Florida Statutes

Fla. Stat. § 817.481 (2025)

Credit or purchases; obtaining illicitly.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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817.481 Credit or purchases; obtaining illicitly.—

(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property, or service, by the use of any false, fictitious, counterfeit, or expired credit card, telephone number, credit number, or other credit device, or by the use of any credit card, telephone number, credit number, or other credit device of another person without the authority of the person to whom such card, number, or device was issued, or by the use of any credit card, telephone number, credit number, or other credit device in any case where such card, number, or device has been revoked and notice of revocation has been given to the person to whom issued.

(2) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid payment of the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device.

(3)(a) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is $300 or more, the offender shall be guilty of grand larceny.

(b) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is less than $300 the offender shall be guilty of petit larceny.

History.—ss. 1, 2, 3, ch. 61-83; s. 1, ch. 65-245; s. 1, ch. 65-128; s. 873, ch. 71-136; s. 4, ch. 86-161; s. 15, ch. 2015-166.

Arrestable Offenses under F.S. 817.481

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§817.481(1)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9445M · 2nd

§817.481(1)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9444F · 3rd

§817.481(2)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9447M · 2nd

§817.481(2)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9446F · 3rd

§817.481(3)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9792F · 3rd

§817.481(3)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9793M · 2nd

§817.481(3)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9794F · 3rd

§817.481(3)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 9795M · 2nd

§817.481(3a)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 10375M · 2nd

§817.481(3a)FRAUD-ILLEG USE CREDIT CARDSUNAUTH USE CREDIT CARD TO OBTAIN GOODS 0+F · 3rd

§817.481(3a)FRAUD-ILLEG USE CREDIT CARDSAVOID/ATTEMPT AVOID PAYMENT PHONE 0+F · 3rd

§817.481(3b)FRAUD-ILLEG USE CREDIT CARDSUNAUTH USE CREDIT CARD TO OBTAIN GOODS LT 0M · 2nd

§817.481(3b)FRAUD-ILLEG USE CREDIT CARDSAVOID/ATTEMPT AVOID PAYMENT PHONE LT 0M · 2nd

§817.481(3b)FRAUD-ILLEG USE CREDIT CARDSRENUMBERED. SEE REC # 10376F · 3rd

Notes of Decisions

Cited in 11 cases, 1965–2013 · leading case: United States v. Luke A. Nelligan, 573 F.2d 251 (5th Cir. 1978).

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United States v. Luke A. Nelligan, 573 F.2d 251 (5th Cir. 1978). · cites it 2× “for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device.”

State v. Weir, 488 So. 2d 557 (Fla. 5th DCA 1986). · cites it 3× “-01, Florida Statutes, as they pertain to the allegations in the Information filed in this case, are and have been superseded by section 817.481, Florida Statutes, and Part II Chapter 817, Florida Statutes.”

United States v. Christy, 18 M.J. 688 (1984). “11, § 903 (1974); Fla. Stat.Ann. § 817.481 (Harrison 1981); Ga.”

Collins v. State, 626 So. 2d 991 (Fla. 1st DCA 1993). · cites it 2× “§ 817.481, Fla.Stat. (1991). . § 812.014(l)(a)(b), (2)(c)(l), Fla.”

Sanchez v. State, 124 So. 3d 406 (Fla. 2d DCA 2013). · cites it 2× “See § 817.481(3)(b), Fla. Stat. (2010); § 812.”

State v. Fagan, 857 So. 2d 320 (Fla. 2d DCA 2003). “568, Florida Statutes (2000), and three counts of credit card fraud pursuant to subsections (1) and (3)(a) of section 817.481. Because the State’s evidence created a prima facie inconsistency with the defense theory of innocence, we reverse and remand for reinstatement of the…”

McConnell v. State, 298 So. 2d 550 (Fla. 2d DCA 1974). “2d 699 , our sister court held that a defendant who was charged and convicted under § 817.481, F.S.A. (a previous statute dealing with the unlawful use of credit cards), could not receive a greater sentence than he could have received under the applicable provision of the State…”

Lore v. State, 267 So. 2d 699 (Fla. 4th DCA 1972). · cites it 3× “, was charged by three separate informations filed in the Circuit Court for Indian River County, Florida, with obtaining credit by the unauthorized use of a credit card in violation of Section 817.481, F.S.1969, F.S.A. One of the offenses allegedly occurred on 26 October 1969…”

Michutka v. State, 478 So. 2d 868 (Fla. 1st DCA 1985). · cites it 5× “151, Florida Statutes, and grand larceny by use of a credit card in violation of section 817.481, Florida Statutes. We affirm.”

Richardson v. State, 193 So. 2d 637 (Fla. 3d DCA 1967). · cites it 3× “The defendant contends that the state failed to establish a prima facie case of grand larceny by unlawful use of a credit card under § 817.481, Fla.Stat., F.S.A., since-there was no evidence in the record that the market value of the property or the service fraudulently obtained…”

Caputo v. State, 173 So. 2d 745 (Fla. 3d DCA 1965). · cites it 2× “Appellant and a co-defendant were charged in two informations with the crimes of forgery, uttering a forged instrument, and unlawful use of credit cards in violation of § 817.481, Fla.Stat, F.S.A. Both defendants were represented by an assistant public defender.”

— 817.481(2) — 1 case

United States v. Luke A. Nelligan, 573 F.2d 251 (5th Cir. 1978). “for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device.”

— 817.481(3)(b) — 1 case

Sanchez v. State, 124 So. 3d 406 (Fla. 2d DCA 2013). “See § 817.481(3)(b), Fla. Stat. (2010); § 812.”

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