Florida Statute 817.60 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.60

817.60 Theft; obtaining credit card through fraudulent means.—

(1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD TAKEN.—A person who takes a credit card from the person, possession, custody, or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1). Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick or embezzlement or obtaining property by false pretense, false promise or extortion.

(2) THEFT OF CREDIT CARD LOST, MISLAID, OR DELIVERED BY MISTAKE.—A person who receives a credit card that he or she knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and who retains possession with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1).

(3) PURCHASE OR SALE OF CREDIT CARD OF ANOTHER.—A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(4) OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT.—A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(5) DEALING IN CREDIT CARDS OF ANOTHER.—A person other than the issuer who, during any 12-month period, receives two or more credit cards issued in the name or names of different cardholders, which cards he or she has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of this part, violates this subsection and is subject to the penalties set forth in s. 817.67(2).

(6) FORGERY OF CREDIT CARD.—

(a) A person who, with intent to defraud a purported issuer or a person or organization providing money, goods, services, or anything else of value or any other person, falsely makes, falsely embosses, or falsely alters in any manner a credit card or utters such a credit card or who, with intent to defraud, has a counterfeit credit card or any invoice, voucher, sales draft, or other representation or manifestation of a counterfeit credit card in his or her possession, custody, or control is guilty of credit card forgery and is subject to the penalties set forth in s. 817.67(2).

(b) A person other than an authorized manufacturer or issuer who possesses two or more counterfeit credit cards is presumed to have violated this subsection.

(c) A person falsely makes a credit card when he or she makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing or when he or she alters a credit card which was validly issued.

(d) A person falsely embosses a credit card when, without the authorization of the named issuer, he or she completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.

(7) SIGNING CREDIT CARD OF ANOTHER.—A person other than the cardholder or a person authorized by him or her who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, signs a credit card violates this subsection and is subject to the penalties set forth in s. 817.67(1).

(8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A person who knowingly possesses, receives, or retains custody of a credit or debit card that has been taken from the possession, custody, or control of another without the cardholder’s consent and with the intent to impede the recovery of the credit or debit card by the cardholder commits unlawful possession of a stolen credit or debit card and is subject to the penalties set forth in s. 817.67(2). It is not a violation of this subsection for a retailer or retail employee, in the ordinary course of business, to possess, receive, or return a credit card or debit card that the retailer or retail employee does not know was stolen or to possess, receive, or retain a credit card or debit card that the retailer or retail employee knows is stolen for the purpose of an investigation into the circumstances regarding the theft of the card or its possible unlawful use.

History.—s. 3, ch. 67-340; s. 3, ch. 84-297; s. 2, ch. 85-43; s. 69, ch. 85-62; s. 1269, ch. 97-102; s. 1, ch. 2011-184.

F.S. 817.60 on Google Scholar

F.S. 817.60 on Casetext

Amendments to 817.60

Arrestable Offenses / Crimes under Fla. Stat. 817.60

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.60 1 - LARC - OF CREDIT CARD - M: F

S817.60 2 - LARC - LOST OR DELIVERED BY MISTAKE CREDIT CARD - M: F

S817.60 3 - FRAUD-ILLEG USE CREDIT CARDS - PURCHASE SELL ANOTHERS - M: F

S817.60 4 - FRAUD-ILLEG USE CREDIT CARDS - AS DEBT SECURITY - M: F

S817.60 5 - FRAUD-ILLEG USE CREDIT CARDS - DEAL IN ANOTHERS - F: T

S817.60 6a - FORGERY OF - FALSELY EMBOSS OR ALTER CREDIT CARD - F: T

S817.60 6a - COUNTERFEITING OF - FALSELY MAKE CREDIT CARD - F: T

S817.60 6a - PASS FORGED - FALSELY EMBOSSED OR ALTERED CREDIT CARD - F: T

S817.60 6a - PASS COUNTERFEITED - FALSELY MADE CREDIT CARD - F: T

S817.60 6a - POSSESS COUNTERFEITED - CREDIT CARD INVOICE SALES DRAFT VOUCHER ETC - F: T

S817.60 6b - POSSESS COUNTERFEITED - CREDIT CARDS TWO OR MORE - F: T

S817.60 7 - FRAUD-ILLEG USE CREDIT CARDS - SIGN ANOTHERS - M: F

S817.60 8 - LARC - POSS RECEIVE RETAIN STOLEN CREDIT DEBIT CARD - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 817.60

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 765

Snippet: POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD § 817.60(8), Fla. Stat. To prove the crime of Unlawful

