(a) A person commits the crime of illegal possession of a credit or debit card if, knowing that he or she does not have the consent of the owner, he or she takes, exercises control over, or otherwise uses the card.
(b) A person commits the crime of fraudulent use of a credit card or debit card if he or she uses, attempts to use, or allows to be used, a credit card or debit card for the purpose of obtaining property, services, or anything else of value with knowledge that:
(1) The card is stolen; or
(2) The card has been revoked or cancelled; or
(3) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card or debit card is issued. The mere use by the original issuee of a credit card or debit card which has expired is not within the provisions of subdivision (b)(3) of this section.
(c) “Credit card” means any instrument or device, including a card to obtain telecommunication services, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, welfare card, a card used to facilitate the transfer of government benefits such as an electronic benefit transfer card (EBT card) or similar card, or a debit card, or by any other name, including an account number, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, including telecommunication services, on credit or for use in an automated banking device to obtain any of the services offered through the device.
(d) “Debit card” means any instrument or writing or other evidence known by any name issued with or without fee by an issuer for the use of a depositor in obtaining money, goods, services, or anything else of value, payment of which is made against funds previously deposited in an account with the issuer.
(e) Illegal possession of or fraudulent use of a credit card or debit card is a Class D felony.
(Acts 1977, No. 607, p. 812, §4045; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-664, p. 1163, §1; Act 2000-679, p. 1382, §1; Act 2015-185, §2.)
Notes of Decisions
Cited in
13
cases, 1981–2016 · leading case:
Ex Parte Walker, 928 So. 2d 259 (Ala. 2005).
Ex Parte Walker, 928 So. 2d 259 (Ala. 2005).
“[1] On March 25, 2004, Brigitte Yvonne Walker pleaded guilty in the Tuscaloosa Circuit Court to 16 counts of fraudulent use of a credit card, a violation of § 13A-9-14(b), Ala.Code 1975. Walker specifically reserved for appellate review the trial court's denial of her…”
State v. Hails, 814 So. 2d 980 (Ala. Crim. App. 2000).
“Shirley Hails, was arrested for illegal possession of a credit card, a violation of § 13A-9-14, Ala.Code 1975. The trial court granted Hails's motion to suppress certain evidence, i.”
McDonald v. State, 668 So. 2d 89 (Ala. Crim. App. 1995).
“The sentence range for the offense of fraudulent use of a credit card, a Class C felony, § 13A-9-14(e), is not more than 10 years or less than 1 year and 1 day.”
Ex Parte Hall, 991 So. 2d 782 (Ala. 2008).
“Carolyn Hall was indicted for fraudulent use of a credit card, a violation of § 13A-9-14(b), Ala.Code 1975, for using one of the credit cards that her husband, Antonia, allegedly stole.”
Witcher v. State, 420 So. 2d 287 (Ala. Crim. App. 1982).
“Appellant was indicted for illegal possession of, or fraudulent use of a credit card, pursuant to § 13A-9-14, Code of Alabama 1975, as amended.”
Ex Parte Hails, 814 So. 2d 988 (Ala. 2001).
“2000), and Hails's petition and brief to us, but not the record itself, which the majority of our Court declines to get.”
Williams v. State, 403 So. 2d 317 (Ala. Crim. App. 1981).
“607, approved May 16, 1977, and its ultimately effective date of January 1, 1980, in which is found in § 13A-9-14 Commentary: “Section 13 — 4—32(f) is a credit card forgery offense amply covered by the new section on forgery in the second degree, § 13A-9-3(a)(l).”
State v. Alexander, 25 So. 3d 490 (Ala. Crim. App. 2009).
“Oran Leslie Alexander was indicted on October 10, 2008, by a Montgomery County grand jury for one count of fraudulent use of a debit card, a violation of § 13A-9-14(b), Ala.Code 1975, and one count of theft of property in the second degree, a violation of § 13A-8-4, Ala.”
Bates v. State, 600 So. 2d 411 (Ala. Crim. App. 1992).
“, was charged with burglary in the first degree, burglary in the third degree, and fraudulent use of a credit card, violations of § 13A-7-5, § 13A-7-7, and § 13A-9-14, Code of Alabama 1975, respectively.”
Green v. State, 251 So. 3d 798 (Ala. Crim. App. 2016).
“Code 1975; fraudulent use of a credit card (CC-15-4528), see § 13A-9-14, Ala. Code 1975; first-degree receiving stolen property (CC-15-4529 and CC-15-4530), see § 13A-8-17, Ala.”
Herring v. State, 185 So. 3d 492 (Ala. Crim. App. 2014).
“Code 1975; (7) illegal possession or fraudulent use of credit card or debit card, see § 13A-9-14, Ala.Code 1975; and, (8) unauthorized use of vehicle; unlawful breaking and entering a vehicle, see § 13A-8-11, Ala.”
Holmes v. State, 895 So. 2d 388 (Ala. Crim. App. 2004).
“I respectfully disagree with the majority’s conclusion in its unpublished memorandum that what I assume, but have no conclusive way of knowing, was a $20 prepaid long-distance calling card falls within the definition of either a “credit card” or a “debit card,” as set out in §…”
— Ala. Code § 13A-9-14(b) — 3 cases
Ex Parte Walker, 928 So. 2d 259 (Ala. 2005).
“[1] On March 25, 2004, Brigitte Yvonne Walker pleaded guilty in the Tuscaloosa Circuit Court to 16 counts of fraudulent use of a credit card, a violation of § 13A-9-14(b), Ala.Code 1975. Walker specifically reserved for appellate review the trial court's denial of her…”
Ex Parte Hall, 991 So. 2d 782 (Ala. 2008).
“Carolyn Hall was indicted for fraudulent use of a credit card, a violation of § 13A-9-14(b), Ala.Code 1975, for using one of the credit cards that her husband, Antonia, allegedly stole.”
State v. Alexander, 25 So. 3d 490 (Ala. Crim. App. 2009).
“Oran Leslie Alexander was indicted on October 10, 2008, by a Montgomery County grand jury for one count of fraudulent use of a debit card, a violation of § 13A-9-14(b), Ala.Code 1975, and one count of theft of property in the second degree, a violation of § 13A-8-4, Ala.”
— Ala. Code § 13A-9-14(e) — 1 case
McDonald v. State, 668 So. 2d 89 (Ala. Crim. App. 1995).
“The sentence range for the offense of fraudulent use of a credit card, a Class C felony, § 13A-9-14(e), is not more than 10 years or less than 1 year and 1 day.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.