§ 1816. Possession or use of credit card skimming devices and re-encoders
(a) A person who knowingly, wittingly, and with the intent to defraud possesses a scanning
device, or who knowingly, wittingly, and with intent to defraud uses a scanning device
to access, read, obtain, memorize, or store, temporarily or permanently, information
encoded on the computer chip or magnetic strip of a payment card without the permission
of the authorized user of the payment card shall be imprisoned not more than 10 years
or fined not more than $10,000.00, or both.
(b) A person who knowingly, wittingly, and with the intent to defraud possesses a re-encoder,
or who knowingly, wittingly, and with the intent to defraud uses a re-encoder to place
encoded information on the computer chip or magnetic strip or stripe of a payment
card or any electronic medium that allows an authorized transaction to occur without
the permission of the authorized user of the payment card from which the information
is being re-encoded shall be imprisoned not more than 10 years or fined not more than
$10,000.00, or both.
(c) Any scanning device or re-encoder described in subsection (e) of this section allegedly
possessed or used in violation of subsection (a) or (b) of this section shall be seized
and upon conviction shall be forfeited. Upon forfeiture, any information on the scanning
device or re-encoder shall be removed permanently.
(d) Any computer, computer system, computer network, or any software or data owned by
the defendant that are used during the commission of any public offense described
in this section or any computer owned by the defendant that is used as a repository
for the storage of software or data illegally obtained in violation of this section
shall be subject to forfeiture.
(e) For purposes of this section:
(1) “Payment card” means a credit card, debit card, or any other card that is issued to
an authorized user and that allows the user to obtain, purchase, or receive goods,
services, money, or anything else of value.
(2) “Re-encoder” means an electronic device that places encoded information from the computer
chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic
strip or stripe of a different payment card or any electronic medium that allows an
authorized transaction to occur.
(3) “Scanning device” means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on the computer chip or magnetic strip or stripe of a payment
card.
(f) Nothing in this section shall preclude prosecution under any other provision of law. (Added 2009, No. 116 (Adj. Sess.), § 3, eff. May 21, 2010.)