Ruben B. Casais v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-18

Citation: 204 So. 3d 969, 2016 Fla. App. LEXIS 17378

Snippet: uttering a forged credit card in violation of section 817.60, Florida Statutes (2015). Appellant used altered

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD § 817.60(8), Fla. Stat. To prove the crime of Unlawful Possession

N.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-08-06

Citation: 988 So. 2d 1153, 2008 Fla. App. LEXIS 11834

Snippet: probation for credit card theft in violation of section 817.60(1), Florida Statutes (2006). N.S. claims that the

NS v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-08-06

Citation: 988 So. 2d 1153, 2008 WL 2986441

Snippet: probation for credit card theft in violation of section 817.60(1), Florida Statutes (2006). N.S. claims that the

Gorday v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-07-27

Citation: 907 So. 2d 640, 2005 WL 1761995

Snippet: theft, a first degree misdemeanor under section 817.60(1), Florida Statutes (2002), arising from the same

D.P.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 877 So. 2d 770, 2004 Fla. App. LEXIS 8741

Snippet: credit card theft. This offense is a violation of § 817.60, Fla. Stat., punishable as a first-degree misdemeanor

DPB v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 877 So. 2d 770, 2004 WL 1393381

Snippet: credit card theft. This offense is a violation of § 817.60, Fla. Stat., punishable as a first-degree misdemeanor

A.M. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-05-30

Citation: 794 So. 2d 645, 2001 Fla. App. LEXIS 7474, 2001 WL 574843

Snippet: her mother’s credit card, a violation of section 817.60(1), Florida Statutes (1999). The evidence also

Wright v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-11-05

Citation: 626 So. 2d 299, 1993 Fla. App. LEXIS 11153, 1993 WL 452126

Snippet: upon our reading of the provisions of sections 817.60(1) and 817.67(1), we agree with the argument of

Collins v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-10-20

Citation: 626 So. 2d 991, 1993 Fla. App. LEXIS 10656, 1993 WL 417571

Snippet: run concurrently with all other counts. Section 817.60(1), Florida Statutes (1991) (credit card theft)

State v. Vikhlyantsev

Court: District Court of Appeal of Florida | Date Filed: 1992-07-08

Citation: 602 So. 2d 636, 1992 Fla. App. LEXIS 7454, 1992 WL 157486

Snippet: violated both the State Credit Card Crime Act, section 817.60(1), (3), Florida Statutes (1973), and the provision

Simmons v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-02

Citation: 594 So. 2d 853, 1992 Fla. App. LEXIS 1869, 1992 WL 36977

Snippet: reflects that appellant was charged under section 817.60, Florida Statutes, with five counts of forgery

State v. Cogswell

Court: Supreme Court of Florida | Date Filed: 1988-03-10

Citation: 521 So. 2d 1081, 1988 WL 20971

Snippet: violates both the State Credit Card Crime Act, Section 817.60(1), (3), Florida Statutes 1973, and the provision

Sanchez v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-05-12

Citation: 507 So. 2d 673, 12 Fla. L. Weekly 1234, 1987 Fla. App. LEXIS 8185

Snippet: a third-degree felony for violation of section 817.60, Florida Statutes (1985). The information clearly

D.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-03-22

Citation: 428 So. 2d 363, 1983 Fla. App. LEXIS 18935

Snippet: credit card lost, mislaid or mistakenly delivered [§ 817.60(2), Fla.Stat. (1981) ], the state having candidly

In re Forfeiture of One 1973 Mercedes Benz Motor Vehicle V.I.N.: 10806712020253

Court: District Court of Appeal of Florida | Date Filed: 1982-12-15

Citation: 423 So. 2d 535, 1982 Fla. App. LEXIS 22175

Snippet: Section 810.02, Fla.Stat. (burglary), SEction [sic] 817.60, Fla.Stat. (possession of two or more cards in

State v. Young

Court: District Court of Appeal of Florida | Date Filed: 1978-01-18

Citation: 357 So. 2d 416

Snippet: State Credit Card Crime Act (specifically Section 817.60(1)(3), Florida Statutes [1973], dealing with receiving

Fayerweather v. State

Court: Supreme Court of Florida | Date Filed: 1976-04-28

Citation: 332 So. 2d 21

Snippet: violates both the State Credit Card Crime Act, Section 817.60(1), (3), Florida Statutes 1973, and the provision

Pastoria v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-05-23

Citation: 312 So. 2d 808, 1975 Fla. App. LEXIS 14930

Snippet: or Delivered by Mistake in violation of Section 817.60(2), F.S.1969, F.S.A., which is also a part of the