Tennessee Code Annotated
Tenn. Code Ann. § 39-14-118 (2026)
Illegal possession or fraudulent use of credit or debit card
✓ current as of May 2026
- (a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.
- (b) A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:
- (1) The card is forged or stolen;
- (2) The card has been revoked or cancelled;
- (3) The card has expired and the person uses the card with fraudulent intent; or
- (4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
- (c)
- (1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105, depending on the amount of property, credit, goods or services obtained.
- (2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2008, ch. 851, § 1.
Notes of Decisions
Cited in 17
cases (3 in the last 5 years), 1995–2024 · leading case: Donald MacDermid v. Discover Fin. Servs., 342 F. App'x 138 (6th Cir. 2009).
Donald MacDermid v. Discover Fin. Servs., 342 F. App'x 138 (6th Cir. 2009). “MacDer-mid’s conduct appeared to violate various provisions of the Tennessee criminal code, specifically Tenn.Code Ann. § 39-14-118(a) and (b)(4), relating to fraud, as well as Tenn.”
State of Tennessee v. Todd Joseph Sweet a/k/a Jamie Lee Turpin (Tenn. Crim. App. 2011). “” T.C.A. § 39-14-118(a) (2006). Fraudulent use of a credit card is punishable as theft pursuant to Tennessee Code Annotated section 39-14-105 depending on the amount of property, credit, goods, or services obtained.”
State of Tennessee v. Wayne Boykin (Tenn. Crim. App. 2011). “SUFFICIENCY OF THE EVIDENCE The defendant claims that the evidence was insufficient to support his conviction for fraudulent use of a credit card pursuant to Tennessee Code Annotated section 39-14-118(b), which renders it a crime to “use[], or allow[] to be used, a credit or…”
State of Tennessee v. John M. Fletcher (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 39-14-118 (c)(1) (2018) (emphasis added).”
State of Tennessee v. Jasper Turner (Tenn. Crim. App. 2003). “However, there is nothing in Tennessee Code Annotated section 39-14-118 which precludes prosecution under any general statute for the criminal act that the proof showed Defendant committed.”
State of Tennessee v. Mickey Edwards (Tenn. Crim. App. 2015). “See Tenn. Code Ann. § 39-14-118 (b) (2010) (person commits fraudulent use of a credit card when the person knows the card is forged, stolen, revoked, cancelled, expired, or that the person is not authorized to use the card); Tenn.”
State of Tennessee v. Anmichael Leonard (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-14-118(b) states, in relevant part, “A person commits the crime of fraudulent use of a credit or debit card who uses .”
State of Tennessee v. Aaron Evan Perry (Tenn. Crim. App. 2021). “]” Tenn. Code Ann. § 39-14-118 . In the light most favorable to the State, the record is devoid of evidence that the Defendant used any of the credit card numbers associated with the specific victims named in Counts 1, 2, and 4 of the indictment.”
State of Tennessee v. Vernice Darlene Farrar (Tenn. Crim. App. 2024). “” Tenn. Code Ann. § 39-14-118 (b)(1). In the light most favorable to the State, the evidence at trial showed, while the defendant was in the victim’s house stealing sports collectibles, her accomplices murdered the victim and stole his debit card.”
Cyril v. Fraser (Tenn. Crim. App. 1995). “1 Tenn. Code Ann. § 39-14-118 (a). 2 Tenn. Code Ann.”
Montorius G. Herron v. State of Tennessee (Tenn. Crim. App. 2012). “This Court has recently held that the crime of fraudulent use of a credit or debit card, as defined in Tennessee Code Annotated section 39-14-118(b) is not a lesser included offense of identity theft.”
