Credit Card Theft – Credit Card Fraud

Credit Card Fraud

credit card fraud in Maryland

Maryland  Penal § 8-204. Credit card theft

(a) Taking credit card from another; receiving credit card taken from another with intent to sell. –

(1) A person may not:

(i) take a credit card from another, or from the possession, custody, or control of another without the consent of the cardholder; or

(ii) with knowledge that a credit card has been taken under the circumstances described in item (i) of this paragraph, receive the credit card with the intent to use it or sell or transfer it to another who is not the issuer or the cardholder.

(2) A person who violates this subsection is guilty of credit card theft.

(b) Receiving credit card known to have been lost or misdelivered. –

(1) A person may not receive a credit card that the person knows was lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and retain possession of the credit card with the intent to use, sell, or transfer it to another who is not the issuer or the cardholder.

(2) A person who violates this subsection is guilty of credit card theft.

(c) Buying and selling of credit cards. — A person may not:

(1) sell a credit card unless the person is the issuer; or

(2) buy a credit card from a person other than the issuer.

(d) Receiving credit card with knowledge of credit card theft or other violations. — A person other than the issuer may not receive a credit card that the person knows was taken or retained under circumstances that constitute:

(1) credit card theft;

(2) a violation of § 8-203 of this subtitle; or

(3) a violation of subsection (c) of this section.

(e) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both.

Maryland  Penal § 8-206. Obtaining property by counterfeiting, theft, or misrepresentation

(a) Prohibited — Use of stolen or counterfeit card. — A person may not for the purpose of obtaining money, goods, services, or anything of value, and with the intent to defraud another, use:

(1) a credit card obtained or retained in violation of § 8-204 or § 8-205 of this subtitle; or

(2) a credit card that the person knows is counterfeit.

(b) Prohibited — False representation. — A person may not, with the intent to defraud another, obtain money, goods, services, or anything of value by representing:

(1) without the consent of the cardholder, that the person is the holder of a specified credit card; or

(2) that the person is the holder of a credit card when the credit card had not been issued.

(c) Penalty. –

(1) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds $ 500, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 1,000 or both.

(2) Except as provided in paragraph (3) of this subsection, if the value of all money, goods, services, and other things of value obtained in violation of this section does not exceed $ 500, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both.

(3) If the value of all money, goods, services, and other things of value obtained in violation of this section does not exceed $ 100, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $ 500 or both.