The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

View Entire Chapter

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.

F.S. 817.61 on Google Scholar

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 from cite.case.law:

JONES, v. STATE, 239 So. 3d 203 (Fla. App. Ct. 2018)

. . . including trespass of a structure, petit theft, and fraudulent use of a credit card in violation of section 817.61 . . . Section 817.61, Florida Statutes (2016), makes it a crime to fraudulently use a credit card. . . . card he used, and thus the state had failed to prove the essential elements of a violation of section 817.61 . . . without the consent of the cardholder, that he is the holder of the card so used, contrary to Section 817.61 . . . he was the holder of a card without the authority of [the victim] ... contrary to Florida Statutes 817.61 . . .

SNELL, v. STATE, 210 So. 3d 115 (Fla. Dist. Ct. App. 2016)

. . . Stat. (2013), one count of fraudulent use of a credit card, see § 817.61, two counts of theft from a . . .

NEAL, a k a v. STATE, 109 So. 3d 1245 (Fla. Dist. Ct. App. 2013)

. . . Neal appeals his judgment and sentences for fraudulent use of a credit card, a violation of section 817.61 . . . See §§ 817.61, 67(2). . . . See §§ 817.61, 67(2). A jury found Neal guilty on the Charlotte County charge. . . . Section 817.61 appears in Part II of chapter 817 of the Florida Statutes. . . . Section 817.61 is based on section 4 of the Model Act. . . .

UNITED STATES v. ANDRE,, 491 F. App'x 109 (11th Cir. 2012)

. . . . § 817.61. . . . 679 So.2d 351, 353 (Fla.Dist.Ct.App.1996) (“[I]t is not possible to commit an offense under section 817.61 . . . Stat. § 817.61. . . .

COSTIN, v. STATE, 46 So. 3d 96 (Fla. Dist. Ct. App. 2010)

. . . See §§ 817.61 (fraudulent use of a credit card more than twice in six months), 812.014(3)(c) (felony . . .

ARMSTRONG, v. STATE, 42 So. 3d 315 (Fla. Dist. Ct. App. 2010)

. . . . § 817.61, Fla. Stat. (2007). . . . . of Lewis' PIN is not tantamount to representing himself as the cardholder, an element that section 817.61 . . .

NIJHAWAN v. HOLDER, ATTORNEY GENERAL, 557 U.S. 29 (3d Cir. 2009)

. . . . §§812.012 (1994), 812.014 (West Supp. 1996); but see, e.g., §§817.234 (insurance fraud), 817.61 (fraudulent . . .

MARSHALL, v. STATE, 992 So. 2d 914 (Fla. Dist. Ct. App. 2008)

. . . See §§ 817.61, 817.67(2), Fla. Stat. (1989). . . .

RILEY, v. STATE, 854 So. 2d 807 (Fla. Dist. Ct. App. 2003)

. . . order denying relief, Ross’s convictions for fraudulent use of a credit card, in violation of section 817.61 . . . Because section 817.61 contains a monetary element, this case is controlled by State v. . . .

M. KEELS, v. STATE, 792 So. 2d 1249 (Fla. Dist. Ct. App. 2001)

. . . possession of the credit card and used it with the intent to defraud the victim contrary to section 817.61 . . . Section 817.61 is titled “Fraudulent use of credit cards.” . . . There is no dispute that Keels obtained goods and services in violation of section 817.61, Florida Statutes . . .

A. M. A v. STATE, 794 So. 2d 645 (Fla. Dist. Ct. App. 2001)

. . . represented himself or herself as the holder of a credit card in order to establish a violation of section 817.61 . . . These facts constitute a violation of section 817.61, fraudulent use of a credit card. . . . Sections 817.60 and 817.61 are included in part II. . . . A.M. was charged and tried for a violation of section 817.61. . . . Section 817.61, in pertinent part, states as follows: “A person who, with intent to defraud ... uses, . . . without the consent of the cardholder, that he is the holder of the card so used, contrary to Section 817.61 . . . However, these facts do not constitute a violation of section 817.61, Florida Statutes (1999). . . . It clearly sets forth elements that constitute a violation of section 817.61, not section 817.60. . . .

RODRIGUEZ, v. STATE, 768 So. 2d 1234 (Fla. Dist. Ct. App. 2000)

. . . . § 817.61 (Fla.Stat.1997). . Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981). . . .

L. ROSS, v. STATE, 760 So. 2d 214 (Fla. Dist. Ct. App. 2000)

FRYER, v. STATE, 732 So. 2d 30 (Fla. Dist. Ct. App. 1999)

. . . offense of fraudulent use of a credit card, since “it is not possible to commit an offense under section 817.61 . . .

McMONAGLE, v. STATE, 696 So. 2d 830 (Fla. Dist. Ct. App. 1997)

. . . , MeMonagle was charged with unlawful use of a credit card to obtain goods, in violation of section 817.61 . . .

