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Penal Code 484j PC | Publishing Credit Card Information
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Penal Code 484j PC | Publishing Credit Card Information
California Penal Code 484j PC is a law that makes it illegal to publish credit card information belonging to someone else with the intent to defraud. This law was enacted to protect people’s financial information and prevent identity theft. Let’s take a closer look at this law and what it means.
What Does Penal Code 484j Prohibit?
Penal Code 484j PC states that it is illegal for any person to publish, post, or otherwise disclose someone else’s credit card information on the Internet if doing so is done with the intent to defraud. This includes publishing or posting:
- The cardholder’s name
- The card’s number
- The card’s expiration date
The law applies to any kind of credit card – Visa, Mastercard, American Express, etc. It also applies regardless of whether the credit card is valid or expired.
So for example, if John found Jane’s old credit card receipt in the trash and posted her full credit card number online just to be malicious, John could face charges under this law. Even if Jane’s card was expired, John publishing it with intent to defraud is illegal.
What is the Intent to Defraud Requirement?
A key component of Penal Code 484j is that the person must publish the credit card information with the intent to defraud. This means they are publishing the information with the purpose of using it fraudulently or helping someone else use it fraudulently.
If someone accidentally posted someone else’s credit card information online, without any intent to defraud, they would likely not be charged under this law. The intent to defraud is a critical element that must be proven.
What are the Penalties?
Publishing someone else’s credit card information online is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.
If charged as a misdemeanor, the penalties are:
- Up to one year in county jail
- A fine of up to $1,000
If charged as a felony, the penalties are:
- 16 months, 2 years or 3 years in state prison
- A fine of up to $10,000
In addition to the criminal penalties, the defendant may also face civil liability. Under Civil Code 1798.82, the victim can sue the defendant for civil damages including economic loss, emotional distress, and punitive damages.
Legal Defenses
Some of the common defenses to Penal Code 484j charges include:
- No intent to defraud – As discussed above, prosecutors must prove you had an intent to defraud when publishing the information. If you simply made a mistake or had no intent to commit fraud, you are not guilty.
- First Amendment – The First Amendment protects free speech, so a defense is that you were simply exercising your right to free speech by posting the information online.
- Authorization – It is not illegal if you had authorization or permission from the cardholder to post their information online.
An experienced criminal defense attorney can evaluate the details of your case and advise you on the best defense strategy.
Penal Code 484j is part of a web of laws in California aimed at protecting people’s financial information and preventing identity theft:
- Penal Code 530.5 PC – Criminal identity theft
- Penal Code 530.55 PC – Unauthorized use of personal identifying information
- Penal Code 530.6 PC – Possession of personal identifying information with intent to defraud
A skilled defense attorney can help ensure your rights are protected if you are charged under any of these related laws.
The Bottom Line on Penal Code 484j
Penal Code 484j PC makes it a wobbler crime in California to publish someone else’s credit card information online with the intent to defraud. Charges can potentially be defended against by showing no intent to defraud, First Amendment protections, or authorization from the cardholder. But anyone charged under this law should immediately consult with an attorney to protect their rights. The laws around identity theft and financial fraud can be complex, so expert legal guidance is critical.
Citations
- California Penal Code 484j PC
- California Civil Code 1798.82
- Penal Code 484j PC – Publishing Credit Card Information – California