Credit card fraud is when someone uses your credit card or credit account to make a purchase you didn't authorize. This activity can happen in different ways. For example, if you lose your credit card or have it stolen, it can be used to make purchases or other transactions, either in person or online. And fraudsters can also steal your credit card account number, PIN and security code to make unauthorized transactions, without needing your physical credit card—unlawful transactions like these are known as card-not-present fraud.
Identity theft involves the use of illegally obtained information about you, like your name, birthday, Social Security number, credit card numbers and more, in order to use existing credit accounts or open new ones in your name. When this happens, criminals capture the spending power of your credit while you get stuck with the bill.
In Indiana, credit card fraud is considered a serious criminal offense and is covered under various statutes. Indiana Code § 35-43-5-4 defines credit card fraud, which includes using a card or card number without consent to obtain money, goods, services, or anything else of value, as well as possessing a card or card number with intent to use it fraudulently. Penalties for credit card fraud in Indiana can range from a Class A misdemeanor for less severe cases to a Level 5 felony for more serious offenses, depending on factors such as the value of the fraudulent transaction and prior criminal history. Identity theft is separately addressed under Indiana Code § 35-43-5-3.5, which makes it a crime to knowingly or intentionally use another person's identity or identifying information without consent to harm or defraud another, or to assume the identity of another person to commit fraud. Identity theft can be charged as a Level 6 felony or higher, based on the circumstances and the amount of financial loss involved. Victims of credit card fraud or identity theft in Indiana are encouraged to report the crime to law enforcement and may also need to contact their financial institutions to protect their accounts.