Debit Card Used Without Consent
My question involves criminal law for the state of: Tenn
I share my computer with my roommate. One day I went to my grandmother's house and left my roomate with the computer and my mom at the house. She had ordered a pzza and about 15 minutes later my roommate did too. When I returned, I found my computer open and it had shown where a pizza had been ordered online and my mother's debit card info was attached to it along with my name. I then went to another tab on my computer where it showed somethin i thought to be my ebay account. I went to check my messages and seen they were all different. I looked in the corner and seen an e mail with my last name and then the name for the account was under my mom's name but was misspelled. I seen a purchase for 68.99 for coins. Another tab then showed were my roommate had tried to wire himself 80 dollars from the debit card to western union. I told my mom and she cancelled the transactions in less then ten minutes.
My question is what laws have been broken in specific, and how much trouble would the police have investigating this, and what are the likely penalties he could get. He doesn't have a long criminal background just tickets and such.
Re: Debit Card Used Without Consent
First: I don't know what charge. But...I would be changing all my passwords.
Re: Debit Card Used Without Consent
Here's one possibility:
Quote:
Quoting Tennessee Code, Sec. 39-14-118. Illegal possession or fraudulent use of credit or debit card.
(a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.
(b) A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:
(1) The card is forged or stolen;
(2) The card has been revoked or cancelled;
(3) The card has expired and the person uses the card with fraudulent intent; or
(4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
(c)
(1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105, depending on the amount of property, credit, goods or services obtained.
(2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor.
Re: Debit Card Used Without Consent
Mr. Know It All that statute pretty much sums everything up. I am trying to get an idea of what the sentence carries, im trying to see if i can get him on more charges like identity theft, and i also was wondering if each act in that 30 minute time span of misuses is a separate charge or not? Do more charges turn it into a felony and what evidence do i need to show police other then us saying he had no consent?
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anybody have any clue?