Credit card fraud (also known as credit card abuse) is a criminal offense in every state and includes a broad range of fraudulent uses of credit or debit cards. Laws vary from state to state, and some states have separate criminal offenses for related crimes, such as the manufacturing of counterfeit credit cards.

Credit card fraud generally includes (1) using a stolen or illegally obtained credit or debit card to obtain goods or services; (2) using a fictitious credit or debit card or account number to obtain goods or services; (3) stealing a credit or debit card or, with knowledge that it has been stolen, receiving a credit or debit card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder; (4) buying a credit or debit card from a person the buyer knows is not the issuer of the credit card (a bank); (5) selling a credit or debit card when the seller is not the authorized issuer of the card (a bank); (6) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—provides goods or services based on the presentation for payment of a credit or debit card the merchant knows is forged, expired, or revoked; or (7) when a merchant—with the intent to defraud the card issuer (bank) or the cardholder—fails to furnish goods or services it represents to the card issuer in writing that it has furnished.

The laws regarding criminal offenses related to credit card fraud are usually located in a state’s statutes—often in the penal or criminal code.

In Delaware, credit card fraud is considered a serious criminal offense and is covered under Title 11, Chapter 5 of the Delaware Code. The statutes define and penalize various forms of fraudulent activities involving credit and debit cards. These activities include, but are not limited to, using a stolen or unlawfully obtained card to purchase goods or services, using a fictitious card or card number, and possessing, receiving, buying, or selling a stolen or counterfeit credit or debit card. Merchants who knowingly accept a forged, expired, or revoked card, or who fail to provide goods or services they claim to have provided, can also be charged with credit card fraud. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the crime and the value of the fraudulent transactions. It is important for individuals accused of credit card fraud in Delaware to consult with an attorney who is knowledgeable in state fraud statutes and criminal defense.