Arrestable Offenses / Crimes under Fla. Stat. 817.61
S817.61 - FRAUD-ILLEG USE CREDIT CARDS - USE CRED CARD OBTAIN GOODS 2+ TIMES $100+ - F: T
S817.61 - FRAUD-ILLEG USE CREDIT CARDS - USE CRED CARD OBTAIN GOODS LT 2 TIMES LT $100 - M: F
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1999 WL 252738
...The Wolf court reasoned that petit theft (which is the broader offense, since it involves all forms of theft) was a necessarily lesser included offense of the more particularized offense of fraudulent use of a credit card, since "it is not possible to commit an offense under section 817.61 [the statute governing fraudulent use of a credit card] and not commit a theft...." Id....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1996 WL 501435
...ey, goods, services or anything else of value: (1) by representing, without the consent of the cardholder, that one is the holder of a specified card, or (2) by representing that one is the holder of a card and such card has not in fact been issued. § 817.61, Fla....
...r to use the property of another," and a fraud completed through element (2)(b) will always satisfy the "obtaining or using the property of another" requirement of theft's element (1)(a). In other words, it is not possible to commit an offense under section 817.61 and not commit a theft; therefore, petit theft is a necessarily lesser included offense of fraudulent use of a credit card....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 1475756
...rld ..." We agree, but we also conclude that the proof in this case was insufficient to establish Rodriguez committed any substantial or willful violations of the conditions of her probation. REVERSED. THOMPSON, C.J., and COBB, J., concur. NOTES [1] § 817.61 (Fla.Stat.1997)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Appellant's primary contention is that his sentence should have been limited to that which is prescribed for a first degree misdemeanor, since this would have been the maximum he could have received if he had been convicted under the applicable provision of the State Credit Card Crime Act, to wit: § 817.61, F.S.A....
...superseded by the penalty provisions of the later act. In Strada v. State, Fla. App.4th, 1972,
267 So.2d 702, that court went a step further and held that where the conduct of a defendant convicted under §
831.01, F.S.A., constituted a violation of §
817.61, F.S.A., the defendant was entitled to be sentenced under the more lenient penal provisions of the latter statute....
...There is nothing in the general forgery statutes to suggest that their penalty provisions have been repealed by the State Credit Card Crime Act. Had the state perceived that this argument would be made, a conviction might have been obtained under the third degree felony provisions of § 817.61, F.S.A., because the evidence actually reflected a series of alleged credit card forgeries within a six months' period totalling in excess of $100.00....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 486253
...fraudulent use of a credit card, is in contravention of section
775.021(4)(b)(2), Florida Statutes (1993), we must reverse. According to the trial court's order denying relief, Ross's convictions for fraudulent use of a credit card, in violation of section
817.61, Florida Statutes (1991), and grand theft, in violation of section
812.014(2)(c)(1), Florida Statutes (1991), arose out a single transaction. Because section
817.61 contains a monetary element, this case is controlled by State v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11712, 2010 WL 3155021
...rted the conviction, thus distinguishing Medlock ). For the same reason, the trial court here also erred. Reversed and remanded for a new trial. See Quick v. State,
450 So.2d 880, 881 (Fla. 4th DCA 1984). SILBERMAN and LaROSE, JJ., Concur. NOTES [1] §
817.61, Fla....
...he card is used in person for a purchase. Armstrong also contends in this appeal that he could not be convicted of fraudulent use of a credit card because use of Lewis' PIN is not tantamount to representing himself as the cardholder, an element that section 817.61 requires under a plain reading of the statute....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13529
...Appellee.
SALARIO, Judge.
Kenny Snell appeals his convictions and sentences for three counts of
fraudulent use of personal identification information, see §
817.568, Fla. Stat. (2013),
one count of fraudulent use of a credit card, see §
817.61, two counts of theft from a
person sixty-five years of age or older, see §
812.0145, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2003 WL 22056287
...2d DCA 2000), the defendant was sentenced to fraudulent use of a credit card and grand theft. In Ross , the Second District ruled: According to the trial court’s order denying relief, Ross’s convictions for fraud *808 ulent use of a credit card, in violation of section
817.61, Florida Statutes (1991), and grand theft, in violation of section
812.014(2)(c)(l), Florida Statutes (1991), arose out a single transaction. Because section
817.61 contains a monetary element, this case is controlled by State v....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6195
...ds used in conjunction with the credit card. It seems to be the contention of the defendant that the conduct with which he was charged, although a violation of the statute on which the information was founded, Section
831.01, was also a violation of Section
817.61, F.S.1969, F.S.A., which is a part of the State Credit Card Crime Act of 1967....
