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Texas Legislative Update: Credit Card Skimming

The Texas Legislature passed House Bill 215 to fight the onslaught of credit card skimming. This bill has now paved the wave to increase the prosecutions for those who used credit card/debit card skimming machines. Previously, the law provided that in order for one to be convicted of the offense of using these machines, the State had to prove an intent to harm or defraud another person. However, now the Texas Legislature has changed the mens rea requirement.

Instead, the act of obtaining this financial information though a skimming machine or telephoto lense (just a few examples) is now a Class B Misdemeanor. If the information is then transferred to a third party, then the offense will be a Class A misdemeanor. In these financial times, with the explosion of concerted effort to prosecute white collar crimes, there will be tougher penalties associated with these kinds of crimes. There will be a time, coming soon, when these offenses will become felonies.

If you have been charged with insurance fraud, mortgage fraud, or just fraud, contact a Plano criminal defense lawyer.