Credit Card Skimming Laws and Legislation

Legislation Last Updated: January 24, 2011

Statutes Last Updated: January 24, 2011

NCSL Contact:  Heather Morton, Denver, (303) 364-7700

 

Since 2001, 31 states and Puerto Rico have enacted statutes that provide criminal penalties for using a credit card skimming device, also known as credit card re-encoder or wedge, used to steal an individual's credit card number and data stored through the credit card's magnetic stripe.

 

Statutes | State Legislation 

Statutes

 State:  Statutory Citation:  Penalties:
 Arizona Ariz. Rev. Stat. Ann. §13-2110  Unlawful possession or use is a class 6 felony
 Arkansas Ark. Stat. Ann. §5-37-227 Classified as Financial Identity Fraud – a class C felony.  A violation is also classified as an unfair and deceptive trade practice which is a class A misdemeanor.  The attorney general may also file suit to recover civil damages
 California Cal. Penal Code §502.6 Any person who possesses and uses a scanning and/or re-encoding device with the intent to defraud will be guilty of a misdemeanor punishable by no more than one year in county jail and/or a fine not in excess of $1,000
 Connecticut

2009 Public Act 239

Class A misdemeanor 

Conn. Gen. Stat. §53-388a 

Class A misdemeanor
 Delaware Del. Code Ann. tit. 11, §903A Any person who possesses and/or uses a scanning or reencoding device for the purpose of willfully, knowingly and with the intent to defraud will be guilty of a class D felony
 Florida Fla. Stat. §817.625 A person who unlawfully uses a scanning or re-encoding device with the intent to defraud will be guilty of a third degree felony punishable by no more than five years imprisonment for first offense.  For second and subsequent offenses the individual is guilty of a second degree felony punishable by no more than 15 years imprisonment.
 Idaho Idaho Code §18-2415

A person who uses a scanning or re-encoding device to intentionally defraud is guilty of Grand Theft felony punishable by not less than one year and no more than 14  years imprisonment and/or a fine no more than $5,000 

 Illinois

Ill. Rev. Stat. ch. 750, §5/17-25

 

Ill. Rev. Stat. ch. 750, §5/16G-14 

A person who unlawfully uses a scanning or re-encoding device with the intent to defraud is guilty of a class 4 felony for first offense, class 3 felony for second and subsequent offenses.

 

A person who unlawfully uses a financial transaction device to capture, copy or transmit or otherwise obtain personal information without the consent of the person will be guilty of a class A misdemeanor.

 
 Indiana Ind. Code §35-43-5-4.3

Unlawful possession of a card skimming device under subdivision (1) or (2) is a Class D felony. Unlawful possession of a card skimming device under subdivision (3) is a Class C felony. 

 Iowa

Iowa Code §715A.10

Use of scanning and/or re-encoding device for the purpose of defrauding the authorized user: First offense – class D felony; second and subsequent offenses – class C felony 

 Kansas

Kan. Stat. Ann. §21-4019 

Violation is a severity level 6, nonperson felony 
 Kentucky

Ky. Rev. Stat. §§434.675 and 434.730

Possessing or misusing a scanning or reencodeing device – First offense: class D felony; Second and subsequent offenses: class C felony 

 Louisiana

La. Rev. Stat. Ann. §14:67.4 

(1) Whoever violates the provisions of Subsection C of this Section shall be imprisoned, with or without hard labor, for not more than five years, or fined not more than $5,000, or both.
(2)  Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and a re-encoder in violation of Subsection C of this Section and with the intent to defraud shall be imprisoned, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both.
(3)  Upon a third or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.
E.  In addition to the penalties provided in Subsection D of this Section, a person convicted under this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
 Maine

Me. Rev. Stat. Ann. tit. 17-A, §905-B 

Misuse of a scanning or reencoder device is a class D crime. 

 Maryland

 Md. Criminal Law §8-301

(1) A person who violates this section where the benefit, credit, good, service, or other thing of value has a value of $500 or greater is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $25,000 or both. (2) A person who violates this section where the benefit, credit, good, service, or other thing of value has a value of less than $500 is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both. (3) A person who violates this section under circumstances that reasonably indicate that the person's intent was to manufacture, distribute, or dispense another individual's personal identifying information without that individual's consent is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $25,000 or both. (4) A person who violates subsection (c)(1), (e), or (f) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both.

