You’re at the checkout counter, ready to pay for your groceries, when you realize the credit card you’ve handed over is expired. A wave of panic washes over you as you wonder if you’ve just committed a crime.
But take a deep breath—accidentally using an expired card is usually not a criminal offense in Kentucky. However, there are circumstances where it can land you in trouble with the law.
When using an expired card becomes a crime
Under state law, knowingly using an expired credit or debit card with the intent to defraud is considered a crime. The law also presumes that cardholders have received notification that their cards have expired four days after the credit card company sends them an expiration notice to the address registered to their account.
So, if you knowingly use an expired card to obtain goods or services, you could face criminal charges for fraudulent use of a credit or debit card.
The penalties for fraudulent card use
The penalties for fraudulent use of an expired credit or debit card in Kentucky depend on the value of the goods or services obtained. The penalties are:
- Value of items or services fraudulently obtained is less than $500: The offense is a Class B misdemeanor punishable by up to 90 days in jail and $500 in fines.
- Value of items or services fraudulently obtained in six months is $500 or more, but less than $1,000: The offense is a Class A misdemeanor punishable by up to a year in jail and $500 in fines.
- Value of items or services fraudulently obtained in six months is $1,000 or more, but less than $10,000: The offense is a Class D felony punishable by up to five years of imprisonment.
- Value of items or services fraudulently obtained in six months is $10,000 or more: The offense is a Class C felony punishable by up to 10 years of imprisonment.
If the person accused has three or more prior convictions for the same offense within the last five years, their latest offense becomes a Class D felony regardless of the value of the stolen items or services.
While accidentally using an expired credit or debit card is usually not a criminal offense, attempting to use one with full knowledge that it’s no longer valid can violate state laws. Staying on top of your card expiration dates is a good practice. However, if you are facing charges for an honest mistake, don’t attempt to handle your court hearing unprepared. A legal professional may be able to fight for your side of the story, represent you in court and keep you updated on your case.