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I searched the forums, but couldn't find anything directly on point, so here I am.

CCP Art. 13 does not prescribe venue for credit/debit card abuse, so I assume it falls under 13.18 - venue is where the crime was committed. I bring this up because, while our victims live in Ellis County, the defendants often live in Dallas, our neighbor to the north. And it is from their home that they usually commit their crime via telephone or internet. In these situations I will often charge Unlawful Use or Possession of Identifying Information, because venue can be where the victim resides. And, arguably, a credit/debit card number is a financial institution account number under P.C. 32.51. Does anyone have other thoughts on this? Am I missing something?

Thanks.
 
Posts: 200 | Registered: January 31, 2001Reply With QuoteReport This Post
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I also use the same identity theft statute for venue purposes when a local resident is the victim. As you indicated, a credit card account number is covered by that statute.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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