State of Tennessee v. Timothy Eugene Kelly, Jr. (Tenn. Crim. App. 2012). “Turning to the appellant’s remaining convictions, Tennessee Code Annotated section 39-14-118(b)(1) provides that “[a] person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for…”
— Tenn. Code Ann. § 39-14-118(a) — 3 cases
Donald MacDermid v. Discover Fin. Servs., 342 F. App'x 138 (6th Cir. 2009). “MacDer-mid’s conduct appeared to violate various provisions of the Tennessee criminal code, specifically Tenn.Code Ann. § 39-14-118(a) and (b)(4), relating to fraud, as well as Tenn.”
State of Tennessee v. Todd Joseph Sweet a/k/a Jamie Lee Turpin (Tenn. Crim. App. 2011). “” T.C.A. § 39-14-118(a) (2006). Fraudulent use of a credit card is punishable as theft pursuant to Tennessee Code Annotated section 39-14-105 depending on the amount of property, credit, goods, or services obtained.”
State of Tennessee v. Cheryl Rebecca Norwood (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-14-118(b) — 6 cases
Donald MacDermid v. Discover Fin. Servs., 342 F. App'x 138 (6th Cir. 2009). “MacDer-mid’s conduct appeared to violate various provisions of the Tennessee criminal code, specifically Tenn.Code Ann. § 39-14-118(a) and (b)(4), relating to fraud, as well as Tenn.”
State of Tennessee v. Wayne Boykin (Tenn. Crim. App. 2011). “SUFFICIENCY OF THE EVIDENCE The defendant claims that the evidence was insufficient to support his conviction for fraudulent use of a credit card pursuant to Tennessee Code Annotated section 39-14-118(b), which renders it a crime to “use[], or allow[] to be used, a credit or…”
State of Tennessee v. Anmichael Leonard (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-14-118(b) states, in relevant part, “A person commits the crime of fraudulent use of a credit or debit card who uses .”
Montorius G. Herron v. State of Tennessee (Tenn. Crim. App. 2012). “This Court has recently held that the crime of fraudulent use of a credit or debit card, as defined in Tennessee Code Annotated section 39-14-118(b) is not a lesser included offense of identity theft.”
State of Tennessee v. Jasper Turner (Tenn. Crim. App. 2003). “However, there is nothing in Tennessee Code Annotated section 39-14-118 which precludes prosecution under any general statute for the criminal act that the proof showed Defendant committed.”
— Tenn. Code Ann. § 39-14-118(b)(1) — 2 cases
State of Tennessee v. Timothy Eugene Kelly, Jr. (Tenn. Crim. App. 2012). “Turning to the appellant’s remaining convictions, Tennessee Code Annotated section 39-14-118(b)(1) provides that “[a] person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for…”
State of Tennessee v. Keeanna Luellan (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-14-118(b)(4) — 1 case
State of Tennessee v. Wayne Boykin (Tenn. Crim. App. 2011). “SUFFICIENCY OF THE EVIDENCE The defendant claims that the evidence was insufficient to support his conviction for fraudulent use of a credit card pursuant to Tennessee Code Annotated section 39-14-118(b), which renders it a crime to “use[], or allow[] to be used, a credit or…”
— Tenn. Code Ann. § 39-14-118(c)(1) — 1 case
State of Tennessee v. Todd Joseph Sweet a/k/a Jamie Lee Turpin (Tenn. Crim. App. 2011). “” T.C.A. § 39-14-118(a) (2006). Fraudulent use of a credit card is punishable as theft pursuant to Tennessee Code Annotated section 39-14-105 depending on the amount of property, credit, goods, or services obtained.”
— Tenn. Code Ann. § 39-14-118(c)(2) — 2 cases
State of Tennessee v. Todd Joseph Sweet a/k/a Jamie Lee Turpin (Tenn. Crim. App. 2011). “” T.C.A. § 39-14-118(a) (2006). Fraudulent use of a credit card is punishable as theft pursuant to Tennessee Code Annotated section 39-14-105 depending on the amount of property, credit, goods, or services obtained.”
State of Tennessee v. John M. Fletcher (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 39-14-118 (c)(1) (2018) (emphasis added).”
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