Credit Card Fraud (RSMo § 570.130) in Missouri

Missouri’s fraudulent use of a credit device statute doesn’t require proof of elaborate schemes or criminal intent to steal. The law makes it a crime to use a credit or debit card knowing it’s unauthorized, and the penalty increases to a felony when the value exceeds $750 in any 30-day period. That threshold gets reached quickly when multiple transactions are involved, turning what might seem like minor charges into serious felony cases.

What is Fraudulent Use of a Credit Device Under Missouri Law?

Missouri’s credit card fraud statute, RSMo § 570.130, makes it illegal to use credit or debit cards without proper authorization.

According to the statute:

“A person commits the offense of fraudulent use of a credit device or debit device if he or she uses a credit device or debit device for the purpose of obtaining services or property, knowing that:

(1) The device is stolen, fictitious or forged; or

(2) The device has been revoked or cancelled; or

(3) For any other reason his or her use of the device is unauthorized; or

(4) Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels such charges or payment without just cause.”

The statute’s scope extends beyond stolen cards to include any unauthorized use, making it broad enough to cover disputes between family members, business partners, or people in relationships where permission to use cards becomes contested.

Elements Prosecutors Must Prove

To secure a conviction for fraudulent use of a credit device in Missouri, prosecutors must prove beyond a reasonable doubt:

1. The person used a credit or debit card
2. For the purpose of obtaining property or services (or paying property taxes)
3. Knowing the use was unauthorized for one of the reasons listed in the statute

The knowledge requirement is critical. Someone who genuinely believed they had permission to use a card, or who didn’t know it had been canceled, may not meet this element.

Penalties for Credit Card Fraud in Missouri

Missouri classifies credit card fraud based on the value obtained:

Class A Misdemeanor

When the value of property, services, or property taxes obtained is less than $750, fraudulent use of a credit device is a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• A fine of up to $2,000
• Probation with conditions

Class E Felony

When the value obtained within any 30-day period is $750 or more, the offense becomes a Class E felony, punishable by:

• Up to 4 years in prison
• A fine of up to $10,000
• Mandatory restitution to victims

The 30-day aggregation period means prosecutors can combine multiple smaller transactions into a single felony charge when they occur within the same month.

The Personal Property Tax Chargeback Provision

Missouri’s statute includes specific language targeting personal property tax payment fraud. According to RSMo § 570.130(1)(4), it’s illegal to pay personal property taxes with a credit or debit card and then cancel the charges without just cause.

The statute creates a presumption of fraud:

“It shall be prima facie evidence of a violation of this section if a person cancels such charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri Department of Revenue.”

This means if someone pays their personal property taxes on their motor vehicle, receives the receipt needed for vehicle registration, and then disputes or cancels the credit card charge, prosecutors can use that sequence as evidence of fraudulent intent. This provision specifically targets people who use chargebacks to avoid paying property taxes after already obtaining the benefits.

Related Charges Often Filed With Credit Card Fraud

Credit card fraud cases frequently involve additional charges:

Stealing (RSMo § 570.030)

When credit card fraud involves taking property, prosecutors often charge both fraudulent use of a credit device and stealing by deceit. Stealing charges are classified by value and can range from misdemeanors to Class B felonies.

Identity Theft (RSMo § 570.223)

Cases involving use of credit cards in someone else’s name often include identity theft charges, particularly when the defendant obtained the card using another person’s identifying information.

Forgery (RSMo § 570.090)

If someone signs credit card receipts or authorization forms in another person’s name, forgery charges may be added as a Class D felony.

Tampering with Computer Data (RSMo § 569.095)

When credit card fraud involves accessing online accounts, modifying digital records, or manipulating electronic payment systems, tampering charges may apply.

Federal Credit Card Fraud

Credit card fraud can also violate federal law under 18 U.S.C. § 1029, particularly when transactions cross state lines or involve interstate commerce. Federal charges carry separate penalties and are prosecuted in U.S. District Court.

Defenses to Credit Card Fraud Charges

Several defenses may apply depending on the circumstances:

Lack of Knowledge

If the person didn’t know the card was unauthorized, stolen, canceled, or revoked, they cannot be convicted. Evidence showing reasonable belief in authorization is critical.

Authorization or Permission

Proof that the account holder gave permission to use the card defeats these charges. Text messages, emails, witnessed conversations, or patterns of prior authorized use can establish permission.

Ownership or Joint Account Holder

If the defendant is a joint account holder or authorized user on the account, charges may not be supported unless the card issuer or co-holder explicitly revoked access.

Mistake or Good Faith Use

Evidence showing honest mistakes about which card was used, confusion about account status, or good faith belief in continued authorization may negate the knowledge requirement.

Insufficient Evidence of Value

Near the $750 threshold separating misdemeanor from felony charges, challenging the prosecution’s valuation of services or property obtained may result in reduced charges.

Constitutional Violations

Evidence obtained through illegal searches, unlawful interrogations, or violations of constitutional rights may be suppressed, potentially weakening the prosecution’s case.

Collateral Consequences Beyond Criminal Penalties

Credit card fraud convictions carry lasting consequences:

• Permanent criminal record affecting employment in financial services, retail, and positions requiring trust
• Professional licensing issues for careers requiring background checks
• Immigration consequences for non-citizens, including deportation risk
• Civil restitution obligations to card issuers, merchants, and victims
• Credit damage making it difficult to obtain loans, housing, or financial services
• Enhanced penalties for future theft or fraud offenses

How Our St. Louis Credit Card Fraud Attorneys Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys have extensive experience defending clients facing credit card fraud and related charges throughout Missouri, including St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County, and surrounding jurisdictions.

When working with us, clients benefit from:

• Experienced criminal defense attorneys who understand both state and federal fraud prosecution
• A team approach with attorneys, support staff, and an investigator collaborating on every case
• Thorough investigation of authorization issues, electronic records, and witness credibility
• Clear communication through dedicated Client Care Specialists who provide regular updates
• Strategic defense planning that addresses both immediate charges and potential federal involvement

We’ve represented many individuals facing credit card fraud allegations, and we know these cases often involve authorization disputes, family conflicts, or business disagreements rather than criminal schemes.

Don’t Face Credit Card Fraud Charges Alone

Credit card fraud convictions create permanent records that can devastate careers, particularly in financial services and positions requiring bonding or security clearances. But being charged doesn’t mean being convicted.

At Rose Legal Services, we examine every aspect of credit card fraud allegations, from authorization evidence to the prosecution’s ability to prove knowledge and intent. We work to achieve outcomes that recognize the full context of each situation.

Contact us today for a confidential consultation.

Your defense starts with a conversation.