Texas credit card abuse under Penal Code §32.31 is a state jail felony (180 days to 2 years state jail) punishable for a single unauthorized use. The elements are: (1) intent to obtain a benefit fraudulently, (2) presenting or using a credit or debit card, (3) knowing the card was not issued to the defendant, and (4) use without the cardholder's effective consent. See Shoemaker v. State, 971 S.W.2d 178 (Tex. App. 1998).
One swipe of someone else's credit card — even at a gas station — can result in a state jail felony conviction in Texas. Here is how Penal Code §32.31 works and how to defend against credit card abuse charges.
The Elements of Credit Card Abuse
Under Penal Code §32.31(b)(1)(A), a person commits credit card abuse if, with intent to obtain a benefit fraudulently, they present or use a credit or debit card with knowledge that:
- The card has not been issued to them, AND
- The card is not used with the effective consent of the cardholder
See Alphonso Morris v. State, 460 S.W.3d 190 (Tex. App. 2015), and Belen Garza v. State, No. 13-09-00059-CR (Tex. App. 2010).
Other § 32.31 Offenses
The statute covers other conduct:
- § 32.31(b)(2): With intent to obtain property or service, using a credit card when the card has been revoked or canceled
- § 32.31(b)(3): Using a fictitious or counterfeit card
- § 32.31(b)(4): Stealing a credit card or receiving a stolen card with intent to use it. See Shields v. State, 608 S.W.2d 924 (Tex. Crim. App. 1980).
- § 32.31(b)(5): Buying a credit card from someone other than the issuer
- § 32.31(b)(6): Acting as an unauthorized agent for issuer
- § 32.31(b)(7): Presenting a credit card issued to another
- § 32.31(b)(8): Using a card with intent to defraud where card is not authorized for the use
Penalties
- State jail felony — 180 days to 2 years state jail
- Up to $10,000 fine
- Permanent felony record
- Federal firearm prohibition under 18 U.S.C. § 922(g)(1)
- Professional license consequences
- Immigration consequences for non-citizens (crime of moral turpitude)
Enhancement to third-degree felony (2-10 years) applies if the victim is an elderly individual.
Proof of Identity — How the State Establishes Credit Card Abuse
Most credit card abuse prosecutions rely on:
- POS transaction records showing the date, time, and amount of the transaction
- Surveillance video from the merchant location
- Signature analysis comparing the signed receipt to known handwriting
- Cardholder testimony disputing authorization
- Defendant's statements to investigators
Defense Strategies
Consent Defense
If the cardholder actually consented — even informally — to the use, the element of unauthorized use fails. See Clinton v. State, 327 S.W.3d 366 (Tex. App. 2010). Consent can be express or implied through conduct.
Mistaken Identity
Poor surveillance video, similar-looking suspects, and inconclusive signature analysis can create reasonable doubt on identification.
Lack of Intent
The State must prove specific intent to defraud. Good-faith belief the card was authorized for use (e.g., shared household card) can defeat intent.
Value-Based Negotiation
For low-value transactions, prosecutors may agree to reduce the charge to a Class B misdemeanor theft or accept pre-trial diversion.
Challenging Knowledge
The State must prove the defendant knew the card was not issued to them and knew there was no consent. Children using parent cards, spouses using joint cards, and employees using company cards create knowledge challenges. See John William Mitchell v. State, No. 01-19-00176-CR (Tex. App. 2020).
Related Charges
- Identity theft (§ 32.51): More serious — covers use of another's identifying information
- Theft (§ 31.03): Alternative charge for low-value transactions
- Forgery (§ 32.21): If fake signatures or altered receipts are involved
- Access device fraud (federal 18 U.S.C. § 1029): Federal prosecution for larger schemes
Restitution and Civil Liability
Credit card abuse convictions require restitution to:
- The cardholder (for any direct losses)
- The card issuer (for chargeback costs and investigation)
- The merchant (if chargebacks fell on the merchant)
Civil liability continues even after the criminal case — cardholders can sue for direct damages and emotional distress.
Frequently Asked Questions
Is credit card abuse a felony in Texas?
Yes. State jail felony for most cases — 180 days to 2 years state jail. Enhanced to third-degree felony if the victim is elderly.
What if I used my spouse's credit card?
Possibly defensible if you had consent. Texas recognizes implied consent in marriages and joint financial arrangements. Specific facts matter significantly.
Can I be charged for one $5 transaction?
Yes. The statute does not have a minimum threshold. Any unauthorized use qualifies.
What if I returned the money?
Restitution is a mitigating factor but not a complete defense. It can support reduced charges or pre-trial diversion in some cases.
Does credit card abuse affect immigration?
Yes. Generally classified as a crime of moral turpitude, triggering deportation, inadmissibility, and naturalization bars under 8 U.S.C. § 1227.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing credit card abuse charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas criminal law is complex and fact-specific — please consult a licensed Texas attorney about your particular situation. Past results do not guarantee future outcomes.