Fraudulent Use of Credit Cards
Using a card obtained or retained unlawfully or known to be forged, or falsely representing cardholder status, with intent to defraud.
Florida Statute
§ 817.61
Fraudulent use of credit cards
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
The number of unlawful uses in six months or the value obtained determines whether the offense is a misdemeanor or felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Two or Fewer Uses / Under $100
F.S. §§ 817.61; 817.67(1)
Two or fewer violations in six months, or value obtained under $100.
More Than Two Uses / $100 or More
F.S. §§ 817.61; 817.67(2)
More than two violations in six months, or value obtained of $100 or more.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant used a covered unlawfully obtained or forged credit card, or falsely represented cardholder status, to obtain money, goods, services, or another thing of value.
Plain language: The defendant used a card or false cardholder representation to get something of value.
- Element 2AND — Required
The State must prove all of the following
The defendant acted with intent to defraud.
Plain language: The defendant intended to deceive an issuer, provider, cardholder, or another person.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Classification
Two or fewer unlawful uses in six months and value under $100 is a first-degree misdemeanor. More than two uses or value of $100 or more is a third-degree felony.