Allan F. Friedman Criminal Lawyer Home
C.G.S. § 53a-128d — Illegal Use of a Credit/Debit Card
Plain-English Overview 
Under § 53a-128d, it’s a crime to use a payment card (credit or debit) you know is stolen, forged, revoked, expired, or otherwise unauthorized—or to use a card number without the cardholder’s consent—to obtain money, goods, services, or anything of value.
What Prosecutors Must Prove (Elements)To convict, the State generally must show that you:
- Used a credit/debit card (or the card number) to obtain value;
- Knew the card/number was stolen, forged, revoked/expired, or used without the cardholder’s consent (or the card was obtained/kept in violation of § 53a-128c); and
- Acted with intent to obtain money, goods, services, or other value.
- Class A misdemeanor by default.
- Class D felony if the total value obtained with the card/number exceeds $500 within any six-month period.
Courts can also order restitution, probation, and technology/search conditions.
- Using a found or borrowed card number saved in a phone/wallet app to buy merchandise.
- Paying bills online with a former partner’s card after access was revoked.
- Subscription/ride-share charges on a roommate’s card after moving out.
- Entering a manually typed card number at checkout that was copied from a photo or receipt.
- Merchant logs, POS video, IP/device fingerprints, and delivery records.
- Card network chargebacks, bank fraud affidavits, and account notices (revoked/expired).
- Texts/DMs/emails showing access to the card, number sharing, or “I used it, I’ll pay you back.”
- App store/phone wallet history, screenshots, and autofill data.
- Authorization/consent: Prior permission, shared accounts, or ambiguous revocation.
- Knowledge/intent: You didn’t know the card was canceled/expired; believed you had authority.
- Identity/attribution: Was it your device/account at the time? Shared phones and saved cards complicate attribution.
- Valuation window: Challenging the $500/6-month aggregation (returns, reversals, partial credits).
- Merchant/processor errors: Faulty card tokenization, duplicate transactions, or mis-applied credentials.
- Likely chargeable (misdemeanor): You use an old photo of a card to place a $140 food delivery after the cardholder told you not to—no large total.
- Likely chargeable (felony): Over four months, multiple app purchases total $860 using an ex-partner’s saved card; consent was withdrawn.
- Borderline/defense: You believed a shared family account still authorized you; transactions occurred before the cardholder actually revoked consent with the bank.
- Not guilty potential: Merchant mis keyed a card number that happens to match digits you texted (not a payment card); logs don’t tie your device to the transaction.
- § 53a-128a — Definitions for payment-card crimes
- § 53a-128c — Theft of a credit card
- § 53a-128e — Criminal possession of a credit card
- § 53a-129a/b/c — Identity theft (degrees)
- Larceny (by amount) — Charging may also track total value
Yes. “Credit card” statutes broadly cover payment cards and card numbers used to obtain value.
2) What if the Card Once Belonged to a Shared Account?Past sharing isn’t permanent authorization. If consent was revoked, continued use can be criminal.
3) The Cardholder Told Me I Could “Pay Them Back Later.” Is That a Defense?Only if you truly had consent at the time of each transaction. “I’ll repay” doesn’t cure unauthorized use.
4) How Does the Felony Trigger Work?If the aggregate value obtained with the unauthorized card/number exceeds $500 in any six months, the charge can be a Class D felony.
5) Do Refunds or Chargebacks Reduce the Total?They can. We document returns/reversals to challenge the State’s valuation and degree.
6) Can the State Also Charge Larceny?Often yes, especially when totals are high; prosecutors may pair card-use counts with larceny by amount.
7) What if a Merchant Ran the Wrong Card on File?Processor or merchant error is a real issue. We subpoena logs and device fingerprints to test attribution.
8) Will I Go to Jail on a First Offense?Outcomes vary. With restitution, clean history, and strong mitigation, many first-timers avoid jail.
9) Can I Use the AR Program?Frequently, yes (fact- and judge-dependent). Early restitution and a mitigation plan improve the odds of dismissal and erasure.
10) Should I Talk to the Bank’s or Store’s Investigator?Not without counsel. Seemingly harmless admissions (“I used it once”) can satisfy key elements.
What to Do Right Now- Do not make statements about authorization or intent.
- Preserve receipts, texts/emails, app logs, and any proof of consent.
- Document refunds/chargebacks to contest valuation.
- Call counsel early so we can control communications and build your defense.
Being investigated or charged under C.G.S. § 53a-128d? I move fast to challenge authorization, valuation, and attribution, and to position you for AR or another non-conviction outcome whenever possible.
Call (203) 357-5555 or reach me through the Contact Page for a confidential strategy session. Attorney Allan F. Friedman has over 30 year of experience defending credit card crimes.
