Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of
an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.
Notes of Decisions
Cited in
18
cases, 1973–2016 · leading case:
People v. Whitmer, 329 P.3d 154 (Cal. 2014).
People v. Whitmer, 329 P.3d 154 (Cal. 2014).
· cites it 2× “aggregate[ing] nine hundred fifty dollars ($950) or more in any 12 consecutive month period.‖ (Pen.”
Michelle Cameron v. Michelle Craig, 713 F.3d 1012 (9th Cir. 2013).
“See CaLPenal Code § 484g (anyone who “obtains money, goods, services, or anything else of value by representing •without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft”); see also People v.”
People v. Percelle, 2005 Cal. Daily Op. Serv. 915 (Cal. Ct. App. 2005).
“Introduction A jury convicted defendant Steven Dale Percelle of three counts of using an altered, stolen, or counterfeit access card (Pen. Code, §§ 484g, subd. (a), 487), 1 one count of attempting the same crime, and one count each of acquiring access card information with…”
People v. Little, 206 Cal. App. 4th 1364 (Cal. Ct. App. 2012).
“(b)), and fraudulently using an access card (Pen. Code, § 484g). The jury found true the allegation that one who was not Little’s accomplice was present in the residence during the commission of the residential burglary (Pen.”
People v. Steffens, 98 Cal. Daily Op. Serv. 2576 (Cal. Ct. App. 1998).
· cites it 2× “(c)) (the altering count), fraudulent use of an access card (Pen. Code, § 484g, cl. (a)) (the use count), being under the influence of methamphetamine (Health & Saf.”
People v. Camillo, 198 Cal. App. 3d 981 (Cal. Ct. App. 1988).
“, Pen. Code, §§ 484g [using access card without consent], 484h [merchant honoring access card], 487 [grand theft], 487e [theft of dogs].”
People v. Whight, 95 Cal. Daily Op. Serv. 5606 (Cal. Ct. App. 1995).
“This led to his conviction by a jury of four counts of fraudulent use of an access card or “ATM” theft (Pen. Code, § 484g; undesignated references are to this code) and four counts of grand theft by false pretenses (§§ 484, subd.”
People v. Gingles, 32 Cal. App. 3d 1030 (Cal. Ct. App. 1973).
“5 Penal Code section 484g provides: “Every person, who with intent to defraud, (a) uses for the purpose of obtaining money, goods, services or anything else of value a credit card obtained or retained in violation of Section 484e or a credit card which he knows is forged,…”
People v. Nunez CA2/1 (Cal. Ct. App. 2016).
· cites it 2× “_________________________________ In 2014 Armando Nunez entered a negotiated plea of no contest to charges of second degree burglary and grand theft by fraudulent use of an access card or account information (Pen. Code, § 484g). He also admitted an allegation of a prior prison…”
People v. Phillips, 31 Cal. App. 3d 483 (Cal. Ct. App. 1973).
“4); counts II, III, IV, V, VI, X, XI and XII charge theft by credit card (Pen. Code, § 484g); counts VII, VIII and IX charge forgery (Pen.”
People v. Miller CA4/2 (Cal. Ct. App. 2016).
“(d)—count 2); misdemeanor use of an access card with intent to defraud (Pen. Code, § 484g, subd. (d)—count 3); and misdemeanor possession of drug paraphernalia (Health and Saf.”
People v. Bakos CA3 (Cal. Ct. App. 2016).
“Defendant pleaded no contest to theft and fraudulent use of access cards or account information (Pen. Code, § 484g, subd. (a))1 in exchange for dismissal of six remaining charges, no immediate state prison, and three years’ probation, including up to 365 days in county jail.”
— Cal. Penal Code § 484g(a) — 1 case
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