Theft by Fraud
Fraud is not punished by itself. It is punished as a specific means of committing theft.
When is there theft by fraud?
Under 484 (b)(2) of the California Penal code, theft by fraud is presumed when a person signs a lease or rental contract but fails to return the thing rented or leased after the termination of the contract or when the owner demands the return of the thing rented or leased.
Under 484 (c) the use of a false or fictitious name or address to obtain a lease or rental of personal property and fails to return the thing leased or rented after the termination of the lease or when the owner demands the return of the thing rented or leased.
Under 484.1 a person who knowingly gives false information or provides false verification as to the true identity of a person who holds ownership interest in a property, or gives false information or false verification to a person’s authority to sell a property and receives money or other valuable consideration from a pawnbroker or secondhand dealer also commits theft by fraud.
Under 484b, a person who receives money to obtain or pay for services, labor, materials or equipment but applies and diverts the funds to another use.
Under 484c, submitting a false voucher to obtain construction loans is also a kind of fraud.
Credit card fraud
Credit card fraud is committed by:
- Selling or transferring a credit card without the cardholder’s or issuer’s consent.
- Using a credit card without the cardholder’s or issuer’s consent.
- Making, altering or counterfeiting a credit card
- Signing the name of another person or of a fictitious person on a sales slip, sales draft or instrument
- Using a counterfeited, forged or altered credit card to obtain money, goods, services or anything of value.
- The store or shop owner who furnishes money, goods or services to a person while knowing that the credit or debit card is counterfeit or the person presenting it has no authority to use the credit or debit card.
- Signing one’s name as the owner of a credit or debit card when he does not own the credit or debit card.
- Altering, varying, changing or modifying the credit card by including coded information in the magnetic stripe.
- Trafficking in, designing, makes or possessing credit or debit card making equipment.
- Avoiding the payment of a lawful charge on a credit card
Under 502 of the California Penal Code, fraud is also committed by:
- Tampering, interfering, damaging or accessing without authority any computer data or computer system, computer network
- Accessing without permission and uses data, computer, computer system or computer network to execute a scheme or artifice to defraud, deceive, extort or wrongfully control or obtain money, property or data.
- Accessing without permission to make copies of any data from a computer, computer system or computer network
- Knowingly uses without permission any computer services.
- Knowingly accessing and without permission adds, alters, damages, deletes or destroys data, computer software or computer program or network.
- Knowingly and without permission disrupts or causes the disruption of computer services to deny or cause the denial of computer services.
- Knowingly introducing computer contaminants or viruses into any computer, computer system or computer network
- Knowingly and without permission uses the internet domain name or profile of another and sending electronic mail messages or posts to cause damage to a computer, computer data, computer system or computer network.
- Knowingly accesses and without permission alters, damages, deletes, destroys any data, computer software or program on a public safety infrastructure
- Knowingly and without permission disrupts or causes disruption of a public safety infrastructure or computer network
Are you facing charges of credit card fraud? If you need legal advice or legal representation, you can call and speak with any of the lawyers from Ramiro J. Lluis Law Office. They can help you.