FRAUD POSS/USE CREDIT OR DEBIT CARD <5Texas Penal Code (PC) § 32.315(e)(1)
“FRAUD POSS/USE CREDIT OR DEBIT CARD <5” stands for Fraudulent Use or Possession of Credit or Debit Card Information (Under 5 Items), a state jail felony under Texas Penal Code (PC) § 32.315(e)(1). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “FRAUD POSS/USE CREDIT OR DEBIT CARD <5” mean?
“FRAUD POSS/USE CREDIT OR DEBIT CARD <5” stands for Fraudulent Use or Possession of Credit or Debit Card Information (Under 5 Items), a state jail felony under Texas PC § 32.315(e)(1).
Texas Penal Code § 32.315 defines fraudulent use or possession of credit card or debit card information. A person commits the offense by obtaining, possessing, transferring, or using, with intent to harm or defraud another, a counterfeit credit card or debit card, the number and expiration date of a credit or debit card without the account holder's effective consent, or data stored on a card's digital imprint without the account holder's effective consent. The offense is graded by the number of items obtained, possessed, transferred, or used; under subsection (e)(1), this state jail felony variant applies when the number of items is fewer than five. The State need not prove a completed purchase — possession of the card or card data with the required fraudulent intent is sufficient.
What usually happens to a FRAUD POSS/USE CREDIT OR DEBIT CARD <5 charge?
35% ended without a conviction, 15% in deferred adjudication and 51% in a conviction.
How 130 resolved FRAUD POSS/USE CREDIT OR DEBIT CARD <5 charges filed 2019–2023 ended, across 11 counties (Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a FRAUD POSS/USE CREDIT OR DEBIT CARD <5 case take to resolve?
Typically about 7 months: half of resolved cases closed within 220 days of filing.
Across 130 resolved FRAUD POSS/USE CREDIT OR DEBIT CARD <5 charges filed 2019–2023, the median time from filing to disposition was 220 days. The middle half took between 112 and 406 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real FRAUD POSS/USE CREDIT OR DEBIT CARD <5 cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Fraudulent Use or Possession of Credit or Debit Card Information (Under 5 Items) in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for FRAUD POSS/USE CREDIT OR DEBIT CARD <5 in Texas?
The median bail is $5,000, and 6% of defendants were released on a personal bond.
Across 3,326 Texas bail settings for this charge (23 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $2,500 – $10,000). 6% of defendants were released on a personal bond, and bail was denied in 257 cases. When this was the only charge at booking (395 records), the median was $5,000 and 18% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Bexar | 520 | $7,500 | $4,000 – $10,000 | 3% | 9% |
| Tarrant | 349 | $2,000 | $1,500 – $3,500 | 8% | 2% |
| Travis | 300 | $7,500 | $5,000 – $10,000 | 12% | 6% |
| Collin | 175 | $5,000 | $2,500 – $10,000 | 3% | 0% |
| Fort Bend | 137 | $5,500 | $3,000 – $20,000 | 9% | 15% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.