Arrestable Offenses / Crimes under Fla. Stat. 817.60
S817.60 6a - POSSESS COUNTERFEITED - CREDIT CARD INVOICE SALES DRAFT VOUCHER ETC - F: T
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...r statute. We note in passing that this case is distinguishable from the recent supreme court decision in Fayerweather v. State,
332 So.2d 21 (Fla. 1976). There it was held that conduct violative of both the State Credit Card Crime Act (specifically Section
817.60(1)(3), Florida Statutes [1973], dealing with receiving stolen credit cards) and the statute making it unlawful to receive stolen property (Section 811.16) may be punished under the latter statute, notwithstanding that the State Credit Card Crime Act sets a less severe punishment....
CopyCited 11 times | Published | Supreme Court of Florida
...shall not be construed to preclude the applicability of any other provision of the criminal law of this state ... unless such provision in inconsistent with [its] terms... ." The issue to be decided is whether conduct which violates both the State Credit Card Crime Act, Section 817.60(1), (3), Florida Statutes 1973, and the provision making it unlawful to receive stolen property, Section 811.16, Florida Statutes 1973, may be punished under the latter, even though the former, a newer law, sets a less severe punishment....
...Petitioner was convicted of receiving stolen property, a credit card, in violation of Section 811.16, Florida Statutes 1973, and sentenced to five years imprisonment. Petitioner contends his sentence may be no longer than one year, the maximum set by the State Credit Card Crime Act for violation of Section 817.60(1), (3), Florida Statutes 1975....
CopyCited 7 times | Published | Supreme Court of Florida | 1988 WL 20971
...argument but left the question open. That question has now been firmly and unequivocally answered in Batchelder. In Fayerweather v. State,
332 So.2d 21 (Fla. 1976), we considered "whether conduct which violates both the State Credit Card Crime Act, Section
817.60(1), (3), Florida Statutes 1973, and the provision making it unlawful to receive stolen property, Section 811.16, Florida Statutes 1973," could be punished under the latter, more severe punishment....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
...Arson — second, de- 806=01(2) 4242 greeNone Arson — second
806.01(2) 12.2 degree Attempt_777.04(1)5.1 Criminal mischief
806.13 12.4 Comment This instruction was adopted in 1981 and was amended in 1992 [
603 So.2d 1175 ] and 2013. 14.8 UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD §
817.60(8), Fla....
...If a person does not have exclusive possession of an object, knowledge of its presence may not be inferred or assumed. Lesser Included Offenses UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT] CARD — 817,60(8) CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. None Attempt
777.04(1) 5.1 Comments Pursuant to §
817.60(8), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1393381
...proscribed by statute." Hence, we concluded that the court did not have to orally impose that condition. W.J.,
688 So.2d at 957. In this case, after being placed on probation, D.P.B. was charged with credit card theft. This offense is a violation of §
817.60, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1761995
...The officer observed Gorday attempting to use a credit card to purchase gas. Gorday and her codefendant were arrested and charged in Circuit Court with armed robbery with a deadly weapon scissors. Additionally, they were charged in County Court with credit card theft, a first degree misdemeanor under section 817.60(1), Florida Statutes (2002), arising from the same incident....
...pardy bars subsequent punishment or prosecution." M.P.,
682 So.2d at 81. In this case, Gorday was charged both with armed robbery of the victim's purse, in violation of section
812.13(2)(a), and theft of the credit card found therein in violation of section
817.60(1)....
...SSESSION OF CARD TAKEN. A person who takes a credit card from the person, possession, custody, or control of another without the cardholder's consent ... is guilty of credit card theft and is subject to the penalties set forth in s.
817.67(1).... §
817.60(1), Fla....
...ny other firearm-related offenses. Section
790.22(7) ... provides that `[t]he provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of firearms.'"). That is, there is no language in section
817.60 to evidence an intent for credit card theft to be punished separately from other theft penalties provided by law when the credit card theft arises out of a single criminal episode....
...rse of the taking there is the use of force, violence, assault, or putting in fear." §
812.13(1), Fla. Stat. (2002). The statutory elements of credit card theft are essentially the taking of a credit card from a person without the person's consent. §
817.60(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2986441
...Bill McCollum, Attorney General, and Jerome Smiley, Jr., Assistant Attorney General, for appellee. Before RAMIREZ, WELLS, and ROTHENBERG, JJ. ROTHENBERG, J. N.S., a juvenile, appeals from an order withholding adjudication of delinquency and placing her on probation for credit card theft in violation of section 817.60(1), Florida Statutes (2006)....
