New Jersey criminal charge
Credit cards in New Jersey
Credit cards is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:21-6. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:21-6.
What is the penalty for credit cards in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (False statements to procure credit card issuance — A person knowingly makes a false written statement with intent it be relied on, for the purpose of procuring issuance of a credit card.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (False statements to procure credit card issuance — A person knowingly makes a false written statement with intent it be relied on, for the purpose of procuring issuance of a credit card.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Credit card theft — taking or receiving stolen card — A person takes or obtains a credit card without the cardholder's consent, or knowingly receives such a taken card, with intent to use, sell, or transfer it.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Credit card theft — taking or receiving stolen card — A person takes or obtains a credit card without the cardholder's consent, or knowingly receives such a taken card, with intent to use, sell, or transfer it.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Credit card theft — receiving lost or mislaid card — A person receives a card known to be lost, mislaid, or misdelivered and retains it with intent to use, sell, or transfer it.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Credit card theft — receiving lost or mislaid card — A person receives a card known to be lost, mislaid, or misdelivered and retains it with intent to use, sell, or transfer it.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Selling or buying a credit card from a non-issuer — A person other than the issuer sells a credit card, or a person buys a credit card from someone other than the issuer.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Selling or buying a credit card from a non-issuer — A person other than the issuer sells a credit card, or a person buys a credit card from someone other than the issuer.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Obtaining control over card as security for debt — A person, with intent to defraud, obtains control over a credit card as security for a debt.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Obtaining control over card as security for debt — A person, with intent to defraud, obtains control over a credit card as security for a debt.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Unauthorized signing of a credit card — A person other than the cardholder or an authorized person, with intent to defraud, signs a credit card, or possesses two or more such signed cards.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unauthorized signing of a credit card — A person other than the cardholder or an authorized person, with intent to defraud, signs a credit card, or possesses two or more such signed cards.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Fraudulent use of stolen/forged/revoked card by cardholder-type actor — A person, with intent to defraud, uses a credit card obtained/retained in violation of subsection c. or known to be forged, expired, or revoked, or falsely represents card holdership, to obtain money, goods, services or value.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Fraudulent use of stolen/forged/revoked card by cardholder-type actor — A person, with intent to defraud, uses a credit card obtained/retained in violation of subsection c. or known to be forged, expired, or revoked, or falsely represents card holdership, to obtain money, goods, services or value.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Merchant/agent furnishing goods on fraudulent card — An authorized merchant/agent, intending to defraud the issuer or cardholder, furnishes value upon presentation of a card obtained/retained illegally or known to be forged, expired, or revoked.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Merchant/agent furnishing goods on fraudulent card — An authorized merchant/agent, intending to defraud the issuer or cardholder, furnishes value upon presentation of a card obtained/retained illegally or known to be forged, expired, or revoked.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Merchant falsely certifying goods furnished — An authorized merchant represents in writing to the issuer that value was furnished when in fact it was not.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Merchant falsely certifying goods furnished — An authorized merchant represents in writing to the issuer that value was furnished when in fact it was not.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Possessing incomplete credit cards or reproduction machinery — A person other than the cardholder possesses two or more incomplete credit cards intending to complete them without issuer consent, or possesses machinery/plates to reproduce unauthorized credit cards.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Possessing incomplete credit cards or reproduction machinery — A person other than the cardholder possesses two or more incomplete credit cards intending to complete them without issuer consent, or possesses machinery/plates to reproduce unauthorized credit cards.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Receiving value obtained via subsection d violation — A person receives money, goods, services or value obtained in violation of subsection d, knowing or believing it was so obtained.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Receiving value obtained via subsection d violation — A person receives money, goods, services or value obtained in violation of subsection d, knowing or believing it was so obtained.