In addition to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article, a court may order a person who pleads guilty or nolo contendere or who is found guilty under this section to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred: (1) for clearing the victim's credit history or credit rating; and (2) in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim that arose because of the violation.

 Michigan

Mich. Comp. Laws §750.539k 

A person who unlawfully uses a devices to capture personally identifiable information will be guilty of a misdemeanor punishable by imprisonment of no more than one year and/or a fine no more than $1,000 

 Minnesota  Minn. Stat. §609.527 Whoever commits an offense may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
 Mississippi

Miss. Code Ann. §97-45-31 

Violation is a felony punishable by no more than five years in prison and/or fines not to exceed $10,000 

 Missouri

Mo. Rev. Stat. §407.433

A person who unlawfully uses a scanning or re-encoding device with the intent to defraud will be guilty of a class A misdemeanor. 

 Nevada

Nev. Rev. Stat. §§205.605 and 205.606 

An individual who unlawfully possesses a scanning or re-encoding device is guilty of a class C felony.  An individual who unlawfully uses a scanning or re-encoding device is guilty of a class B felony punishable by no less than one year and no more than 20 years in prison and/or a fine of $100,000.  In addition, the unlawful use may also result in the repayment of any or all monies to the harmed individual in the amount caused by the unlawful use including but not limited to attorney’s fees, the cost to correct credit and any debts incurred as a result of the misuse. 

 New Hampshire

N.H. Rev. Stat. Ann. §638:29 

The unlawful use of a scanning or re-encoding device is: (1) a class B if the person has one or more prior convictions in New Hampshire or any other state for this crime; (2) a class B felony if the individual has used a scanning or re-encoding device two or more times to defraud the authorized user; (3) a misdemeanor in all other instances. 

 New Jersey

N.J. Rev. Stat. §2C:21-6.1 

A crime in the third degree if the intent was to defraud the rightful own of the card through the use of a scanning or re-encoding device.  A crime in the fourth degree if one knowingly possesses a device with the intent to defraud. 

 New York  N.Y. Penal Law §190.85 and §190.86 Unlawful possession of a skimmer device in the  second degree is a class A misdemeanor. Unlawful possession of a skimmer device in the first degree is a class E felony.
 Oregon

Or. Rev. Stat. §165.074 

A person who unlawfully uses a scanning device is guilty of a class C felony.  If an individual has one or more convictions under the section, guilty of a class B felony. 

 Puerto Rico  2010 Session Law 237 Classified as a crime of the third degree, punishable as a fourth degree felony. 
 South Dakota

S.D. Codified Laws Ann. §§22-30A-8.3 and 22-30A-8.4

The use of a scanning or re-encoding device to intentionally defraud the authorized user is punishable as a class 6 felony. 

 Texas

Tex. Business and Commerce Code Ann. §35.60 

A class B misdemeanor and violator may additionally be prosecuted under any other applicable provision of law. 

 Utah

Utah Code Ann. §76-6-506.7 

A person who unlawfully uses a scanning or re-encoding device is guilty of a third degree felony.  If the individual has a prior conviction under this section they are guilty of a second degree felony for the second and subsequent offenses. 

 Virginia

Va. Code §18.2-196.1 

The use of a scanning or re-encoding device with malicious intent is a Class 1 misdemeanor.  Use of a device and selling of the information and/or the information is used in the commission of another crime is a Class 6 felony. 

 Washington

Wash. Rev. Code §9A.56.290 

A person who unlawfully uses a scanning or re-encoding device for the purpose to defraud is guilty of a class C felony for the first offense and a class B felony for second and subsequent offenses. 

 West Virginia

W. Va. Code §61-3-56 

An individual who uses a scanning or reencodeing device for unlawful purposes will be guilty of:
First offense – a misdemeanor punishable by confinement in county or regional jail for no more than a year and/or a fine no more than $1,000;
Second and subsequent offenses – a felony punishable by no less than a year and no more than three years in state jail and/or a fine no more than $5,000. 

