Illegal Use of a Credit Card — C.G.S. § 53a-128c

Introduction

This charge targets the use of a credit/debit card—or just the number—without the cardholder’s authorization, or using a card you know is stolen, forged, expired, or revoked to obtain money, goods, or services. These cases often arise from in-store taps, online “card-not-present” orders, or charges made from a saved mobile wallet. The good news: outcomes usually turn on authorization, knowledge, identity, and value—all places we can fight.

The Law — C.G.S. § 53a-128c

A person commits illegal use of a credit card when, with intent to defraud, they use a card (or card/account number) to obtain anything of value knowing the card is stolen, forged, expired, or revoked, or without the cardholder’s consent (including falsely claiming to be the cardholder or that a card exists when it hasn’t been issued). Classification:Punished by value in a six-month period — Class A misdemeanor if the total obtained is $500 or less; Class D felony if it exceeds $500.

Penalties for Illegal Use of a Credit Card

• Class A misdemeanor (≤ $500 in 6 months): up to 364 days jail; fine up to $2,000; probation possible.
• Class D felony (> $500 in 6 months): up to 5 years prison; fine up to $5,000; probation possible.
• Collateral issues: restitution, bank/merchant chargebacks, professional-license and immigration concerns, and possible companion charges.

Real-World Examples1) $730 in Same-Day Store Charges (Chargeable Under § 53A-128C)

A wallet is stolen and the card is used to buy electronics and shoes totaling $730. Unauthorized use + knowledge the card wasn’t theirs fits.

2) $1,200 Online “Ship to New Address” Order (Chargeable Under § 53a-128c)

A former coworker keeps a customer’s card number and places a card-not-present order to a different address. No consent and CNP use are covered.

3) $640 in App and Food-Delivery Purchases From a Saved Wallet (Chargeable Under § 53a-128c)

An ex uses the cardholder’s saved card after a breakup. No current authorization→ chargeable.

4) “Use My Card for Groceries” Text (Not Chargeable Under § 53a-128c)

Cardholder messages clear permission to use the card for a specific errand. Actual consent defeats illegal use.

Related Offenses (Similar Crimes With Statutes)

• Credit Card Theft — C.G.S. § 53a-128b
• Receipt of Goods/Services Obtained by Illegal Credit Card Use — C.G.S. § 53a-128d
• Sale/Possession of Credit Card of Another — C.G.S. § 53a-128e
• Identity Theft (related scenarios) — C.G.S. §§ 53a-129a– 53a-129d
• Forgery in the Second Degree (signing slips/authorization) — C.G.S. § 53a-139

Defenses to C.G.S. § 53a-128c

• Consent/authorization: Texts, emails, prior lending, or household budgeting practices may show permission.
• No knowledge the card was invalid: You didn’t know it was stolen/forged/expired/revoked.
• Identity/device issues: Someone else used the device, account, IP, or stored wallet.
• Value/aggregation disputes: Challenge how transactions are totaled over six months to reduce exposure.
• Suppression/procedure: Unlawful searches of phones, accounts, or devices can exclude key evidence.

The Accelerated Rehabilitation (AR) Program

For many first-time offenders, AR may be available. If the judge grants AR and you complete the conditions (often including restitution), the case can be dismissed and erased. We’ll weigh AR against defenses and any chance to negotiate a reduction.

FAQs About C.G.S. § 53a-128c1. Do Online/App Transactions Count if I Never Had the Physical Card?

Yes—card-not-present use (numbers only) is treated the same as a swipe/tap.

2. What if I Had Permission Before, but Not Anymore?

Prior permission isn’t ongoing. Without current consent, charges can be illegal use.

3. Is It a Crime to Use a Card I Found if the Charge “Goes Through”?

Yes. Approval doesn’t make it lawful if the card isn’t yours or consent is missing.

4. Can I Be Charged if Someone Else Used My Phone or Account?

You can be accused, but device logs, IP data, and account history can prove someone else made the charges.

5. How Does the State Decide Misdemeanor vs. Felony?

By total value obtained within any six-month span: $500 or less is a misdemeanor; more than $500is a felony.

6. Will Repaying the Bank or Merchant Help?

Restitution helps negotiations and can support diversion, but it doesn’t automatically dismiss a case.

7. Do Signed Receipts Matter?

Alleged forged signatures can add Forgery 2nd, but we can test whether the signature proof is reliable.

8. Can This Be Combined With Identity Theft?

Yes—if personal identifying info was used unlawfully, identity-theft counts may be added.

9. Will I Go to Jail on a First Offense?

Often not. With restitution and no record, many first-time cases resolve with diversion or non-jail outcomes.

10. What Should I Do Right Now?

Don’t make statements. Preserve texts/emails, bank notices, device/wallet screenshots, and contact a lawyer to manage communications.

Conclusion & Call to Action

Credit-card cases hinge on authorization, knowledge, identity, and value. Bring me the bank alerts, texts/emails, device or wallet screenshots, and merchant paperwork. I’ll stress-test the State’s proof, pursue reductions or diversion, and protect your record.

📞 Call (203) 357-5555 or reach me through the contact page for a confidential case review today.

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