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Virginia criminal charge

Credit card factoring in Virginia

Current through 2026 Virginia legislative session

Credit card factoring is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-195.1. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-195.1.

What is the penalty for credit card factoring in Virginia?

Penalties for Credit card factoring
PenaltyRangeBasisAuthority
Jail / prison1 years to 10 years (Authorized person presenting false sales record with intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Authorized person presenting false sales record with intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prisonup to 12 months (Authorized person presenting false sales record without intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Authorized person presenting false sales record without intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11
Jail / prison1 years to 10 years (Causing authorized person to remit false sales record with intent to defraud — A person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Causing authorized person to remit false sales record with intent to defraud — A person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prisonup to 12 months (Causing authorized person to remit false sales record without intent to defraud — A person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Causing authorized person to remit false sales record without intent to defraud — A person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

How is credit card factoring classified in Virginia?

The classification depends on the circumstances:

Classification variants for Credit card factoring
VariantClassificationWhen it appliesStatute
Authorized person presenting false sales record with intent to defraudClass 5 FelonyAn authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder.Va. Code Ann. § 18.2-195.1A
Authorized person presenting false sales record without intent to defraudClass 1 MisdemeanorAn authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud.Va. Code Ann. § 18.2-195.1A
Causing authorized person to remit false sales record with intent to defraudClass 5 FelonyA person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person.Va. Code Ann. § 18.2-195.1B
Causing authorized person to remit false sales record without intent to defraudClass 1 MisdemeanorA person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud.Va. Code Ann. § 18.2-195.1B

Common questions about credit card factoring in Virginia

Is credit card factoring a felony or a misdemeanor in Virginia?

It depends on the circumstances: credit card factoring ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-195.1.

Authorized person presenting false sales record with intent to defraud: class 5 felony (Va. Code Ann. § 18.2-195.1A) · Authorized person presenting false sales record without intent to defraud: class 1 misdemeanor (Va. Code Ann. § 18.2-195.1A) · Causing authorized person to remit false sales record with intent to defraud: class 5 felony (Va. Code Ann. § 18.2-195.1B) · Causing authorized person to remit false sales record without intent to defraud: class 1 misdemeanor (Va. Code Ann. § 18.2-195.1B)

What are the penalties for credit card factoring in Virginia?

Penalties for credit card factoring in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.

Which Virginia statute covers credit card factoring?

Credit card factoring is governed by Va. Code Ann. § 18.2-195.1 (Credit card factoring).

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.