 Wyoming

Wyo. Stat. §6-3-803 

First conviction: no more than five years in prison and/or fines no more than $10,000.  Second and subsequent convictions: no more than 10 years in prison and/or fines no more than $25,000.

 

State Legislation

2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001

 

2011 Legislation

Indiana
H.B. 1530
Amends provisions regarding possession of a credit card skimming device and terrorism.

S.B. 561
Amends provisions regarding possession of a credit card skimming device and terrorism.

New Jersey
A.B. 1265
This bill establishes new offenses relating to the unlawful possession and use of credit card scanners. Under the provisions of the bill, a person who possesses a credit card scanner without a lawful purpose is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000, imprisonment for a term of up to six months, or both. A person who uses a credit card scanner for an unlawful purpose is guilty of a crime of the second decree. A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.

New York
S.B. 737
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; provides the dollar threshold for identity theft comparable to those in the grand larceny statutes; acknowledges that identity theft doesn't respect geographic boundaries. Recodifies skimming statutes.

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2010 Legislation

Minnesota
H.F. 2470
Indefinitely postponed 4/28/10
S.F. 2493
Signed by governor 5/10/10, Chapter 293
Includes the use of a scanning device and reencoder to acquire information from payment cards as identity theft.

New Hampshire
H.B. 478
To conference committee 5/5/10
This bill prohibits the human implantation of a radio frequency identification device without the individual’s informed, written consent. The bill prohibits the human implantation of such a device onto or into a minor child. The bill also amends the definition of payment card and reencoding for purposes of the crime of using a scanning device or reencoder for fraudulent purposes.

New Jersey
A.B. 1265
This bill establishes new offenses relating to the unlawful possession and use of credit card scanners. Under the provisions of the bill, a person who possesses a credit card scanner without a lawful purpose is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000, imprisonment for a term of up to six months, or both. A person who uses a credit card scanner for an unlawful purpose is guilty of a crime of the second decree. A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.

New York
A.B. 10944
S.B. 7843
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; provides the dollar threshold for identity theft comparable to those in the grand larceny statutes; acknowledges that identity theft doesn't respect geographic boundaries. Recodifies skimming statutes.

Puerto Rico
H.B. 2167
Signed by governor 12/30/10, Session Law 237
Amends the Penal Code; establishes the definitions of "scanning device", "encoder" and "payment cards"; redesignates the remaining paragraphs that are organized in alphabetical order; classifies as a crime of third-degree for the unlawful use of credit cards or debit cards, and that is punishable as a felony fourth-degree.

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2009 Legislation

Connecticut
S.B. 838
Signed by governor 7/9/09, Public Act 239
The act creates the crime of unlawful possession of “personal identifying information access devices. ” A person is guilty of committing it when he or she possesses access devices, document-making equipment, or authentication implements to alter, obtain, or use another's personal identifying information. For this purpose, “access devices” include a card, plate, code, account number, mobile identification number, personal identification number, telecommunication service access equipment, card-reading device, scanning device, reencoder or other means that could be used to access financial resources or obtain financial information, personal identifying information, or another person's benefits. A violator commits a class A misdemeanor.

Illinois
H.B. 4572
Amends the Criminal Code of 1961. Adds the Corruption Influenced and Criminal Organizations Law to the Code. Provides that it is unlawful for any person: (1) who is employed by or associated with any enterprise, knowingly to conduct or participate, directly or indirectly, in such enterprise's affairs through either a pattern of predicate activity or the collection of unlawful debt; or (2) knowingly to acquire or maintain, directly or indirectly, through either a pattern of predicate activity or the collection of unlawful debt, any interest in, or control of, to any degree, any enterprise, real property, or personal property of any character, including money. Defines "pattern of predicate activity;" includes use of scanning devices to defraud.

New Hampshire
H.B. 478
Requires consumer products or identification documents with remotely readable devices to include a consumer notice to that effect. Prohibits the implantation of a remotely readable device in a human without the individual’s informed, written consent. Prohibits electronic tracking of another individual with certain limited exceptions. Amends the definition of payment card and reencoding for purposes of the crime of using a scanning device or reencoder for fraudulent purposes.

New York
A.B. 1869
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

Puerto Rico
H.B. 2167
Amends the Penal Code; establishes the definitions of "scanning device", "encoder" and "payment cards"; redesignates the remaining paragraphs that are organized in alphabetical order; classifies as a crime of third-degree for the unlawful use of credit cards or debit cards, and that is punishable as a felony fourth-degree.

 

 

2008 Legislation

Louisiana
H.B. 654
Signed by governor 6/25/08, Act 495
Provides for restitution and increases the criminal penalties for certain offenses against property including anti-skimming, identity theft, fraudulent acquisition of a credit card, access device fraud, bank fraud, and monetary instrument abuse.

Maryland
H.B. 564
S.B. 220
Passed Senate 2/29/08
Prohibits the unauthorized possession of devices known as re-encoders and skimmers to access, read, record, or otherwise obtain a payment device number or personal identifying information; prohibits a person from using, in a specified manner, re-encoder devices and skimming devices for specified purposes.

H.B. 1113
Signed by governor 5/13/08, Chapter 355
S.B. 60
Signed by governor 5/13/08, Chapter 354
Prohibits the intentional, willful, and unauthorized copying, attempt to copy, possessing, or attempt to possess all or part of the contents of a computer database accessed in a specified manner; providing penalties for specified violations; increasing the penalty for a person who commits identity fraud where the benefit, credit, good, service, or other thing of value that is the subject of the offense has a value of $500 or greater; and prohibits a person from knowingly, willfully, and with fraudulent intent to obtain a benefit, credit, good, service, or other thing of value using a re–encoder device or a skimming device in a certain manner for certain purposes.

Massachusetts
H.B. 1475
Provides that a person is in unlawful possession of an identity scanning device when he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving accessing a person’s financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother’s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense shall be guilty of identity fraud and shall be punished by a fine of not more then $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

New Hampshire
H.B. 1566
Inexpedient to legislate 3/5/08
Prohibits the advertisement of scanning devices or reencoders, such as an automated teller machine skimming device.

New Jersey
A.B. 889
Establishes new offenses relating to the unlawful possession and use of credit card scanners. Under the provisions of the bill, a person who possesses a credit card scanner without a lawful purpose is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000, imprisonment for a term of up to six months, or both. A person who uses a credit card scanner for an unlawful purpose is guilty of a crime of the second decree. A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.

New York
A.B. 320
S.B. 248
Passed Senate 4/2/08
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

A.B. 8348
S.B. 5795
Creates the crime of unlawful possession of a skimmer device for gathering the personal identification information of another person; upgrades the degree of crimes of identity theft.

S.B. 4721
Provides for the unlawful possession of a skimmer device.

 

 

2007 Legislation

California
A.B. 814
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/08
Makes it a felony for a person to illegally use or tamper with an electronic funds transfer device, and thereby obtain any personal identifying information or financial information. The bill states the intent of the Legislature to increase funding for law enforcement to prevent and investigate identity theft related to electronic funds transfer transactions.

Connecticut
H.B. 6981
Provides the attorney general with investigatory authority regarding electronic mail phishing and credit card skimming statutes.

Massachusetts
H.B. 1475
Provides that a person is in unlawful possession of an identity scanning device when he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving accessing a person’s financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother’s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense shall be guilty of identity fraud and shall be punished by a fine of not more then $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

New York
A.B. 320
S.B. 248
Passed Senate 1/31/07
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

A.B. 3307
Enacting clause stricken 4/20/07
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

A.B. 8348
S.B. 5795
Passed Senate 6/6/07
Creates the crime of unlawful possession of a skimmer device for gathering the personal identification information of another person; upgrades the degree of crimes of identity theft.

S.B. 4721
Provides for the unlawful possession of a skimmer device.

