Credit Card Transaction Laundering

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Credit Card Transaction Laundering”, as per § 32.35 of the Texas Penal Code, occurs when a person is an authorized vendor who, with intent to defraud the creditor or cardholder, presents to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent, or a person, without the creditor's authorization, the person employs, solicits, or otherwise causes an authorized vendor or the vendor's agent to present to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent.

It is presumed that a person is not the agent of an authorized vendor if a fee is paid or offered to be paid by the person to the authorized vendor in connection with the vendor's presentment to a creditor of a credit card transaction record.

An offense under this section is a:

  • Class C misdemeanor if the amount of the record of a sale is less than $100;
  • Class B misdemeanor if the amount of the record of a sale is $100 or more but less than $750;
  • Class A misdemeanor if the amount of the record of a sale is $750 or more but less than $2,500;
  • state jail felony if the amount of the record of a sale is $2,500 or more but less than $30,000;
  • felony of the third degree if the amount of the record of a sale is $30,000 or more but less than $150,000;
  • felony of the second degree if the amount of the record of a sale is $150,000 or more but less than $300,000; or
  • felony of the first degree if the amount of the record of a sale is $300,000 or more.

Punishment Range

Misdemeanor C

  • Fine not to exceed $500

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or
  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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