What legal penalties can someone face for buying or using another person's credit card information?
Executive summary
Federal law can carry prison terms from about 10 up to 20 years (and in some statutes penalties cited as up to 10–15 years) plus large fines and forfeiture for using or trafficking in another person’s credit card data when the conduct affects interstate commerce [1] [2] [3]. State penalties vary widely: some states treat small-value cases as misdemeanors but escalate to felonies with multi‑year prison exposure once losses exceed thresholds like $1,000 or more (Virginia example), or permit up to 10 years or more depending on the state [4] [5] [6].
1. Federal exposure: heavy criminal sentences and big fines
Using someone else’s card information in transactions that “affect interstate or foreign commerce” triggers federal statutes that prosecutors commonly use. The U.S. Code provisions cited in legal summaries and consumer guides show federal penalties including imprisonment terms ranging from about 10 years for certain offenses up to 20 years for “device” fraud and, in related statutes, up to 30 years when charged along with mail, wire or financial institution fraud; fines and forfeiture also apply [1] [2] [6]. Law‑firm and defense summaries note first‑time federal offenses under 18 U.S.C. §1029 often carry up to 10 years, with other subsections or aggravating factors reaching 15 years and fines up to $250,000 [3] [7] [8].
2. State prosecutions: thresholds and a patchwork of punishments
Most credit‑card misuse is prosecuted under state law unless the interstate element or other factors elevate it to federal court. States use varying triggers — dollar thresholds, number of devices, or method (possession, sale, use) — to grade the offense as a misdemeanor or felony. For example, Virginia treats credit card fraud under $1,000 in a six‑month period as a misdemeanor but a Class 6 felony once the value is $1,000 or more [4]. Illinois law can range from misdemeanors up to Class 3 felonies punishable by up to 10 years depending on the conduct and value involved [5]. Guides for Pennsylvania and California show similar variability: small cases can be misdemeanors with modest fines or county jail, while larger or aggravated schemes lead to state prison terms and hefty fines [9] [10].
3. What determines sentence severity: amount, method and aggravators
Reporting and legal commentary emphasize three recurring aggravating factors: the total value obtained, the method used (skimming, counterfeit cards, trafficking/selling data), and harms to financial institutions or victims. WalletHub and consumer resources note felony vs. misdemeanor distinctions usually hinge on the amount stolen and state law formulas [11]. NerdWallet and legal summaries highlight that use of “devices,” large‑scale data schemes, or prosecutions that include related federal fraud statutes can increase exposure to the high end of sentencing ranges [2] [6].
4. Collateral consequences beyond prison and fines
Criminal convictions for credit‑card fraud carry collateral consequences not always enumerated in criminal code snippets: restitution obligations, asset forfeiture, and long‑term damage to employment prospects and credit. Multiple legal writeups warn that even misdemeanors can bring fines, restitution, and reputational harm while federal convictions often add forfeiture of assets and enhanced supervision [6] [12]. Available sources do not mention specific employer policies or licensing consequences for every jurisdiction; that detail varies and is not covered in current reporting.
5. Competing perspectives and prosecution incentives
Sources present two perspectives: consumer‑facing sites emphasize protecting victims and the broad federal reach (online purchases crossing state lines) and thus justify tough penalties to deter fraud [2] [1]. Defense‑oriented law firms stress legal nuance — intent, authorization, and whether the defendant reasonably believed they had permission — and highlight opportunities for negotiated pleas or reduced charges in some cases [3] [6]. Those differences show a prosecutorial agenda to deter digital fraud and a defense agenda to limit exposure and emphasize factual defenses [3] [6].
6. Practical takeaway: assume serious legal risk
If you buy or use another person’s credit‑card information you risk prosecution under state and/or federal statutes with penalties that include multi‑year prison sentences, large fines and restitution, and asset forfeiture; the precise exposure depends on the statute charged, the value and method involved, and whether federal jurisdiction applies [1] [2] [6]. For jurisdiction‑specific outcomes, consult local statutes and counsel — the sources show outcomes vary by state thresholds and federal statutes invoked [4] [5] [7].
Limitations: this overview draws only on the provided legal summaries, public guides and state code excerpts; it does not substitute for jurisdiction‑specific statutory text or legal advice and does not list every applicable statute or sentencing guideline (available sources do not mention every local rule or sentencing guideline).