[PART X.]
CREDIT CARD OFFENSES
§708-8100 Fraudulent use of a credit card.
(1) A person commits the offense of fraudulent use of a credit card, if with
intent to defraud the issuer, or another person or organization providing
money, goods, services, or anything else of value, or any other person, the
person:
(a) Uses or attempts or conspires to use, for the
purpose of obtaining money, goods, services, or anything else of value a credit
card obtained or retained in violation of section 708-8102 or a credit card
which the person knows is forged, expired, or revoked;
(b) Obtains or attempts or conspires to obtain
money, goods, services, or anything else of value by representing without the
consent of the cardholder that the person is the holder of a specified card or
by representing that the person is the holder of a card and such card has not
in fact been issued; or
(c) Uses or attempts or conspires to use a credit
card number without the consent of the cardholder for the purpose of obtaining
money, goods, services, or anything else of value.
(2) Fraudulent use of a credit card is a class
C felony if the value of all money, goods, services, and other things of value
obtained or attempted to be obtained exceeds $300 in any six-month period. For
purposes of this section, each separate use of a credit card that exceeds $300
constitutes a separate offense.
(3) Fraudulent use of a credit card is a
misdemeanor, if the value of all money, goods, services, and other things of
value obtained or attempted to be obtained does not exceed $300 in any
six-month period.
(4) Knowledge of revocation of a credit card
shall be presumed to have been received by a cardholder four days after it has
been mailed to the cardholder at the address set forth on the credit card or at
the last known address by registered or certified mail, return receipt
requested, and, if the address is more than five hundred miles from the place
of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be
presumed to have been received ten days after mailing by registered or
certified mail. [L 1986, c 314, pt of §61; am L 1988, c 55, §1; am L 2006, c
230, §44]
Case Notes
Theft in the second degree is not a lesser included offense.
70 H. 434, 774 P.2d 888 (1989).
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1989–2023 · leading case:
State v. Gaylord, 890 P.2d 1167 (Haw. 1995).
State v. Gaylord, 890 P.2d 1167 (Haw. 1995).
· cites it 4× “HRS §§ 708-8100 through 708-8106 (Supp.1992)] is adequate to handle the problem.”
State v. Freeman, 774 P.2d 888 (Haw. 1989).
· cites it 7× “Laws 1988, amended § 708-8100 by lowering the value of money, goods, and services, required as an element of credit card fraud in the class C felony category from $500 to $300 to make this section uniform with similar statutory crimes.”
State v. Shaw., 497 P.3d 71 (Haw. 2021).
· cites it 4× “6 (2014), and one count of Credit Card Fraud, in violation of HRS § 708-8100(1)(c) (2014).2 After a jury trial, Shaw was convicted on both counts.”
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
· cites it 2× “55; four counts of theft of credit card in violation of HRS § 708-8102; two counts of fraudulent use of a credit card in violation of HRS § 708-8100; one count of promoting a dangerous drug in the third degree in violation of HRS § 712-1243; and one count of prohibited acts…”
State v. Shaw, 462 P.3d 1109 (Haw. App. 2020).
· cites it 29× “" 3 HRS § 708-8100 provides, in relevant part: §708-8100 Fraudulent use of a credit card.”
State v. Williams, 777 P.2d 1192 (Haw. 1989).
“On January 19,1988, Williams was charged with committing the fraudulent use of a stolen American Express credit card in violation of Hawaii Revised Statutes (HRS) § 708-8100(1)(c) (Supp. 1987) plus 708-8100(2) (Supp.”
Neal v. State, 109 So. 3d 1245 (Fla. 2d DCA 2013).
“…six-month feature. See, e.g., Ariz.Rev.Stat. Ann. §§ 13-2101 to -2107 (1969); CaLPenal Code §§ 484d-i (West 1967); Haw.Rev.Stat. §§ 708-8100, 708-8101 to -8104, 708-8106 (1986); Ky. Rev.Stat. Ann. §§ 434.550-650, 660-670, 680, 690 (West 1970); N.M. Stat. Ann. §§ 30-16-25 to…”
State v. Calucag, 224 P.3d 456 (Haw. App. 2010).
· cites it 6× “2005) and 708-830(2) (1993); Count III, Fraudulent Use of a Credit Card, in violation of HRS § 708-8100(1)(c) (1993); Count IV, Identity Theft in the Second Degree, in violation of HRS § 708-839.”
State v. Jarnesky, 538 P.3d 792 (Haw. App. 2023).
· cites it 3× “6 HRS § 708-8100(1)(a) states: § 708-8100 Fraudulent use of a credit card .”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
· cites it 2× “55; four counts of theft of credit card in violation of HRS § 708-8102; two counts of fraudulent use of a credit card in violation of HRS § 708-8100; one count of promoting a dangerous drug in the third degree in violation of HRS § 712-1243; and one count of prohibited acts…”
— Haw. Rev. Stat. § 708-8100(1) — 1 case
State v. Freeman, 774 P.2d 888 (Haw. 1989).
“Laws 1988, amended § 708-8100 by lowering the value of money, goods, and services, required as an element of credit card fraud in the class C felony category from $500 to $300 to make this section uniform with similar statutory crimes.”
— Haw. Rev. Stat. § 708-8100(1)(a) — 1 case
State v. Jarnesky, 538 P.3d 792 (Haw. App. 2023).
“6 HRS § 708-8100(1)(a) states: § 708-8100 Fraudulent use of a credit card .”
— Haw. Rev. Stat. § 708-8100(1)(b) — 1 case
State v. Freeman, 774 P.2d 888 (Haw. 1989).
“Laws 1988, amended § 708-8100 by lowering the value of money, goods, and services, required as an element of credit card fraud in the class C felony category from $500 to $300 to make this section uniform with similar statutory crimes.”
— Haw. Rev. Stat. § 708-8100(1)(c) — 4 cases
State v. Shaw., 497 P.3d 71 (Haw. 2021).
“6 (2014), and one count of Credit Card Fraud, in violation of HRS § 708-8100(1)(c) (2014).2 After a jury trial, Shaw was convicted on both counts.”
State v. Williams, 777 P.2d 1192 (Haw. 1989).
“On January 19,1988, Williams was charged with committing the fraudulent use of a stolen American Express credit card in violation of Hawaii Revised Statutes (HRS) § 708-8100(1)(c) (Supp. 1987) plus 708-8100(2) (Supp.”
State v. Shaw, 462 P.3d 1109 (Haw. App. 2020).
“" 3 HRS § 708-8100 provides, in relevant part: §708-8100 Fraudulent use of a credit card.”
State v. Calucag, 224 P.3d 456 (Haw. App. 2010).
“2005) and 708-830(2) (1993); Count III, Fraudulent Use of a Credit Card, in violation of HRS § 708-8100(1)(c) (1993); Count IV, Identity Theft in the Second Degree, in violation of HRS § 708-839.”
— Haw. Rev. Stat. § 708-8100(2) — 2 cases
State v. Shaw., 497 P.3d 71 (Haw. 2021).
“6 (2014), and one count of Credit Card Fraud, in violation of HRS § 708-8100(1)(c) (2014).2 After a jury trial, Shaw was convicted on both counts.”
State v. Shaw, 462 P.3d 1109 (Haw. App. 2020).
“" 3 HRS § 708-8100 provides, in relevant part: §708-8100 Fraudulent use of a credit card.”
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