WOLF, v. STATE, 679 So. 2d 351 (Fla. Dist. Ct. App. 1996)

. . . . § 817.61, Fla. Stat. (1993). . . . In other words, it is not possible to commit an offense under section 817.61 and not commit a theft; . . .

STATE v. WEAVER,, 662 So. 2d 1019 (Fla. Dist. Ct. App. 1995)

. . . . § 817.61, Fla.Stat. (1991). . . .

SIMMONS, v. STATE, 594 So. 2d 853 (Fla. Dist. Ct. App. 1992)

. . . At the sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant . . .

MORGAN, v. STATE, 590 So. 2d 1119 (Fla. Dist. Ct. App. 1991)

. . . Sections 817.61, 817.67 and 775.082(3)(d), Fla.Stat. (1989). . . .

THE FLORIDA BAR, v. BRYAN,, 506 So. 2d 395 (Fla. 1987)

. . . This fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a . . . 817.59, Florida Statutes, and two counts of of fraudulent use of a credit card in violation of section 817.61 . . .

WORTHINGTON, v. STATE, 501 So. 2d 75 (Fla. Dist. Ct. App. 1987)

. . . .-02 and 817.61, Fla. Stat. (1985), respectively. . § 775.082(1), Fla. Stat. (1985). . . . .

STATE v. TAMBURRI,, 463 So. 2d 489 (Fla. Dist. Ct. App. 1985)

. . . state charged Calcagino by information with fraudulent use of a credit card in violation of sections 817.61 . . .

WILLIAMS, v. STATE, 451 So. 2d 1047 (Fla. Dist. Ct. App. 1984)

. . . Section 817.61, Florida Statutes (1981) outlaws the fraudulent use of credit cards. . . .

WILLIAMS, v. STATE, 462 So. 2d 1131 (Fla. Dist. Ct. App. 1984)

. . . Section 817.61, Florida Statutes (1981) outlaws the fraudulent use of credit cards. . . .

D. W. a v. STATE, 428 So. 2d 363 (Fla. Dist. Ct. App. 1983)

. . . trial court to correct the felony adjudication of delinquency for fraudulent use of a credit card [§ 817.61 . . .

W. ANDERSON, a k a v. STATE, 415 So. 2d 49 (Fla. Dist. Ct. App. 1982)

. . . Appellant was charged with violating sections 817.61 (fraudulent use of a credit card) and 831.02 (uttering . . .

STATE v. A. PAFFY,, 369 So. 2d 340 (Fla. 1979)

. . . . § 817.61, Fla.Stat. (1977), states in pertinent part: A person who, with intent to defraud the issuer . . .

UNITED STATES v. ULLRICH,, 580 F.2d 765 (5th Cir. 1978)

. . . .-60(1), 817.61 (1975). . . .

LAWRENCE, v. STATE, 330 So. 2d 160 (Fla. Dist. Ct. App. 1976)

. . . that the court erred in sentencing him under the forgery and uttering statutes rather than under § 817.61 . . .

R. PASTORIA, v. STATE, 312 So. 2d 808 (Fla. Dist. Ct. App. 1975)

. . . S.A., along with Fraudulent Use of Credit Card in violation of Section 817.61, F.S. 1969, F.S.A., which . . . which is Count I of the Amended Information is the same conduct which was also a violation of Section 817.61 . . . defendant is charged with a violation of Section 831.01, F.S. 1969, F.S.A. and also a violation of Section 817.61 . . . sentenced under the penal provisions of the State Credit Card Crime Act, in this case being Section 817.61 . . .

McCONNELL, v. STATE, 298 So. 2d 550 (Fla. Dist. Ct. App. 1974)

. . . he had been convicted under the applicable provision of the State Credit Card Crime Act, to wit: § 817.61 . . . that where the conduct of a defendant convicted under § 831.01, F.S.A., constituted a violation of § 817.61 . . . would be made, a conviction might have been obtained under the third degree felony provisions of § 817.61 . . .

STRADA, v. STATE, 267 So. 2d 702 (Fla. Dist. Ct. App. 1972)

. . . of the statute on which the information was founded, Section 831.01, was also a violation of Section 817.61 . . . which violated Section 831.01, F.S. 1969, F.S.A., (the earlier law) was also a violation of Section 817.61 . . .

STATE v. McCURDY,, 257 So. 2d 92 (Fla. Dist. Ct. App. 1972)

. . . infor-mations were drawn] were “inconsistent with the terms of the State Credit Card Act, specifically, § 817.61 . . .

WILLIAM H. HASKELL MFG. CO. v. UNITED STATES, 91 F. Supp. 26 (D.R.I. 1950)

. . . minor adjustments increasing the undistributed net income to $65,581.72 and the surtax thereon to $11,-817.61 . . .