New York Penal Law 165.17: Unlawful use of credit card, debit card or public benefit card

The unlawful use of a credit or debit card can result in billions of dollars that are lost for taxpayers and those who use the banks and other businesses that give the cards to customers. Misuse of a public benefits card also falls into this category as the money is given to families who need the funds and don’t use them as required. Charges can be filed if someone uses a card that isn’t in that person’s name or attempts to secure a card in the name of someone else. A person can be charged when attempting to use a government benefits card in a way to secure items that aren’t eligible to be purchased, such as beer or cigarettes. Unlawful use is also considered if the person tries to exchange the amount on the card for money.

In most situations, the unlawful use of a financial transaction card is considered a felony.

Charges can be filed if the card is illegally obtained, such as stolen from the owner while going through personal possessions. Another way to file charges is if the defendant secured the card by lying on the application to get the card in the first place. Misuse is involved when the defendant tries to make a purchase at any store or online with the financial card and claims to be the person listed. Another way that charges can be filed is if the person attempts to represent a card being owned that doesn’t exist. One of the newer ways that people are unlawfully using financial cards is to gain control over them for a debt that is owed. The defendant could try to deposit money into a personal account from a card that isn’t the defendant’s. The defendant is also guilty of unlawful use if a credit card is reported stolen that never existed. Charges can range from a misdemeanor to a felony depending on the amount of money involved and the prior history of the defendant.

Examples Of Unlawfully Using An Electronic Payment Card

An example of this crime would be if someone applies for government benefits and uses the card that is given to obtain anything but food or items that are needed for the home or the children in the home, such as drugs, alcohol or cigarettes. Another way that unlawful use can be seen is if a grandchild uses a credit or debit card of a grandparent without the grandparent’s permission. Sometimes, a child will use the credit or debit card information of a parent to order items online or try to buy items in a store. Another example would be if someone enters misleading information on a credit card website to obtain a card with a higher spending limit or if that person uses the identity of someone else to secure a card that is used in the future.

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Legal Scenario: What Would You Do?

Scenario

You borrowed your roommate's debit card to pick up groceries for them, but then used it again the next day to buy yourself gas and lunch without their permission. Now your roommate is threatening to press charges, and you're worried about what you could be facing under New York law.

Can I really be charged with a crime for using someone else's debit card even though they let me use it once before?

Attorney's Answer

Under New York Penal Law 165.17, it is a class A misdemeanor to use a credit card, debit card, or public benefit card with knowledge that it was revoked or cancelled, or to use it in a manner you know to be unauthorized by the cardholder. The fact that your roommate gave you permission for one specific purchase does not extend blanket authorization for future transactions. A conviction carries up to one year in jail, three years of probation, and a permanent criminal record. An experienced defense attorney may be able to argue the scope of consent was ambiguous or negotiate a resolution that avoids a criminal conviction on your record.

This is general information only. Contact us for advice specific to your situation.

Defenses That Are Used

When it comes to the unlawful use of a financial transaction card, there are a few defenses that a NYC criminal attorney can use. One is that the person didn’t intend on spending any money from the card. The attorney can sometimes force the prosecution to prove that the defendant even used the card in the first place or that the defendant didn’t have permission from the cardholder.