered, expired, or revoked credit card (or debit card), and
The defendant used the card to obtain money, goods, services, or anything else of value.
Penalties for PC 484(g):
If convicted of fraudulent use of a credit card under PC 484(g), the penalties will depend on the value of the items stolen:
If the total value of the items is $950 or less: The offense is generally considered petty theft and is punishable by up to six months in jail and/or a fine of up to $1,000.
If the total value exceeds $950: The offense is classified as grand theft and may result in up to three years in county jail or state prison, along with possible fines.
2. Publishing Credit Card Information – Penal Code § 484(j) PC
Another related offense is publishing credit card information under PC 484(j). This statute criminalizes the act of publishing or distributing any credit card information (including PIN numbers, bank account details, or personal identification numbers) with the intent to defraud another person or entity.
Elements of PC 484(j):
To be convicted under PC 484(j), the prosecutor must prove that the defendant:
Published or distributed someone else’s credit card or financial information (e.g., credit card number, PIN number, bank account info), and
Did so with the intent to defraud or deceive another party.
Penalties for PC 484(j):
A conviction under PC 484(j) is typically treated as a misdemeanor and is punishable by:
Up to six months in county jail, and/or
A maximum fine of $1,000.
This offense can have serious consequences, especially if it leads to identity theft or other forms of financial fraud.
3. Petty Theft – Penal Code § 484 and § 488 PC
Petty theft under PC 484 and PC 488 is another related offense that involves stealing property of relatively low value (less than $950). While PC 484e specifically covers the theft of credit card information, petty theft includes the unlawful taking of other property, such as cash, electronics, or personal items.
Elements of PC 484 and 488:
To be convicted of petty theft, the prosecutor must prove that:
The defendant took someone else’s property without permission, and
The property was valued at $950 or less.
Penalties for PC 484/488:
Petty theft is considered a misdemeanor offense in California, punishable by:
Up to six months in county jail, and/or
A fine of up to $1,000.
While the penalty for petty theft may be less severe than for theft of credit card information under PC 484e, it still carries significant consequences.
4. Identity Theft – Penal Code § 530.5 PC
Another related offense to consider is identity theft under PC 530.5. Identity theft involves knowingly using another person’s personal information (including credit card details) without consent, with the intent to commit fraud or theft.
Elements of PC 530.5:
To be convicted under PC 530.5, the prosecutor must prove that the defendant:
Willfully and knowingly used another person’s personal identifying information (such as credit card numbers, Social Security numbers, or banking information),
Without the person’s consent, and
With the intent to defraud, deceive, or steal.
Penalties for PC 530.5:
Identity theft is a wobbler offense, meaning it can be charged as either a misdemeanor or felony, depending on the severity of the offense and the defendant’s criminal history:
Misdemeanor penalties: Up to one year in county jail and/or a fine of $1,000.
Felony penalties: Up to three years in state prison and/or a fine of $10,000.
5. Grand Theft – Penal Code § 487 PC
If the theft of credit card information involves a significant amount of money or property, it could be charged as grand theft under PC 487. Grand theft involves stealing property worth over $950 and may involve more severe penalties than petty theft.
Elements of PC 487:
To be convicted of grand theft, the prosecutor must prove that the defendant:
Took property valued at more than $950, and
Did so with the intent to permanently deprive the owner of the property.
Penalties for PC 487:
Grand theft is typically classified as a felony and is punishable by:
Up to three years in state prison, and/or
A fine of up to $10,000.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile