Illegal Use of Payment Card Scanning Device or Reencoder
Section 638:29
638:29 Use of Scanning Device or Reencoder to Defraud Prohibited. –
[Paragraph I effective until January 1, 2027; see also paragraph I set out below.]
I. A person is guilty of the crime of using a scanning device or reencoder to defraud when the person knowingly:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
(b) Uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
[Paragraph I effective January 1, 2027; see also paragraph I set out above.]
I. A person is guilty of the crime of using a scanning device or reencoder to defraud when the person knowingly:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe or on an integrated circuit chip of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
(b) Uses a reencoder to place information encoded on the magnetic strip or stripe or integrated circuit chip of a payment card onto the magnetic strip or stripe or integrated circuit chip of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
II. Using a scanning device or reencoder to defraud is:
(a) A class B felony if such person has one or more prior convictions in this state or another state for the conduct described in this section.
(b) A class B felony if such person used a scanning device or reencoder to defraud 2 or more times in violation of this section.
(c) A misdemeanor in all other cases.