New Jersey Credit Card Fraud & Theft Laws: What You Need to Know

Credit cards are a convenient way to make purchases and access credit. But with this convenience comes the risk of credit card fraud and theft. In New Jersey, there are specific laws that criminalize the unauthorized use of credit cards. This article will provide an overview of these laws, the penalties for breaking them, and potential defenses.

What is Credit Card Fraud Under New Jersey Law?

New Jersey’s credit card fraud law is contained in N.J.S.A. 2C:21-6. This law prohibits three main types of credit card offenses:

• False statements made to obtain a credit card – This involves using false information on a credit card application to obtain a card.
• Credit card theft – This covers taking a credit card without consent, receiving a lost or stolen card, buying/selling a card, and other ways of unlawfully obtaining a card.
• Fraudulent use of credit cards – This includes using a stolen, forged, expired, or revoked card, or using a legitimate card without authorization.

Credit card fraud charges can range from third to fourth degree crimes depending on the specific offense. Third degree charges carry penalties of 3-5 years in prison and fines up to $15,000. Fourth degree charges have penalties of up to 18 months in prison and $10,000 in fines.

Common Examples of Credit Card Fraud

There are many ways credit card fraud and theft occur in New Jersey. Some of the most common examples include:

• Skimming – Using a small device to steal credit card information when processing transactions.
• Carding – Buying stolen card numbers online to make fraudulent purchases.
• Identity theft – Obtaining a credit card by using someone else’s personal information.
• Employee theft – Employees stealing customer credit card numbers.
• Fake cards – Creating counterfeit credit cards with stolen card numbers.
• Online fraud – Making unauthorized online purchases with stolen card numbers.

Key New Jersey Laws on Credit Card Theft

There are several key laws relating to credit card theft in New Jersey:

• 2C:21-6(c) – Covers the various ways credit cards can be unlawfully obtained, including theft, receiving lost/stolen cards, counterfeiting cards, and more. Most of these acts are third degree crimes.
• 2C:21-6(d) – Prohibits using a credit card known to be forged, expired, or revoked. Also prohibits fraudulent uses of otherwise valid cards. These acts are third degree crimes.
• 2C:21-6.1 – Prohibits unlawful possession or use of scanning devices and re-encoders to steal credit card data. These are also third degree crimes.
• 2C:20-25 – The New Jersey Identity Theft Prevention Act aims to prevent linking personal data like names and card numbers to facilitate identity theft.

Defenses to Credit Card Theft Charges

• Lack of criminal intent – The prosecution must prove you intended to defraud the card owner. Evidence showing no intent can defeat the charges.
• Permission/consent – If the card owner consented to your use of the card, this is a complete defense.
• Mistaken identity – You can argue the prosecution has the wrong person and you did not commit the crime.
• Return of property – Evidence you intended to return a lost card can help show lack of criminal intent.
• Duress – Doing something illegal under threat can be a defense to criminal charges.

An experienced criminal defense lawyer can evaluate the evidence against you and build the strongest defense to fight the charges.

Penalties for Credit Card Fraud in New Jersey

As mentioned above, most credit card fraud charges in New Jersey will be third or fourth degree crimes. Exact penalties depend on your prior record and other case factors, but can include:

• Up to 5 years in prison for third degree crimes
• Up to 18 months in prison for fourth degree crimes
• Fines up to $15,000 (third degree) or $10,000 (fourth degree)
• Probation or community service
• Restitution to victims