Ohio Jury Instruction - Fraud In Connection With Counterfeit Credit Cards Or Other Access Devices
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FAQ
Every day in central Ohio people are charged with theft and fraud offenses. Theft and fraud charges can range from a first-degree misdemeanor, punishable by up to 180 days in jail to a first-degree felony punishable by 3-11 years in prison.
A misdemeanor credit card fraud conviction is punishable by up to one year in county jail and a fine up $1,000 fine; a felony credit card conviction is punishable by 16 months, 2 or 3 years in jail and a fine up to $10,000.
Section 2913.05 | Telecommunications fraud. The course of conduct may involve one victim or more than one victim.
Make an online purchase with someone else's credit card, or use a card issued to someone in another state, and that's enough. Federal penalties for using a "device" to commit fraud (the law defines a credit card as such a device) can include up to 20 years in prison, plus fines and forfeiture of personal assets.
The elements of fraud are (a) a representation, or where there is a duty to disclose, concealment of a fact, (b) which is material to the transaction at hand, (c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred, ...
Ohio Penalties for Credit Card Fraud Total Value of Property, Services, and DebtSentenceMaximum FineLess than $1,000First-degree misdemeanor$1,000$1,000 or more, but less than $7,500*Fifth-degree felony$2,500$7,500 or more, but less than $150,000Fourth-degree felony$5,000$150,000 or moreThird-degree felony$10,000
Section 2913.21 | Misuse of credit cards. (A) No person shall do any of the following: (1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon; (2) Knowingly buy or sell a credit card from or to a person other than the issuer.
However, it is important to note that it is the credit card institution that deals directly with credit card fraud, rather than the police. The police usually get involved only if credit card fraud is accompanied by other crimes, such as identity theft or robbery.