2006 Legislation

California
A.B. 2956
Passed Assembly 5/25/06
Existing law provides that any person who uses a scanning device with specified intent to access, read, or obtain information encoded on the magnetic strip of a payment card without the permission of the authorized user is punishable by a fine not to exceed $1,000, imprisonment in a county jail not to exceed one year, or both. This bill instead provide that this crime is punishable by a fine not exceeding $2,000, imprisonment in a county jail not to exceed one year, or both. Provides that every person who, with intent to defraud, acquires, conveys, sells, traffics, transfers, or retains possession of, the personal identifying information of another without that person's consent, is punishable by a fine not to exceed $2,000, imprisonment in a county jail not to exceed one year, or by both fine and imprisonment, as specified. Makes related changes.

Connecticut
H.B. 5694
Signed by governor 5/8/06, Public Act 06-60
Prohibits using (1) a scanner to read the information on a computer chip or a payment card without permission and with the intent to defraud and (2) a reencoder to take information from a computer chip or a payment card and encode it on a computer chip or a different card without permission and with the intent to defraud. Authorizes the attorney general to sue to enforce its provisions and sets criminal penalties for them.

S.B. 594
Failed Joint Favorable deadline 3/27/06
Provides specific criminal penalties for "skimming" wherein a person, without permission and with intent to defraud, copies information encoded on a customer's credit, debit or other payment card by using a scanning device or reencoder.

Indiana
H.B. 1101
Signed by governor 3/21/06, Public Law 125
Provides that a person that owns or licenses certain unredacted or unencrypted personal information concerning Indiana residents that is contained in a computerized data base must disclose to those Indiana residents without unreasonable delay a security breach in the computerized database (including the unauthorized acquisition of computerized data that have been transferred to another medium) if the security breach could cause the Indiana residents to become victims of identity theft, identity deception, or fraud. Requires a database owner who is required to make a disclosure concerning a security breach to more than 1,000 persons to notify each credit reporting bureau of the security breach. Specifies that a person that maintains a computer database but does not own or license the personal information contained in the database must notify the database owner if there is a security breach in the database. Provides that a database owner with a privacy plan drafted to comply with certain federal statutes may comply with that plan instead of these provisions if that plan meets the federal requirements, and permits a database owner with its own privacy plan to comply with its own plan instead of these provisions if its plan is at least as stringent as these provisions or a plan that complies with certain federal statutes. Authorizes the attorney general to bring an action to enforce the disclosure requirements. Makes certain information that relates to a license application submitted to the Indiana gaming commission confidential. Provides that a person who disposes of a customer's unencrypted, unredacted personal information without first shredding, incinerating, mutilating, or erasing the personal information commits a Class C infraction. Enhances the offense to a Class A infraction for a second or subsequent offense, or if the person has unlawfully disposed of the personal information of more than 100 customers. Includes as personal information certain information collected as part of a license or permit application. Provides that a person who unlawfully obtains the identifying information of a deceased person commits identity deception. Makes identity deception a Class C felony if a person unlawfully obtains the identities of more than 100 persons or the fair market value of the fraud or harm caused by the identity theft is at least $50,000. Makes possession of a card skimming device with the intent to commit identity deception or fraud a Class D felony and a Class C felony if the device is possessed with the intent to commit terroristic deception. Permits a court to enter a restitution order requiring a person convicted of identity deception to reimburse the victim for additional expenses that arise or are discovered after sentencing or after the entry of a restitution order. Grants a court a five year period in which to order a person convicted of identity deception to pay additional restitution. Provides that a person who commits the offense of identity deception may be tried in any county in which any element of the offense occurs. Provides that jurisdiction for cases of identity deception lies in Indiana if the victim resides in Indiana. Imposes certain fiduciary obligations on members of the governing board of a county hospital, and specifies that if a hospital governing board has two physician members, only one physician member is required to be an active member of the medical staff of the hospital.

Kansas
H.B. 3003
Restricts the disclosure and use of personal identification information and would provide penalties and remedies for violations. Makes it a severity level 6, nonperson felony for any person to possess or use a scanning device or reencoder, without the permission of the authorized user of a payment card with the intent to defraud.

S.B. 196
Signed by governor 4/19/06
Relates to the protection of personal information, including creating requirement for a security breach, redacting information, identity theft expungement, skimming devices, and protection of Social Security numbers from being published in specified records.

Massachusetts
H.B. 3691
Substituted 3/20/06
Protects a consumer’s personal information from skimming.

