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 South Dakota, credit card fraud is addressed under South Dakota Codified Laws (SDCL). The state defines and penalizes various forms of credit card fraud, which include but are not limited to unauthorized use of a credit or debit card, possession of a stolen or fraudulent card, and the sale or purchase of such cards. Specifically, SDCL 22-40-19 outlines the crime of using a stolen or fraudulent credit card to obtain goods or services, while SDCL 22-40-18.1 addresses the possession of a card with the intent to defraud. Additionally, SDCL 22-40-24 makes it illegal for a person to falsely make or emboss a credit card or debit card. Merchants are also held accountable under SDCL 22-40-22 for knowingly accepting a fraudulent card. Penalties for credit card fraud in South Dakota can range from misdemeanor to felony charges, depending on the severity of the offense and the value of the goods or services fraudulently obtained.