Penal Code § 484e PC - Theft of Credit Card Information (2024)

Penal Code § 484e PC makes it a crime to steal either a credit or debit card, or the information contained on such a card. This section can be charged as a misdemeanoror afelonyand carries a potential sentence of up to3 yearsin jail.

The language of the code section reads as follows:

484e. (a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent, is guilty of grand theft.

(b)Every person, other than the issuer, who within any consecutive 12-month period, acquires access cards issued in the names of four or more persons which he or she has reason to know were taken or retained under circ*mstances which constitute a violation of subdivision (a), (c), or (d) is guilty of grand theft.

(c)Every person who, with the intent to defraud, acquires or retains possession of an access card without the cardholder’s or issuer’s consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer is guilty of petty theft.

(d) Every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder’s or issuer’s consent, with the intent to use it fraudulently, is guilty of grand theft.

See Also

Misuse of company credit cards can bring serious legal consequencesNew York Credit Card Fraud & Crimes

Examples

• Margaret waits tables and copies the credit card information of a patron after he pays his bill.
• Victor pick-pockets a person on the train, takes his credit card, and later tries to buy a television with it.
• Abril is a bank teller and quickly copies a customer’s debit card information down when the customer is seeking services.

Defenses

Luckily, there are severallegal defensesthat a defendant can raise if accused under PC 484e. These include showing that the accused:

• did not intent to defraud,
• did not steal a “credit card,” and/or
• acted out ofnecessity.

Penalties

A person that violates this statute is guilty ofgrand theft, under Penal Code 487. Grand theft is awobbleroffense under California law, meaning that it can be charged as either amisdemeanoror afelony(but never as aninfraction).

• If charged as amisdemeanor, the crime is punishable by imprisonment in thecounty jailfor up to one year.
• If charged as afelony, the offense is punishable by imprisonment in the county jail for up to three years.

Our California criminal defense attorneys will address the following in this article:

• 1. What criminal acts does Penal Code 484e PC cover?
• 2. What are the most common legal defense strategies?
  • 2.1. No intent to defraud
  • 2.2. No “credit card”
  • 2.3. Necessity
• 3. What is the sentencing?
• 4. Related laws
  • 4.1. Fraudulent use of a credit card – PC 484(g)
  • 4.2. Publishing credit card information – PC 484(j)
  • 4.3. Petty theft – PC 484 and 488

1. What criminal acts does Penal Code 484e PC cover?

Penal Code 484e PCis the California statute that makes it a crime for a person to steal a credit card, or a party’s credit card or debit card information.

In particular, the section states that it is a criminal offense if a person:

1. sells, transfers, or acquires a credit or debit cardwithout the cardholder’s consent, and
2. does so with theintentto defraud.¹

PC 484ealso states that it is a crime if a party:

1. retains possession of another person’s credit or debit card informationwithout their consent, and
2. does so with theintentto use the information fraudulently.²

To “defraud” or to do something “fraudulently” means to try and trick someone or to persuade them by dishonest means.

2.What are the most common legal defense strategies?

A person can try to challenge a PC 484e accusation by raising a legal defense. A good defense may work to reduce or even dismiss a charge.

Three common defenses to Penal Code 484e charges include:

1. no intent to defraud,
2. no credit card, and/or
3. necessity.

2.1. No intent to defraud

Please recall that a person can only be guilty of stealing a credit or debit card if he does so with anintent to defraud. This means that it is always a legal defense for a defendant to show that he did not have this requisite intent.

2.2. No credit card

Penal Code 484e only applies tocredit and debit cards. It does not include other items like cash or property. Therefore, it is a defense under this code section, for an accused to argue that while he may have taken or stole something, it was not a debit or credit card.

2.3. Necessity

Under a necessity defense, a defendant essentially tries to avoid guilt by showing that he had a sufficiently good reason to commit the crime. People sometimes refer to this defense as “guilty with an explanation.” In the context of stealing a credit card, an accused could attempt to show that he committed the crime since he had no other choice (e.g., because of an emergency).

3. What is the sentencing?

A person who violates PC 484e is guilty of grand theft under Penal Code 487.3. Grand theft is a wobbler offense under California law, meaning that it can be charged as either a misdemeanor or a felony.

If charged as amisdemeanor, the crime is punishable by:

• imprisonment in the county jail for up to one year, and/or
• a maximum fine of $1,000.⁴

If charged as afelony, the offense is punishable by:

• imprisonment in the county jail for up to three years, and/or
• a maximum fine of $10,000.⁵

4. Related offenses

There are three California credit card fraud laws related to PC 484e. These are:

1. fraudulent use of a credit card – PC 484(g),
2. publishing credit card information – PC 484(j), and
3. petty theft – PC 484 and 488.

4.1. Fraudulent use of a credit card – PC 484(g)

A person violatesPenal Code 484g PCwhen he knowingly uses a:

• stolen,
• altered,
• counterfeit,
• forged,
• expired or
• revoked

credit or debit card in order to obtain money, goods, services or anything else of value.⁶

HowPC 484gis punished depends on the value of the items a defendant receives. If the amount of the money, goods, services, etc. exceeds $950 in any consecutive six-month period, the offense will be punished as grand theft. If the value is $950 or less, the offense will be punished aspetty theft.⁷

4.2. Publishing credit card information – PC 484(j)

Penal Code 484jPCprohibits publishing any information about a credit or debit card, personal identification number, computer password, bank account information, etc. with the intent to defraud another person or entity.

PC 484jis charged as a misdemeanor and the offense is punishable by:

• up to six months in jail, and/or,
• a maximum $1,000 fine.⁸

4.3. Petty theft – PC 484 and 488

InPenal Code 484a and 488, California law defines “petty theft” as the unlawful taking of property that is valued at $950 or less.⁹

Petty theft is a misdemeanor under California law.¹⁰The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.¹¹

Legal References: