What is an 'access device' under § 4106?

It's broadly defined to include credit cards, debit cards, PINs, account numbers, and any other means of accessing an account to obtain money, goods, services, or anything of value — not just a physical card.

Can I be charged for just having a card that isn't mine, even if I never used it?

Yes. Section 4106 separately criminalizes possessing a device you know is counterfeit, stolen, or otherwise obtained without the cardholder's consent, regardless of whether it was ever used.

How is access device fraud graded?

Grading depends on the value obtained: $500 or more is a felony of the third degree, $50 to under $500 is a misdemeanor of the first degree, and under $50 is a misdemeanor of the second degree.

What if I had permission to use the card but went over what was authorized?

That's a real defense worth developing. Authorization is central to § 4106, and a shared account or a pattern of prior consented use can complicate the Commonwealth's theory that the use was unauthorized.

Why am I facing both access device fraud and identity theft charges?

The two statutes frequently overlap because obtaining or using an access device often involves misusing someone's identifying information in the process, so prosecutors commonly charge both § 4106 and § 4120 from the same conduct.

Can these charges be resolved without a conviction?

In some cases, yes, particularly first offenses involving a family account or modest amounts, where Accelerated Rehabilitative Disposition or another diversion program paired with restitution can avoid a conviction.

Can an access device fraud conviction be expunged later?

Misdemeanor convictions may become eligible for expungement or sealing under §§ 9122 and 9122.1 depending on the disposition and how much time has passed, which is worth revisiting even after the case is resolved.

How do prosecutors usually prove who used the card?

Typically through merchant surveillance footage, IP addresses or device data tied to online transactions, and bank records showing the pattern of use, all of which can be challenged on identification grounds.

Theft & Property Crimes · Access Device Fraud

Using someone else's card once, or just holding onto a card you know isn't yours, can be enough to charge access device fraud.

Access device fraud under § 4106 is broader than most people expect. It covers using a credit card, debit card, account number, or PIN without the cardholder's authorization, but it also covers possessing a card or account number you know is counterfeit, stolen, or belongs to someone else, even if you never made a purchase with it. That means a found or 'borrowed' card, a shared household account used past its authorization, or a number obtained through a data breach and simply retained can all become the basis for a charge. These cases are usually built on bank and merchant records, surveillance footage, and IP or device data tying a specific person to a transaction or to possession of the device or number. I handle access device fraud cases across Cumberland, Dauphin, York, and Adams counties, and because the grading and the related charges depend heavily on exactly what the Commonwealth can actually prove about value and knowledge, an early review of the underlying records matters.

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How Pennsylvania handles it

Access Device Fraud Under 18 Pa.C.S. § 4106 in Pennsylvania.

Section 4106 criminalizes several distinct acts involving an 'access device' — a card, plate, code, account number, or other means of account access — including using a device to obtain property or services with intent to defraud, and possessing a device known to be counterfeit, altered, stolen, or otherwise obtained without the cardholder's consent. Grading turns on the value obtained through the fraudulent use: the offense is a felony of the third degree where the value is $500 or more, a misdemeanor of the first degree where the value is between $50 and under $500, and a misdemeanor of the second degree where the value is under $50. Simple possession of a counterfeit or unlawfully obtained access device is separately chargeable even without a completed transaction, which means a person found holding a card or written-down account number that isn't theirs can face charges regardless of whether it was ever used. Because access device fraud so often overlaps with identity theft under § 4120, theft by deception under § 3922, and forgery under § 4101, sentencing under §§ 1103 and 1104 depends on how many counts and what grading the case is ultimately resolved at.

Statute: 18 Pa.C.S. § 4106[1][2]

Defenses & record relief

First-time access device fraud cases, especially those involving a family member's account or a modest dollar amount, are often resolved through Accelerated Rehabilitative Disposition or another diversion program tied to full restitution, with expungement under § 9122 available once the program is completed.

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Access Device Fraud Under 18 Pa.C.S. § 4106: orders, grading, and maximum exposure under 18 Pa.C.S. § 4106
Order, offense & grading	Maximum exposure
§ 4106 — value $500 or more Applies where the total value obtained through the unauthorized use of the access device reaches $500.	Felony of the third degree, up to 7 years under § 1103
§ 4106 — value $50 to under $500 Applies to unauthorized use falling in this mid-range dollar band.	Misdemeanor of the first degree, up to 5 years under § 1104
§ 4106 — value under $50 Applies to smaller unauthorized-use amounts, though repeat or aggregated conduct can raise the total.	Misdemeanor of the second degree, up to 2 years under § 1104
Possession of a counterfeit or unlawfully obtained device A person can be charged simply for knowingly possessing a stolen, altered, or counterfeit card or account number, even without a completed purchase.	Separately chargeable regardless of use
Overlap with identity theft (§ 4120) Where the access device itself was obtained by misusing someone's identifying information, both § 4106 and § 4120 charges commonly arise from the same conduct.	Additional count where the account was tied to a stolen identity
Multiple transactions or devices Repeated unauthorized charges on the same account, or possession of several stolen or counterfeit devices, can push the case into a higher grading or generate separate counts.	Aggregated value or multiple counts

Statutory maximums are ceilings, not expected outcomes. In property-crime cases the number in the affidavit — the alleged value, the alleged prior offenses, the alleged entry — usually decides the grade long before anyone talks about a sentence.

Jurisdiction & court process

Where a access device fraud matter is heard.

Magisterial district court — arraignment and preliminary hearing

Access device fraud charges in Cumberland, Dauphin, York, and Adams counties begin with a preliminary arraignment before a magisterial district judge, then a preliminary hearing where the Commonwealth must present a prima facie case, typically including bank or merchant records and evidence linking the specific device or transaction to the defendant.

Common Pleas practice in Dauphin, Cumberland, York, and Adams counties

Felony-graded cases move to the Court of Common Pleas in the filing county. Financial-crime cases in Dauphin, Cumberland, York, and Adams counties are handled somewhat differently county to county in terms of diversion eligibility and how prosecutors treat restitution in plea negotiations, so local practice matters to the realistic outcome.

Aggregation and venue across accounts and locations

Where a card or account number was used at multiple merchants or in multiple counties, questions about where the case can properly be filed, and whether separate transactions should be treated as one course of conduct or several counts, can significantly affect total exposure.

Federal overlap for card-network and interstate schemes

Larger schemes involving skimming devices, card-network fraud, or transactions crossing state lines can draw federal attention under separate federal bank fraud and access device statutes, in addition to a state § 4106 charge, particularly where a financial institution or card network refers the matter to federal authorities.

How we handle access device fraud matters.

Contest authorization
Section 4106 turns on whether use of the device was authorized; evidence of actual or apparent permission from the cardholder — a shared account, a prior pattern of authorized use, or express consent — can defeat the charge.
Challenge identification of the actual user
Card and account fraud cases are frequently built on transaction records tied to a household, shared device, or IP address rather than direct proof of who physically used the card, making identification a central issue.
Dispute knowledge for a possession-based charge
Possessing a counterfeit or stolen device requires knowledge of its unlawful status; where a card or number was received without any reason to know it was stolen or counterfeit, that knowledge element is contestable.
Attack the value calculation underlying the grading
Because grading depends directly on the dollar amount obtained, disputing how that figure was calculated, including improper aggregation of unrelated transactions, can move the case to a lower grade.
Suppress evidence from an unlawful search of devices, wallets, or accounts
Where the case depends on a card, phone, or account records obtained through a search, challenging the legal basis or scope of that search can remove key evidence.
Negotiate around overlapping charges with identity theft or forgery
Where the same transaction is charged under § 4106 alongside § 4120 or § 4101, resolving the matter as a single, properly graded offense rather than letting every related count stack independently is often the practical goal.

Where we appear

Theft & property crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other theft & property crime guides.

FAQ

Frequently asked questions.

Common questions about access device fraud in Pennsylvania — procedure, consequences, and the defenses that actually matter.

It's broadly defined to include credit cards, debit cards, PINs, account numbers, and any other means of accessing an account to obtain money, goods, services, or anything of value — not just a physical card.
Yes. Section 4106 separately criminalizes possessing a device you know is counterfeit, stolen, or otherwise obtained without the cardholder's consent, regardless of whether it was ever used.
Grading depends on the value obtained: $500 or more is a felony of the third degree, $50 to under $500 is a misdemeanor of the first degree, and under $50 is a misdemeanor of the second degree.
That's a real defense worth developing. Authorization is central to § 4106, and a shared account or a pattern of prior consented use can complicate the Commonwealth's theory that the use was unauthorized.
The two statutes frequently overlap because obtaining or using an access device often involves misusing someone's identifying information in the process, so prosecutors commonly charge both § 4106 and § 4120 from the same conduct.
In some cases, yes, particularly first offenses involving a family account or modest amounts, where Accelerated Rehabilitative Disposition or another diversion program paired with restitution can avoid a conviction.
Misdemeanor convictions may become eligible for expungement or sealing under §§ 9122 and 9122.1 depending on the disposition and how much time has passed, which is worth revisiting even after the case is resolved.
Typically through merchant surveillance footage, IP addresses or device data tied to online transactions, and bank records showing the pattern of use, all of which can be challenged on identification grounds.

[1]18 Pa.C.S. § 4106 — Access device fraud — grading turns on the value obtained: F3 for $500 or more, M1 for $50 to under $500, M2 under $50; possession of a counterfeit or unlawfully obtained device is separately chargeable.
[2]18 Pa.C.S. § 4120 — Identity theft — M1 where the total value is under $2,000; F3 for $2,000 or more or where the offense is part of a criminal conspiracy; grading is enhanced one degree where the victim is under 18 or 60 or older.
[3]18 Pa.C.S. § 3922 — Theft by deception — obtaining property by creating or reinforcing a false impression. Graded under § 3903.
[4]18 Pa.C.S. § 4101 — Forgery — F2 where the writing is money, a security, or a government instrument; F3 for a will, deed, contract, or commercial instrument; otherwise M1.
[5]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[6]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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