Under Texas law, running up unauthorized charges on someone else's credit card is prosecuted as credit card abuse under Penal Code Section 32.31, a state jail felony that can escalate to higher-level theft and identity-fraud charges depending on the dollar amount and number of cards involved. That is the lens through which a Texas court would view the situation Grammy-winning rapper Cardi B described publicly this year, when she said four men allegedly used her stolen American Express card to spend roughly $60,000 in a single hour before the account was frozen.
Cardi B, whose legal name is Belcalis Marlenis Almanzar, told fans on an Instagram Live that her card went missing and that she began receiving fraud alerts about a purchase of roughly $40,000 at Saks Fifth Avenue and another $20,000 at an Apple Store. She said she obtained clear surveillance images of the suspects at the stores and at a bank where they allegedly tried to withdraw cash. While that case arises outside Texas and no charges have been publicly confirmed, it is a useful springboard for explaining how the same conduct would be charged, penalized, and defended in Frisco and across the Dallas-Fort Worth area.
What Would the Suspects Be Charged With in Texas?
In Texas, a person who uses another individual's credit or debit card without consent and with intent to obtain a benefit fraudulently commits credit card abuse under Penal Code Section 32.31. The statute reaches not only the person who swipes the card but also anyone who receives, buys, sells, or possesses a stolen card knowing it is stolen. Because the alleged scheme in the Cardi B matter involved a physical card taken and then used repeatedly across multiple merchants, a Texas prosecutor would likely stack several overlapping offenses rather than rely on a single count.
Credit card abuse under Section 32.31 is generally a state jail felony. On top of that, prosecutors could add theft under Penal Code Section 31.03, graded by the total value of goods and cash obtained. They could also charge fraudulent use or possession of identifying information under Penal Code Section 32.51 if the suspects used account numbers, names, or other identifying data belonging to the cardholder. When multiple charges arise from the same course of conduct, the value amounts and the number of items or victims drive how serious the case becomes.
What Penalty Does Credit Card Abuse Carry in Texas?
A state jail felony in Texas carries a punishment range of 180 days to 2 years in a state jail facility and a fine of up to $10,000. That is the baseline exposure for a straightforward Section 32.31 credit card abuse charge. The real risk in a case like the one Cardi B described, however, comes from the theft grading, because roughly $60,000 in unauthorized purchases would fall into the felony theft tiers.
Under Section 31.03, theft of property valued at $30,000 or more but less than $150,000 is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Fraudulent use or possession of identifying information under Section 32.51 climbs in severity with the number of items of identifying information involved, so a scheme touching several accounts or data points can be charged as a second-degree felony, exposing a defendant to 2 to 20 years. Prosecutors often pursue the theory that produces the highest available range, which is why an experienced defense lawyer scrutinizes exactly how the state calculated value and counted items.
What Are the Defenses to a Credit Card Abuse Charge?
The strongest defenses usually attack intent, identity, and the reliability of the evidence. Credit card abuse and theft are specific-intent crimes, meaning the state must prove the accused acted knowingly and with intent to defraud, not by mistake or with a good-faith belief they had authorization. Where surveillance footage is the centerpiece, defense counsel probes the quality of the images, the certainty of any identification, and whether the person shown is actually the accused.
Other common challenges include contesting how the card was obtained, whether the defendant knew it was stolen, and whether the state can connect a specific person to each transaction. Chain-of-custody problems, unreliable eyewitness identifications, and gaps in the digital or financial records can all create reasonable doubt. In many financial-crime cases, resolution also turns on restitution and pretrial negotiation, particularly for a first-time accused where the value can be documented and repaid.
What Happens Next in a Texas Case Like This?
A felony credit card abuse or theft case in Texas moves from arrest and magistration through a grand jury, which decides whether to return an indictment, and then into pretrial hearings before any trial. Along the way, defense counsel files discovery requests, reviews the state's surveillance and financial evidence, and may file motions to suppress evidence gathered improperly. Bond conditions, protective considerations, and the possibility of pretrial diversion for eligible defendants are all shaped early in the process, which is why prompt legal representation matters.
For anyone accused in Frisco, Collin County, or the wider DFW area, the defense team at L & L Law Group, PLLC emphasizes that the takeaway from a high-profile card-fraud story is simple: what looks like a single shopping spree can translate into multiple felony counts under Texas law, and the difference between a state jail felony and a second-degree felony can hinge on how the state counts value and identifying information.
Frequently Asked Questions
Is using someone else's credit card a felony in Texas?
Yes. Credit card abuse under Texas Penal Code Section 32.31 is generally a state jail felony even for a single unauthorized use, and related theft and identity-fraud charges can raise the exposure to a third-degree or second-degree felony depending on the value and the number of accounts involved.
Does the amount spent change the charge?
It can significantly. While credit card abuse itself is a state jail felony, an accompanying theft charge under Section 31.03 is graded by dollar value, so roughly $60,000 in unauthorized purchases would fall into the third-degree felony range of 2 to 10 years in prison.
What if I did not know the card was stolen?
Knowledge and intent are central. The state must prove you acted knowingly and with intent to defraud. A genuine lack of knowledge that a card was stolen, or a reasonable belief that you had permission to use it, can be a defense that your attorney develops through the facts and evidence.
How L & L Law Group Can Help
If you or a loved one has been accused of credit card abuse, theft, or fraudulent use of identifying information in Frisco or anywhere in the Dallas-Fort Worth area, L & L Law Group, PLLC provides experienced criminal defense guidance at every stage. Our attorneys review the state's evidence, challenge how value and intent are proven, and work to protect your rights and your future. Call us at (972) 370-5060 to discuss your situation in a confidential consultation.
By Reggie London and Njeri London.