H.B. 4775
Relates to the protection of personal information.

New Jersey
A.B. 1587
Establishes new offenses relating to the unlawful possession and use of credit card scanners.  Under the provisions of the bill, a person who possesses a credit card scanner without a lawful purpose is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a fine of up to $1,000, imprisonment for a term of up to six months, or both. A person who uses a credit card scanner for an unlawful purpose is guilty of a crime of the second decree. A crime of the second degree is punishable by a fine of up to $150,000, imprisonment for a term of between five and 10 years, or both.

New York
A.B. 422
Establishes crime of unlawful use of scanning device or reencoder; prohibits any person from using a scanning device to access information stored on the magnetic strip of a payment card or from using a reencoder to transfer information from one payment card to another with the intent to defraud the authorized card holder or a merchant.

A.B. 9787
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

S.B. 6333
Passed Senate 5/17/06
Establishes the crime of unlawful possession of an identity scanning device; defines "identity scanning device" as a device that can access a person's financial services account number or code and other personal information; makes such unlawful possession a class E felony.

2005 Legislation

Arkansas
H.B. 2619
Signed by governor
3/21/05, Act 1018
Includes the use of a scanning device or a re-encoder in the offense of financial identity fraud.

Illinois
H.B. 2697
Provides that a person who is not a party to a transaction that involves the use of a financial transaction device may not secretly or surreptitiously photograph, or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. Provides that a violation is a Class A misdemeanor.

Louisiana
S.B. 156
Signed by governor
6/29/05, Act 297
Creates the Anti-Skimming Act, makes theft of encoded credit card information a crime; criminalizes the use of a scanning device or re-encoder to capture encoded information from a magnetic strip; provides for definitions; provides for penalties.

Maine
L.D. 83
Signed by governor
5/5/05, Chapter 72
Criminalizes the use of a scanning device or a reencoder to capture encoded information from a magnetic strip or stripe on a credit card, debit card or other payment card to place the information on another card with the intent to defraud.

Massachusetts
H.B. 3691
Protects a consumer’s personal information from skimming.

Mississippi
S.B. 2859
Signed by governor
4/20/05, Chapter 511
Criminalizes the use of a scanning device or reencoder to capture encoded information from a magnetic strip on a credit, debit or other payment card with intent to defraud.

New Jersey
A.B. 2769
Signed by governor
9/22/05, Chapter 225
S.B. 2617
Prohibits the use of scanning devices or reencoders to access or scan the encoded information on any ATM or debit card, credit card or other payment card, without the permission of the authorized user of the payment card.  Defines a "scanning device" as any scanner, skimmer, reader or any other electronic device, such as a reencoder, that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.  A "reencoder" is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.  Makes it a crime of the third degree for any person, with the intent to defraud an authorized user of a payment card, the issuer of the authorized user's payment card or a merchant, to use a scanning device to access, read, obtain, memorize or store, temporarily or permanently, any information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card.  Makes it a crime for a person to use a reencoder to place the information encoded on the magnetic strip onto a different card without the permission of the authorized cardholder, issuer or merchant.

New Mexico
S.B. 318
Passed Senate

Creates the crime of skimming.  Makes it is unlawful for a person to skim or use a scanning device to access, read, obtain, memorize or store information encoded on the magnetic strip of a payment card without the permission of the cardholder and with the intent to defraud either the cardholder, the issuer of the cardholder’s payment card or a merchant.  It is also illegal to use a re-encoder to place information encoded on the magnetic strip of a payment card onto the magnetic strip of another card without the permission of the cardholder.

New York
A.B. 422
Establishes crime of unlawful use of scanning device or reencoder; prohibits any person from using a scanning device to access information stored on the magnetic strip of a payment card or from using a reencoder to transfer information from one payment card to another with the intent to defraud the authorized card holder or a merchant.

Tennessee
H.B. 234
S.B. 285
Creates a Class E felony offense of using a scanning device or reencoder to access or transfer encoded information on a payment card without the consent of the authorized card user with the intent to defraud the user or a merchant.

