F.S. 817.60 – Theft, Obtaining Credit Card Through Fraudulent Means

In Florida, the misuse of credit cards is governed by Florida Statute 817.60, a law designed to combat the rising tide of financial crimes in an increasingly digital world. Credit card fraud is a serious offense that can lead to significant legal consequences, including misdemeanor or felony charges. For individuals facing these allegations, understanding the details of F.S. 817.60 is vital — and hiring a skilled Fort Lauderdale criminal defense lawyer – is even more critical.

Here, we unpack the elements of credit card fraud under F.S. 817.60, explains when charges escalate to felonies, explores case law and potential defenses, and highlights the unique challenges posed by advancing technology.

Credit card fraud has become one of the fastest-growing financial crimes in Florida. According to the Federal Trade Commission, Florida ranks among the top states for reported fraud cases, with thousands of credit card fraud complaints annually. The prevalence of these crimes underscores the importance of robust legal representation for those accused.

F.S. 817.60 focuses on crimes related to the unlawful possession, use, or intent to use a credit or debit card. It encompasses a wide range of fraudulent activities. Among these:

1. Theft of a Credit Card. This is the unlawful taking of another’s card in order to use it fraudulently.
2. Use of an Expired, Revoked, or Unauthorized Card. This involves attempting to complete transactions knowing the card is invalid.
3. Possession of Multiple Credit Cards. This applies when using multiple cards that belong to others, with intent to defraud.

The severity of a charge of credit card fraud depends largely on the value of goods or services fraudulently obtained. They’re generally classified as follows:

• Misdemeanor: If the fraudulent transactions amount to less than $300 within a six-month period, the charge is typically a first-degree misdemeanor, carrying penalties of up to 1 year in jail and a $1,000 fine.
• Felony: Fraudulent transactions totaling $300 or more in the same timeframe escalate to a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.

Additionally, possession of multiple stolen or counterfeit credit cards often results in felony charges, regardless of the transaction amount.

While F.S. 812.014 addresses the unlawful taking of tangible property, F.S. 817.60 specifically targets financial crimes involving credit and debit cards. The distinction lies in the method of execution. Specifically, theft involves direct deprivation of property. Conversely, the credit card fraud statute focuses more on fraudulent transactions – which can occur without the physical theft of a card. For example, it may involve card skimming or some type of online fraud. 

To secure a conviction under F.S. 817.60, prosecutors must demonstrate the following elements beyond a reasonable doubt:

• Possession or use of the card. This means the defendant possessed and/or used a credit card without proper authorization. 
• Knowledge. Prosecutors must show the defendant was aware (or at least, should have been aware) that the card was stolen, expired, revoked, or otherwise invalid. 
• Intent to defraud. The defendant knew the card was invalid and intended to use it anyway to unlawfully obtain goods, services or funds.

Prosecutors often rely on a mix of direct and circumstantial evidence. Transaction records such as receipts, timestamps and bank/merchant statements are among the most common. Sometimes they will also present video surveillance footage showing it was in fact the defendant using the card. Digital evidence can also come into play. This can include tracing transactions through email communications, IP addresses and device data that links the defendant to the online transactions. Finally, witness statements can be presented as well. Witnesses can be store clerks, cardholders, or co-conspirators. 

Of course, while the advancement of technology can be helpful for both prosecutors and defense lawyers, it can also complicate these cases as well. For instance, tracing the origin of fraudulent activity can be difficult when transactions and communications are anonymous or encrypted. Digital evidence also has the potential to be incorrectly attributed or misinterpreted – requiring meticulous analysis (and sometimes expert witnesses) to uncover errors or inconsistencies. 

A skilled criminal defense attorney can employ several strategies to challenge the prosecution’s case:

1. Lack of Intent. Arguing that the defendant did not know the card was stolen or invalid.
2. Mistaken Identity. Highlighting errors in linking the defendant to the fraudulent activity, especially in cases involving online transactions.
3. Coercion. Demonstrating that the defendant was pressured or forced into using the card unlawfully.
4. Insufficient Evidence. Pointing out gaps in the prosecution’s case, such as missing transaction records or unreliable witness testimony.

Credit card fraud charges under F.S. 817.60 are complex and require an in-depth understanding of both financial crimes and technological evidence. If you or a loved one is facing these allegations, the stakes are high. Don’t navigate this process alone—contact an experienced Fort Lauderdale criminal defense lawyer who can protect your rights and advocate for your future.

With the right legal representation, you can face these charges with confidence, knowing that your defense is in capable hands.

If you have been charged with a theft crime in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.