Is it illegal to swipe your lover's credit card?
Whether swiping someone else's credit card constitutes a crime depends on whether it meets the constitutive requirements of credit card fraud. Details are as follows: 1. The subject of crime is a general subject and can only be composed of natural persons. 2. Subjectively, the actor is intentional and has the purpose of illegal possession. 3. The object is a complex object, that is, the management order of credit cards and the ownership of public and private property. 4. Objectively, the credit card is used in the name of the cardholder without the consent or authorization of the cardholder, and fraudulent behaviors such as shopping, consumption and cash withdrawal are carried out in the credit card business. Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.