Florida Statute 817.61 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.61

817.61 Fraudulent use of credit cards.—A person 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, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, or 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 a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued violates this section. A person who, in any 6-month period, uses a credit card in violation of this section two or fewer times, or obtains money, goods, services, or anything else in violation of this section the value of which is less than $100, is subject to the penalties set forth in s. 817.67(1). A person who, in any 6-month period, uses a credit card in violation of this section more than two times, or obtains money, goods, services, or anything else in violation of this section the value of which is $100 or more, is subject to the penalties set forth in s. 817.67(2).

History.—s. 4, ch. 67-340; s. 4, ch. 84-297; s. 3, ch. 85-43; s. 75, ch. 95-211; s. 1270, ch. 97-102.

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F.S. 817.61 on Casetext

Amendments to 817.61

Arrestable Offenses / Crimes under Fla. Stat. 817.61

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

S817.61 - FRAUD-ILLEG USE CREDIT CARDS - USE MORE 2 TIME 6 MS OBT GDS MNEY 100 DOL MORE - F: T

S817.61 - FRAUD-ILLEG USE CREDIT CARDS - 2 FEWER TIMES 6 MS OBT GDS MONEY LESS 100 DOL - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 817.61

Total Results: 20

King David of Sunny Isles Condominium Association, Inc. v. Alex Bushoy

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: prosecuted as credit card fraud pursuant to s. 817.61. Thus, as the initial complaint may be amenable

LEONARD ALVIN JONES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: fraudulent use of a credit card in violation of section 817.61, Florida Statutes (2016). On appeal he argues only…use of the credit card. He appeals. Section 817.61, Florida Statutes (2016), makes it a crime to fraudulently…the essential elements of a violation of section 817.61. He relies on A.M. v. State, 794 So. 2d 645 (Fla… of the card so used, contrary to Section 817.61, Florida Statutes . . . . Id. (emphasis added)… victim] . . . contrary to Florida Statutes 817.61 and 817.67(1). (emphasis added). The state clearly

Snell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-09T00:00:00-07:00

Citation: 210 So. 3d 115, 2016 Fla. App. LEXIS 13529

Snippet: count of fraudulent use of a credit card, see § 817.61, two counts of theft from a person sixty-five years

Neal v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-03T00:00:00-07:00

Citation: 109 So. 3d 1245, 2013 WL 1316692, 2013 Fla. App. LEXIS 5448

Snippet: (1972). Section 817.61 is based on section 4 of the Model Act. However, section 817.61 differs from section…fraudulent use of a credit card, a violation of section 817.61, Florida Statutes (2009), and for the violation… of $100 or more, a third-degree felony. See §§ 817.61, 67(2). On October 8, 2009, Neal entered a plea… of $100 or more, a third-degree felony. See §§ 817.61, 67(2). A jury found Neal guilty on the Charlotte…double jeopardy argument, we first examine section 817.61, the statute under which Neal was convicted in

Costin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-06T00:00:00-07:00

Citation: 46 So. 3d 96, 2010 Fla. App. LEXIS 15051, 2010 WL 3894494

Snippet: five crimes were all third-degree felonies. See §§ 817.61 (fraudulent use of a credit card more than twice

Armstrong v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-11T00:00:00-07:00

Citation: 42 So. 3d 315, 2010 Fla. App. LEXIS 11712, 2010 WL 3155021

Snippet: SILBERMAN and LaROSE, JJ., Concur. NOTES [1] § 817.61, Fla. Stat. (2007). [2] A "PIN" is the…himself as the cardholder, an element that section 817.61 requires under a plain reading of the statute.

Marshall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-24T00:53:00-07:00

Citation: 992 So. 2d 914

Snippet: with a charge for a third-degree felony. See §§ 817.61, 817.67(2), Fla. Stat. (1989). As such, the sentence

Riley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-05T00:00:00-07:00

Citation: 854 So. 2d 807, 2003 WL 22056287

Snippet: 808ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation…arose out a single transaction. Because section 817.61 contains a monetary element, this case is controlled

Keels v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-31T00:00:00-07:00

Citation: 792 So. 2d 1249, 2001 Fla. App. LEXIS 12242, 2001 WL 996079

Snippet: victim contrary to section 817.61, Florida Statutes (1999). Section 817.61 is titled “Fraudulent use of…obtained goods and services in violation of section 817.61, Florida Statutes (1999). No. 2D00-2753

A.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-30T00:00:00-07:00

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

Snippet: and 817.61 are included in part II. A.M. was charged and tried for a violation of section 817.61. Section…card in order to establish a violation of section 817.61, Florida Statutes (1999), I respectfully dissent…. These facts constitute a violation of section 817.61, fraudulent use of a credit card. Chapter 817 is…Section 817.61, in pertinent part, states as follows: “A person who, with intent to defraud ... uses, for…A.M. obtained merchandise in violation of section 817.61 by using a credit card obtained in violation of

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-06T00:53:00-07:00

Citation: 768 So. 2d 1234

Snippet: THOMPSON, C.J., and COBB, J., concur. NOTES [1] § 817.61 (Fla.Stat.1997). [2] Purvis v. State, 397 So.2d

Ross v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-26T00:53:00-07:00

Citation: 760 So. 2d 214

Snippet: fraudulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation…arose out a single transaction. Because section 817.61 contains a monetary element, this case is controlled

Fryer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-30T00:53:00-07:00

Citation: 732 So. 2d 30

Snippet: not possible to commit an offense under section 817.61 [the statute governing fraudulent use of a credit

McMonagle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-19T00:00:00-08:00

Citation: 696 So. 2d 830, 1997 Fla. App. LEXIS 2516, 1997 WL 120568

Snippet: credit card to obtain goods, in violation of section 817.61, Florida Statutes (1991). He pleaded nolo contendere

Wolf v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-09-06T00:53:00-07:00

Citation: 679 So. 2d 351

Snippet: card and such card has not in fact been issued. § 817.61, Fla. Stat. (1993). While use of a credit card …not possible to commit an offense under section 817.61 and not commit a theft; therefore, petit theft

State v. Weaver

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-17T00:00:00-08:00

Citation: 662 So. 2d 1019, 1995 Fla. App. LEXIS 12103, 1995 WL 680449

Snippet: ., concur. . § 831.01, Fla.Stat. (1991). . § 817.61, Fla.Stat. (1991). No. 95-0780 District

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-02T00:00:00-08:00

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

Snippet: sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used the

Morgan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-27T00:00:00-08:00

Citation: 590 So. 2d 1119, 1991 Fla. App. LEXIS 12768, 1991 WL 275592

Snippet: imprisonment for such a conviction is five years. Sections 817.61, 817.67 and 775.082(3)(d), Fla.Stat. (1989). Upon

Florida Bar v. Bryan

Court: Fla. | Date Filed: 1987-04-30T00:00:00-07:00

Citation: 506 So. 2d 395, 12 Fla. L. Weekly 217, 1987 Fla. LEXIS 1832

Snippet: fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a third…fraudulent use of a credit card in violation of section 817.61, Florida Statutes. He entered a plea of nolo contendere

Worthington v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-14T23:53:00-08:00

Citation: 501 So. 2d 75

Snippet: 782.04, 810.02(2), 810.02(3), 812.014, 831.02 and 817.61, Fla. Stat. (1985), respectively. [2] § 775.082