If you’ve been arrested or charged with a credit card-related offence, you’re probably feeling overwhelmed and uncertain about what’s ahead. These are serious criminal charges under Canadian law, with the potential for prison, fines, and a lifelong criminal record.
Whether the allegations involve using someone else’s credit card, handling counterfeit cards, or illegally accessing cardholder data, it’s crucial to understand what you’re facing — and how to protect yourself.
Facing credit card fraud charges? Call (855) 585-1777 to speak with a defence lawyer now.
Credit Card Theft, Fraud, and Forgery: Criminal Code Definition
Under Section 342 of the Criminal Code, every person who
(a) steals a credit card,
(b) forges or falsifies a credit card,
(c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
(i) by the commission in Canada of an offence, or
(ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
(d) uses a credit card knowing that it has been revoked or cancelled,
is guilty of
(e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction.
According to Section 342 (3) of the Criminal Code, every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
What the Crown Needs to Prove
To secure a conviction for credit card theft, fraud, and forgery, prosecutors must establish certain legal elements, including:
- The accused’s identity
- The date, time, and location of the alleged offence
- That the accused’s actions fit the definitions in the Criminal Code
For Section 342(1), the prosecution must show the accused either:
- Stole a credit card;
- Forged or tampered with a card;
- Possessed, used, or trafficked a card they knew was linked to a criminal offence; or
- Used a card they knew was cancelled.
Accused of credit card theft or trafficking? Call (855) 585-1777 for immediate help from a defence lawyer.
For Section 342(3), the Crown must prove the accused fraudulently possessed or used credit card data (including PINs or login details) that enabled them or someone else to access funds or services.
Even if you initially obtained the card without any criminal intent, using it dishonestly later can still qualify as theft.
Possible Penalties for Credit Card Theft, Fraud, and Forgery
The penalties depend on whether the Crown proceeds by summary conviction or indictment:
| Offence Type | Summary Conviction | Indictable Charge |
| Theft, forgery, or fraudulent use of a credit card (s. 342(1)) | Up to 2 years less a day in jail, and/or a $5,000 fine | Up to 10 years in prison |
| Unauthorized possession or use of credit card data (s. 342(3)) | Same as above | Same as above |
There are no mandatory minimum sentences, which means the court can impose a wide range of penalties, including:
- An absolute or conditional discharge
- A suspended sentence and probation
- A fine
- Jail time (with or without probation)
- A conditional sentence (such as house arrest, if eligible)
Arrested for unauthorized use of credit card data? Call (855) 585-1777 for a confidential legal consultation.
Defences Against Credit Card Theft, Fraud, and Forgery Charges
Every situation is unique, but common defence strategies include:
- Lack of knowledge or intent: You did not know the card or data was stolen, forged, or fraudulent.
- No fraudulent purpose: For Section 342(3), the Crown must prove you acted dishonestly and without any lawful right.
- No evidence of trafficking: Simply possessing a card or data is not the same as trafficking or distributing it.
- Charter violations: If your Charter rights were breached during the investigation (for example, through an illegal search), the court may exclude evidence against you.
Facing a charge under Section 342 for theft, use, or forgery of a credit card can put your future at serious risk — from possible jail time and a criminal record to lost job opportunities and a damaged reputation. A knowledgeable criminal defence lawyer can step in to assess your case, challenge the Crown’s evidence, explore potential defences, and work to reduce or dismiss the charges where possible. If you or a loved one has been charged, having the right legal advocate by your side is essential to protect your rights and secure the best possible outcome.
Don’t Face Your Credit Card Theft, Fraud, and Forgery Charge Alone
An experienced criminal defence lawyer is vital when dealing with a credit card theft, fraud, and forgery charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing credit card theft, fraud, and forgery charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.