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Fraudulent use of counterfeit or stolen credit card / card information — A person knowingly uses a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain value, or with unlawful/fraudulent intent furnishes, acquires, or uses any actual or fictitious credit card or account information.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Fraudulent use of counterfeit or stolen credit card / card information — A person knowingly uses a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain value, or with unlawful/fraudulent intent furnishes, acquires, or uses any actual or fictitious credit card or account information.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is credit cards classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False statements to procure credit card issuance | Crime of the Fourth Degree | A person knowingly makes a false written statement with intent it be relied on, for the purpose of procuring issuance of a credit card. | N.J.S.A. 2C:21-6undefined |
| Credit card theft — taking or receiving stolen card | Crime of the Fourth Degree | A person takes or obtains a credit card without the cardholder's consent, or knowingly receives such a taken card, with intent to use, sell, or transfer it. | N.J.S.A. 2C:21-6undefined |
| Credit card theft — receiving lost or mislaid card | Crime of the Fourth Degree | A person receives a card known to be lost, mislaid, or misdelivered and retains it with intent to use, sell, or transfer it. | N.J.S.A. 2C:21-6undefined |
| Selling or buying a credit card from a non-issuer | Crime of the Fourth Degree | A person other than the issuer sells a credit card, or a person buys a credit card from someone other than the issuer. | N.J.S.A. 2C:21-6undefined |
| Obtaining control over card as security for debt | Crime of the Fourth Degree | A person, with intent to defraud, obtains control over a credit card as security for a debt. | N.J.S.A. 2C:21-6undefined |
| Unauthorized signing of a credit card | Crime of the Fourth Degree | A person other than the cardholder or an authorized person, with intent to defraud, signs a credit card, or possesses two or more such signed cards. | N.J.S.A. 2C:21-6undefined |
| Fraudulent use of stolen/forged/revoked card by cardholder-type actor | Crime of the Third Degree | A person, with intent to defraud, uses a credit card obtained/retained in violation of subsection c. or known to be forged, expired, or revoked, or falsely represents card holdership, to obtain money, goods, services or value. | N.J.S.A. 2C:21-6undefined |
| Merchant/agent furnishing goods on fraudulent card | Crime of the Third Degree | An authorized merchant/agent, intending to defraud the issuer or cardholder, furnishes value upon presentation of a card obtained/retained illegally or known to be forged, expired, or revoked. | N.J.S.A. 2C:21-6undefined |
| Merchant falsely certifying goods furnished | Crime of the Fourth Degree | An authorized merchant represents in writing to the issuer that value was furnished when in fact it was not. | N.J.S.A. 2C:21-6undefined |
| Possessing incomplete credit cards or reproduction machinery | Crime of the Third Degree | A person other than the cardholder possesses two or more incomplete credit cards intending to complete them without issuer consent, or possesses machinery/plates to reproduce unauthorized credit cards. | N.J.S.A. 2C:21-6undefined |
| Receiving value obtained via subsection d violation | Crime of the Fourth Degree | A person receives money, goods, services or value obtained in violation of subsection d, knowing or believing it was so obtained. | N.J.S.A. 2C:21-6undefined |
| Fraudulent use of counterfeit or stolen credit card / card information | Crime of the Third Degree | A person knowingly uses a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain value, or with unlawful/fraudulent intent furnishes, acquires, or uses any actual or fictitious credit card or account information. | N.J.S.A. 2C:21-6undefined |
Common questions about credit cards in New Jersey
What degree of offense is credit cards in New Jersey?
It depends on the circumstances: credit cards ranges from a Crime of the Fourth Degree to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:21-6.
False statements to procure credit card issuance: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Credit card theft — taking or receiving stolen card: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Credit card theft — receiving lost or mislaid card: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Selling or buying a credit card from a non-issuer: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Obtaining control over card as security for debt: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Unauthorized signing of a credit card: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Fraudulent use of stolen/forged/revoked card by cardholder-type actor: Crime of the Third Degree (N.J.S.A. 2C:21-6) · Merchant/agent furnishing goods on fraudulent card: Crime of the Third Degree (N.J.S.A. 2C:21-6) · Merchant falsely certifying goods furnished: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Possessing incomplete credit cards or reproduction machinery: Crime of the Third Degree (N.J.S.A. 2C:21-6) · Receiving value obtained via subsection d violation: Crime of the Fourth Degree (N.J.S.A. 2C:21-6) · Fraudulent use of counterfeit or stolen credit card / card information: Crime of the Third Degree (N.J.S.A. 2C:21-6)
What are the penalties for credit cards in New Jersey?
Penalties for credit cards in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Third Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers credit cards?
Credit cards is governed by N.J.S.A. 2C:21-6 (Credit cards).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.