Pocatello, ID asked in Criminal Law for Idaho

Q: What do u do if the person gave u their card and pin number and gave permission and is now charging u

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: This is a question for the jury - what "permission" was reasonable to believe this generous person gave you. If the "giver" is believed, then the jury will probably convict you of theft. If you are believed, and the jury believes that the giver actually gave you permission to continue to charge on the giver's credit card or debit card, endlessly, then you should be acquitted. However, initially, a prosecutor will be assigned to see if the facts pass their "smell test." If so, then you will be charged with "theft." Idaho defines a "theft" as any kind of taking of property of another, with the intent to permanently deprive the owner thereof." This can be done by borrowing the owner's laptop and using it to mine bit coins, hour after hour until the laptop's power supply or HD is shot. The State would call this a "theft," even if the borrower gave the laptop back, because the borrower had "used up" the property's value. Idaho also defines a "Petit Theft" as any theft less than $1,000 value, and by definition a Felony or Grand Theft is theft of property with a value in excess of $1,000.00. With credit cards, Idaho has a rather unique, new way of proving a Grand Theft:

8. When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, "the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000)" so, conceivably, if you used the credit card for a "series" of charges, and it adds up to more than $1,000.00, you can be charged with "Grand Theft."

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