570.130. Fraudulent use of a credit device or debit device — penalty. — 1. A person commits the offense of fraudulent use of a credit device or debit device if he or she uses a credit device or debit device for the purpose of obtaining services or property, knowing that:
(1) The device is stolen, fictitious or forged; or
(2) The device has been revoked or cancelled; or
(3) For any other reason his or her use of the device is unauthorized; or
(4) Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels such charges or payment without just cause. It shall be prima facie evidence of a violation of this section if a person cancels such charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri department of revenue.
2. The offense of fraudulent use of a credit device or debit device is a class A misdemeanor unless the value of the property tax or the value of the property or services obtained or sought to be obtained within any thirty-day period is seven hundred fifty dollars or more, in which case fraudulent use of a credit device or debit device is a class E felony.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1983–2023 · leading case:
State v. Presberry, 128 S.W.3d 80 (Mo. Ct. App. 2003).
State v. Presberry, 128 S.W.3d 80 (Mo. Ct. App. 2003).
· cites it 4× “030, fraudulent use of a credit device in violation of Section 570.130, attempted first degree robbery in violation of Section 564.”
Perkins v. Bridgeton Police Dept., 549 S.W.3d 504 (Mo. Ct. App. 2018).
· cites it 6× “090 or Fraudulent Use of a Credit or Debit Device under Section 570.130. The circuit court noted that a conviction under Section 570.”
State v. Goebel, 83 S.W.3d 639 (Mo. Ct. App. 2002).
· cites it 5× “These statutes are consistent except for the category of crime and punishment and that distinction is not a basis to hold that § 570.130 RSMo 1978 prohibits the prosecutor from electing to charge under § 570.”
State v. Grady, 691 S.W.2d 301 (Mo. Ct. App. 1985).
· cites it 5× “These statutes are consistent except for the category of crime and punishment and that distinction is not a basis to hold that § 570.130 RSMo 1978 prohibits the prosecutor from electing to charge under § 570.”
State v. Baker, 548 S.W.3d 444 (Mo. Ct. App. 2018).
· cites it 4× “The legislature has not made § 570.130 [fraudulent use of a credit or debit device] limiting of § 570.”
State v. Hudson, 793 S.W.2d 872 (Mo. Ct. App. 1990).
· cites it 2× “He contends that while the evidence may show the offense of a fraudulent use of a credit device, a Class A misdemeanor pursuant to § 570.130, RSMo., 1986, the facts do not show that the felony of forgery was committed.”
State v. Taylor, 109 S.W.3d 190 (Mo. Ct. App. 2003).
· cites it 2× “030, and fraudulent use of a credit device, section 570.130. Defendant filed a motion to suppress statements.”
State v. O'Shea, 141 S.W.3d 498 (Mo. Ct. App. 2004).
· cites it 2× “030, and two counts of fraudulent use of a credit card, a violation of Section 570.130. During the time that Appellant was out on bond awaiting sentencing on those charges, he wrote fifteen checks drawn on the account of Charlene Beck.”
State v. Williams, 804 S.W.2d 408 (Mo. Ct. App. 1991).
“Fraudulent use of a credit card is an offense, § 570.130, which may be a class A misdemeanor or a class D felony, depending upon the value of the property or services obtained.”
State v. Wynn, 783 S.W.2d 447 (Mo. Ct. App. 1990).
“Appellant, Warren Wynn, appeals his jury conviction for the class D felony of *448 fraudulent use of a credit device pursuant to RSMo § 570.130 (1986) for which he was sentenced as a prior and persistent offender to a term of two years imprisonment.”
State v. Millender, 272 S.W.3d 474 (Mo. Ct. App. 2008).
· cites it 3× “030 RSMo (2000) and fraudulent use of a credit device, in violation of section 570.130 RSMo (2000). The trial court found defendant to be a prior and persistent offender and sentenced him to fifteen years imprisonment on the felony stealing count and ten days in the City of St.”
State v. Belger, 956 S.W.2d 432 (Mo. Ct. App. 1997).
· cites it 2× “030, and one count of fraudulent use of a credit device, Section 570.130 for acts arising out of a series of thefts and robberies over a six day period.”
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