Florida Statutes

Fla. Stat. § 817.61 (2025)

Fraudulent use of credit cards.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 817.61

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

§817.61FRAUD-ILLEG USE CREDIT CARDSUSE CRED CARD OBTAIN GOODS 2+ TIMES 0+F · 3rd

§817.61FRAUD-ILLEG USE CREDIT CARDSUSE CRED CARD OBTAIN GOODS LT 2 TIMES LT 0M · 1st

Notes of Decisions

Cited in 30 cases (2 in the last 5 years), 1972–2024 · leading case: Keels v. State, 792 So. 2d 1249 (Fla. 2d DCA 2001).

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Keels v. State, 792 So. 2d 1249 (Fla. 2d DCA 2001). · cites it 5× “The information further alleged that Keels was in unlawful possession of the credit card and used it with the intent to defraud the victim contrary to section 817.61, Florida Statutes (1999). Section 817.”

Neal v. State, 109 So. 3d 1245 (Fla. 2d DCA 2013). · cites it 23× “John Allen Neal appeals his judgment and sentences for fraudulent use of a credit card, a violation of section 817.61, Florida Statutes (2009), and for the violation of the conditions of pretrial release, a violation of section 741.”

Wolf v. State, 679 So. 2d 351 (Fla. 5th DCA 1996). · cites it 3× “§ 817.61, Fla. Stat. (1993). While use of a credit card contains several elements that are not required to commit petit theft, petit theft does not require any element that is not found in the fraudulent use of a credit card.”

Ross v. State, 760 So. 2d 214 (Fla. 2d DCA 2000). · cites it 3× “According to the trial court's order denying relief, Ross's convictions for fraudulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation of section 812.”

Riley v. State, 854 So. 2d 807 (Fla. 1st DCA 2003). · cites it 3× “In Ross , the Second District ruled: According to the trial court’s order denying relief, Ross’s convictions for fraud *808 ulent use of a credit card, in violation of section 817.61, Florida Statutes (1991), and grand theft, in violation of section 812.”

State v. Paffy, 369 So. 2d 340 (Fla. 1979). · cites it 2× “§ 817.61, Fla.Stat. (1977), states in pertinent part: A person who, with intent to defraud the issuer 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 .”

Fryer v. State, 732 So. 2d 30 (Fla. 5th DCA 1999). “The Wolf court reasoned that petit theft (which is the broader offense, since it involves all forms of theft) was a necessarily lesser included offense of the more particularized offense of fraudulent use of a credit card, since "it is not possible to commit an offense under…”

McConnell v. State, 298 So. 2d 550 (Fla. 2d DCA 1974). · cites it 3× “Appellant's primary contention is that his sentence should have been limited to that which is prescribed for a first degree misdemeanor, since this would have been the maximum he could have received if he had been convicted under the applicable provision of the State Credit Card…”

Strada v. State, 267 So. 2d 702 (Fla. 4th DCA 1972). · cites it 2× “01, was also a violation of Section 817.61, F.S.1969, F.S.A., which is a part of the State Credit Card Crime Act of 1967.”

Armstrong v. State, 42 So. 3d 315 (Fla. 2d DCA 2010). · cites it 3× “§ 817.61, Fla. Stat. (2007). 2 . A "PIN” is the "personal identification number” which must be used in conjunction with the credit card to obtain money from an ATM machine, similar to a signature if the card is used in person for a purchase.”

Rodriguez v. State, 768 So. 2d 1234 (Fla. 5th DCA 2000). “In summary, the judge also stated Rodriguez's violations "are probably not the most egregious in the world ..." We agree, but we also conclude that the proof in this case was insufficient to establish Rodriguez committed any substantial or willful violations of the conditions of…”

A.M. v. State, 794 So. 2d 645 (Fla. 2d DCA 2001). · cites it 11× “00) by representing, without the consent of the cardholder, that he is the holder of the card so used, contrary to Section 817.61, Florida Statutes.... We reverse the adjudication of delinquency because the State presented no proof at trial that A.”

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