...nt into evidence and in allowing the victim to testify about the information it contained. *1155 Although the introduction of the victim's bank statement was error, we find that it was harmless beyond a reasonable doubt. N.S. was charged pursuant to section 817.60(1) with taking or receiving the victim's credit card after it was taken without the victim's consent, with the intent to use, sell, or transfer the credit card to a person other than the issuer of the credit card or the credit card holder....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 17378
...Burden, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kristen L. Davenport,
Assistant Attorney General, Daytona
Beach, for Appellee.
EDWARDS, J.
Ruben Casais appeals from his conviction for uttering a forged credit card in
violation of section 817.60, Florida Statutes (2015)....
...was not whether
Appellant did something wrong or committed some other crime by using the altered gift
cards. The only question for the jury, and now for this court, is whether Appellant was
guilty of uttering a forged credit card in violation of section 817.60....
...was not whether
Appellant did something wrong or committed some other crime by using the altered gift
cards. The only question for the jury, and now for this court, is whether Appellant was
guilty of uttering a forged credit card in violation of section 817.60....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14930
...F. S.A., along with Fraudulent Use of Credit Card in violation of Section
817.61, F.S. 1969, F.S.A., which is a part of the State Credit Card Crime Act of 1967, and with Possession of Credit Card Lost, Mislaid or Delivered by Mistake in violation of Section
817.60(2), F.S.1969, F.S.A., which is also a part of the State Credit Card Crime Act of 1967....
...It appears from the record in the present case that the conduct of the defendant which violated Section
831.01, F.S.1969, F. S.A., which is Count I of the Amended Information is the same conduct which was also a violation of Section
817.61, F.S.1969, F.S.A. and Section
817.60(2), F.S.1969, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18935
retaining possession of a credit card, pursuant to Section
817.60(1), Florida Statutes (1981). Reversed and remanded
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 1869, 1992 WL 36977
...State,
594 So.2d 823 (Fla. 1st DCA 1992). Since the trial court’s intent is not clear, these sentences should be reversed and remanded for clarification. Next, although not raised by the appellant, the written sentence reflects that appellant was charged under section
817.60, Florida Statutes, with five counts of forgery of a credit card ticket....
...Although both parties assert that this matter was discussed before trial, the matter did not arise until the sentencing hearing. Appellant’s motion to strike amended informations only addressed the state’s elevation of the counts “of wrongful use of a credit card, misdemeanors under Fla.Stat. 817.60(7), to felonies under the general forgery statute.” Section 817.60(7) concerns signing the credit card of another....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 8741
...cribed by statute.”' Hence, we concluded that the court did not have to orally impose that condition. W.J.,
688 So.2d at 957 . In this case, after being placed on probation, D.P.B. was charged with credit card theft. This offense is a violation of §
817.60, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7454, 1992 WL 157486
...differing results when applied to the same factual situation.”
442 U.S. at 122 . Likewise, in Fayerweather v. State,
332 So.2d 21 (Fla.1976), the Florida Supreme Court considered whether conduct which violated both the State Credit Card Crime Act, section
817.60(1), (3), Florida Statutes (1973), and the provision making it unlawful to receive stolen property, section 811.-16, Florida Statutes (1973), could be punished under the latter, more severe punishment....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 6868
DOWNEY, Judge. Appellant was charged and convicted of violating § 817.60(5), F.S.1971, F.S.A., which prohibits dealing in credit cards of another....
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7337
brought down in the current compilations as F.S. §
817.60 (6), F.S.A., provides that— “A person who, with
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 22175
Fla.Stat. (receiving stolen property) and Section
817.60(2) Fla.Stat. (possession of a stolen credit
CopyPublished | Supreme Court of Florida
...officer’s employing agency, unless otherwise prohibited by the employing agency.
This instruction was adopted in 2014 [
148 So. 3d 1204] and amended in
2018.
14.8 UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT]
CARD
§
817.60(8), Fla....
...n object, knowledge of
its presence may not be inferred or assumed.
Lesser Included Offenses
- 11 -
UNLAWFUL POSSESSION OF A STOLEN [CREDIT] [DEBIT]
CARD—
817.60(8)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
None
Attempt
777.04 5.1
Comments
Pursuant to §
817.60(8), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 11834
ROTHENBERG, J. N.S., a juvenile, appeals from an order withholding adjudication of delinquency and placing her on probation for credit card theft in violation of section 817.60(1), Florida Statutes (2006)....
...into evidence and in allowing the victim to testify about the information it contained. *1155 Although the introduction of the victim’s bank statement was error, we find that it was harmless beyond a reasonable doubt. N.S. was charged pursuant to section 817.60(1) with taking or receiving the victim’s credit card after it was taken without the victim’s consent, with the intent to use, sell, or transfer the credit card to a person other than the issuer of the credit card or the credit card holder....
