Has anyone had a credit card "skimming" case? If so, what was it prosecuted as, credit card abuse, identity theft, or something else. My date of offense is August 2004, so new laws will not apply. My guy was caught with blank credit cards and alot of account info on his computer after a girl was caught running cards thru a skimmer at a restaurant. He would then upload the info and create new cards and use them. I can not prove the use, but only the act of stealing the info. What do you think? It didn't really seem to fit either section.

Thanks for any ideas.
LFuhr
Asst. DA
Galveston County, tX

What about Credit or Debit Card Abuse PC 32.31(b)(4)? Your post states, “a girl was caught running cards thru a skimmer”; this coupled with “blank credit cards and alot of account info on his computer” would arguably be enough to prove up the “intent to use it.”

Also, what (if any) statement(s) did the girl in the restaurant make?

BTW, I’m not an attorney, just a layman with way too much time on his hands.

The last one of these that I handled was as an aggregated theft case because I had some incredible amounts.