California Penal Code § 484f PC – Forging Credit Card Information
California Penal Code § 484f PC makes it a crime to alter, forge, counterfeit, or unlawfully sign an Access Card (credit or debit card) or alter cardholder data with the specific intent to defraud another party.
Because section 484f PC is classified under California forgery law, prosecutors can charge it as either a misdemeanor or a felony depending on the financial value involved, the complexity of the operation, and the defendant's criminal background.
Statutory Text: PC 484f
(a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters a counterfeit access card is guilty of forgery.
(b) Every person who, other than the cardholder or a person authorized by the cardholder, with the intent to defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences a credit card or debit card transaction, is guilty of forgery.
Key Statutory Definitions
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Access Card: Any card, plate, code, account number, or other means of account access that can be used to initiate a transfer of funds or obtain money, goods, services, or anything else of value.
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Counterfeit Access Card: An access card created without authorization, modified from its original state, embossed with altered information, or encoded with fake cardholder data.
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Intent to Defraud: A specific mental state where an individual acts with the explicit purpose to deceive, trick, or cheat another person, business, or financial institution out of money, property, or legal rights.
What Must Be Proven to Convict
To secure a conviction, the prosecution must prove each of the following elements beyond a reasonable doubt:
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Actus Reus (Forbidden Act): The defendant designed, made, altered, embossed, or uttered a counterfeit access card, or signed someone else's name (or a fictitious name) to an access card or sales receipt without authorization.
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Lack of Authorization: The defendant lacked permission from the cardholder or financial issuer to alter the card, encode the data, or sign the sales instrument.
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Mens Rea (Specific Intent): The defendant acted with the specific intent to defraud another person, business, or financial institution.
Criminal Penalties for PC 484f
Penal Code § 484f PC is punished as forgery under California Penal Code § 473 PC. Depending on the value of goods or services obtained and whether the offense is charged as a misdemeanor or a felony, penalties vary:
|
Charge Type |
Incarceration / Fines |
Probation / Post-Release |
| Misdemeanor | Up to 1 year in county jail. Fine up to $1,000. | Summary (Informal) Probation |
| Felony | 16 months, 2 years, or 3 years in county jail. Fine up to $10,000. | Formal Felony Probation or Mandatory Supervision |
Legal Defense Strategies
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Lack of Intent to Defraud: Specific intent to defraud is a mandatory element of the offense. If a person mistakenly signed a sales slip using the wrong card, acted as part of a harmless prank, or lacked fraudulent intent, criminal forgery charges cannot stand.
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Consent or Authorization: A defendant who reasonably believed they had the express permission of the cardholder to sign the credit card receipt or use the card information has a complete legal defense.
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Unlawful Search and Seizure (4th Amendment): If law enforcement uncovered physical credit cards, skimming devices, or digital encoders through an illegal traffic stop, warrantless search, or defective search warrant, a defense attorney can file a Motion to Suppress Evidence under PC 1538.5 to dismiss the charges.
Examples of PC 484f Violations
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A retail employee uses a magnetic stripe encoder to re-write stolen credit card numbers onto gift cards with the goal of making unauthorized store purchases.
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A suspect finds a lost debit card and signs the real cardholder's name on a paper receipt at a restaurant to pay for a meal without consent.
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An individual manufactures blank plastic cards and embosses fake names and stolen credit card account numbers onto them to sell online.
Related California Laws
Understanding related offenses matters because prosecutors often stack these charges or offer them as reduced plea bargains, depending on the defendant's intent and actions.
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Penal Code § 484e PC – Credit Card Theft: Prohibits acquiring, selling, or transferring stolen credit or debit card information with the intent to defraud.
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Penal Code § 484g PC – Unlawful Use of Credit Card: Applies to using a revoked, forged, or stolen credit card to obtain money, goods, or services.
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Penal Code § 484h PC – Credit Card Fraud by Retailer: Penalizes merchants who knowingly accept counterfeit credit cards or furnish fake sales slips for reimbursement.
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Penal Code § 470 PC – General Forgery: Covers falsifying, altering, or counterfeiting financial contracts, checks, or legal documents to commit fraud.
Frequently Asked Questions (FAQs)
What is the difference between PC 484e, PC 484f, and PC 484g?
PC 484e covers stealing or acquiring credit card data, PC 484f covers forging or forging signatures on card instruments, and PC 484g covers actually using the fake or stolen card to complete a transaction.
Can signing a fake name on a credit card receipt result in a felony under PC 484f?
Yes, forging a signature on a credit card slip is punished as forgery under California law, which can be charged as a felony if the value involved exceeds $950 or if the defendant has qualifying prior convictions.
Is encoding stolen magnetic stripe data onto a blank card illegal under PC 484f?
Yes, altering or embossing electronic access card data onto plastic cards with intent to defraud directly violates subsection (a) of PC 484f.
Does Proposition 47 reduce all PC 484f charges to misdemeanors?
Not automatically; while Prop 47 reduced many theft charges under $950 to misdemeanors, grand forgery involving counterfeit card manufacturing or values exceeding $950 can still be charged as a felony.
Does a conviction for credit card forgery trigger immigration consequences?
Yes, credit card forgery under PC 484f is classified as a crime involving moral turpitude (CIMT) and fraud, which can make a non-citizen deportable or inadmissible.
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