...specifically Section
817.68 thereof. The same rationale may apply to the situation now before the court. If the conduct of the defendant in the present case which violated Section
831.01, F.S. 1969, F.S.A., (the earlier law) was also a violation of Section
817.61, F.S.1969, F.S.A., or any other provision of the State Credit Card Crime Act, the defendant would be entitled to be sentenced under the penal provisions of the latter, if such provisions are inconsistent with the penal provisions appertaining to the offense defined by the earlier law....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14930
...The appellant William R. Pastoria was charged on three Counts by an Amended Information in the Circuit Court for Palm Beach County with Forgery of Credit Card in violation of Section
831.01, F.S.1969, F. S.A., along with Fraudulent Use of Credit Card in violation of Section
817.61, F.S....
...Section
817.68 thereof. 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. which are Counts II and III of the same Amended Information. It is the Court’s view and the Court so holds that where the defendant is charged with a violation of Section
831.01, F.S. 1969, F.S.A. and also a violation of Section
817.61, F.S.1969, F.S.A., or any other provision of the State Credit Card Crime Act, arising out of the same conduct the defendant would be entitled to be sentenced under the penal provisions of the State Credit Card Crime Act, in this case being Section
817.61, F.S.1969, F.S.A.; Strada v....
CopyPublished | Florida 4th District Court of Appeal
..., and Joseph D.
Coronato, Jr., Assistant Attorney General, West Palm Beach, for appellee.
WARNER, J.
Appellant was convicted of multiple charges including trespass of a
structure, petit theft, and fraudulent use of a credit card in violation of
section 817.61, Florida Statutes (2016)....
...of acquittal, contending that the state had not proved he had represented
himself as the victim when he used the card. The trial court denied the
motion, and appellant was found guilty and convicted of the various
charges, including fraudulent use of the credit card. He appeals.
Section 817.61, Florida Statutes (2016), makes it a crime to
fraudulently use a credit card....
...817.67(2) (emphasis added).
As he argued in the trial court, appellant maintains the state failed to
prove that he had represented that he was the owner of the credit card he
used, and thus the state had failed to prove the essential elements of a
violation of section 817.61....
...period or obtained money, goods, services or anything else of
a value of greater than One Hundred Dollars ($100.00) by
representing, without the consent of the cardholder, that
he is the holder of the card so used, contrary to Section
817.61, Florida Statutes ....
...es, or
anything else of value or did obtain money, goods, property,
services, or anything else of value by representing that he
was the holder of a card without the authority of [the
victim] . . . contrary to Florida Statutes
817.61 and
817.67(1).
(emphasis added)....
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4621
conspiracy, be punished as provided in subsection (4). §
817.61, Fla.Stat. (1977), states in pertinent part: A
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 1869, 1992 WL 36977
...issue raised by appellant at the sentencing hearing, that appellant was tried on separate counts of fraudulent use of a credit card which constitute misdemeanors, was not specifically discussed. At the sentencing hearing, the state asserted that the section 817.61 counts were felonies because appellant used the credit card more than two times in a six month period....
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 2516, 1997 WL 120568
...However, the trial court erred by ordering restitution for damages unrelated to the crime for which MeMonagle was being convicted and sentenced. On October 2, 1992, MeMonagle was charged with unlawful use of a credit card to obtain goods, in violation of section 817.61, Florida Statutes (1991)....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13761
purchases of $25.99, 23.87, 37.96 and 32.23. Section
817.61, Florida Statutes (1981) outlaws the fraudulent
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 21386
purchases of $25.99, 23.87, 37.96 and 32.23. Section
817.61, Florida Statutes (1981) outlaws the fraudulent
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7337
terms of the State Credit Card Act, specifically, §
817.61”. On July 29, 1971, the trial Court entered order
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 217, 1987 Fla. LEXIS 1832
...to obtain money, goods, services or other things of value. The unpaid balance was approximately $859.32 on the Master Card and $908.00 on the Visa card when matters were discovered and the cards revoked. This fraudulent use of credit cards violated section 817.61 of the Florida Statutes and constituted a third degree felony since the amount of money, goods, or services exceeded $100 within a six month period....
...Bryan was charged in a four count information in the Circuit Court for the Seventh Judicial Circuit in and for Putnam County with two counts of using a false statement to procure a credit card in violation of section
817.59, Florida Statutes, and two counts of of fraudulent use of a credit card in violation of section
817.61, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 14943
...State, Fla.App.(1st),
317 So.2d 852 (1975), that there is no offense nor crime under Florida law of attempt to utter a forged instrument. Appellant next contends that the court erred in sentencing him under the forgery and uttering statutes rather than under §
817.61, Florida Statutes (the state credit card crime act) which under the facts of this case would carry a lesser penalty....
