Credit Card Forgery or Theft (Identity Theft)
Forgery or theft of a credit card, and therefore someone’s identity, is a criminal offence found under s.342 of the Criminal Code. This section of the code states that you may be found guilty of a criminal offence if you steal a credit card, forge or falsify a credit card, possess a card that you have knowledge about being forged or falsified, or by using a credit card that has been revoked or cancelled.
The maximum penalty for credit card theft or forgery is ten years’ imprisonment.
What You Should Know
In order to be found guilty of credit card theft or forgery, the prosecutor must first prove that the credit card did not belong to the person and that s/he intended to use the card with unlawful intentions. This can be defended by proving the person had permission from the owner of the card before having it in their possession.
Applicable Legislation s.342 (1)
Every person who
(a) steals a credit card,
(b) forges or falsifies a credit card,
(c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered is guilty of
(e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction. In this part, “credit card” means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used
(a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or
(b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device;
In this [Criminal Code], “steal” means to commit theft;
(1) Everyone commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform;
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
(2) a person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become moveable.
(3) a taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
(4) for the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
(5) for the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.
The Next Steps
Credit card offences and other crimes of dishonesty are not an offence anyone wants to have on their permanent record. Lakin Afolabi is a criminal defence lawyer serving London and area helping defend crimes of dishonesty among others. If you or someone you know are facing offences of this nature, call someone with the knowledge and experience to help provide you with the best defence possible.
Contact Lakin Afolabi now for a consultation
Call anytime, day or night, 519-495-0870