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 South Dakota, credit card fraud is addressed under various statutes that criminalize the unauthorized use of another person's credit card or credit account information. South Dakota Codified Laws (SDCL) 22-40-1 defines credit card fraud and makes it illegal to use, or attempt to use, a credit card with the intent to defraud, which includes making unauthorized transactions. This applies to both physical card theft and card-not-present fraud, where only the card information is used. Additionally, identity theft is covered under SDCL 22-40-8, which makes it unlawful to use or possess with intent to use another person's personal identifying information, such as their name, Social Security number, or credit card numbers, without authorization, for the purpose of committing a crime or to deceive or harm others. Penalties for credit card fraud and identity theft in South Dakota can include fines, restitution, and imprisonment, depending on the severity of the offense and the amount of money involved.