Texas
H.B. 982
Signed by governor
5/27/05, Chapter 195
Relates to posting a sign warning restaurant or bar employees against fraudulent use or possession of identifying information; provides a criminal penalty.

H.B. 2358
Relates to the offense of identity theft by electronic device and to notice to certain persons of the penalties associated with that offense.

Virginia
H.B. 2059
Signed by governor
3/20/05, Chapter 166
Punishes as a Class 1 misdemeanor the malicious and unauthorized use of a scanner or re-encoder to unlawfully reproduce the information in the magnetic stripe of a payment card and as a Class 6 felony if the person sells or distributes such information to another or uses the information in the commission of another crime.

Wyoming
H.B. 205
Signed by governor
3/2/05, Chapter 166
Establishes a crime for illegal use of a scanning device or re-encoder to capture information from a magnetic strip from a credit, debit or other electronic payment card as specified; provides penalties.

2004 Legislation

Arizona
H.B. 2116
Signed by governor 4/19/04, Chapter 109
States that a person commits criminal possession of a forgery device if the person makes or possesses any material, good, property or supply designed or adapted for use in forging written instruments or with the intent to aid or permit another person to use it for the purpose of forgery.  Expands the definition of taking the identity of another person to include purchasing, manufacturing, recording or transmitting any personal identifying information to include entities and real or fictitious persons/entities.  Requires a peace officer to take a report on the request of any person or entity whose identity has been taken.  Allows prosecutors to file a complaint charging multiple identity theft violations in the county where the greatest number of violations are alleged to have occurred.  States that it is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud anything specifically designed or adapted for use as a scanning device or reencoder.  Adds to the definition of personal identifying information any written document or electronic data that provides information concerning a signature, electronic mail address or account, tax identification number, employment information, citizenship status, alien identification number, personal identification number, photograph, DNA or genetic information or other financial account number.  Clarifies that beginning on January 1, 2005, it is illegal for a person or entity to print a number that is known to be an individual’s Social Security number.  States that if a number is received from a third party, there is no duty to determine if the number is an individual’s Social Security number.  The number may be printed on materials mailed to the individual, unless the person or entity mailing the number knows that it is the individual’s Social Security number.  States that beginning on January 1, 2009, no person or entity may knowingly print any sequence of numbers contained in an individual’s Social Security number on any card required for the person to receive service or products or materials that are mailed to the individual.

Delaware
S.B. 233
Signed by governor 5/24/04, Chapter 248
Makes illegal (Class D felony) the possession with intent to defraud or the use with intent to defraud certain devices that facilitate the stealing and/or illegal use of credit card information.

Kentucky
H.B. 7
Signed by governor 4/2/04, Chapter 27
Creates a new section of KRS 434.550 to 434.730 relating to credit and debit cards to require that electronic cash registers and similar machines print not more than the last five digits of the credit or debit card number and do not print the card expiration date on credit and debit card receipts; provides that the Act does not apply to handwritten receipts or to nonelectronic imprints of credit and debit cards; amends 434.560 to define merchant, payment card, reencoder, and scanning device; amends KRS 434.730 to create a Class D felony for using a scanning device or reencoder to gather information encoded on magnetic strip of payment card or place information on the magnetic strip of a different card with intent to defraud authorized user or issuer of card; make subsequent offenses a Class C felony; provides for suppliers of credit or debit card hardware or software to comply with the bill; effective January 1, 2005 for newly installed machines and January 1, 2007 for current machines.

Michigan
H.B. 6177
Signed by governor
12/22/04, Public Act 460
Prohibits a person from photographing, digitally capturing or recording, or electronically transmitting personal identifying information gleaned from such things as credit or debit cards or ATM cards without the consent of the individual.  A violation would be a misdemeanor punishable by imprisonment for up to one year, a fin of not more than $1,000, or both.

S.B. 161
Prohibits and provides penalties for the use of a scanning device or reencoder to defraud.

S.B. 176
Establishes criminal procedures and sentencing guidelines for crime of using a scanning device or reencoder to defraud.

New Jersey
A.B. 2769
Passed Assembly 12/13/04
Prohibits the use of scanning devices or reencoders to access or scan the encoded information on any ATM or debit card, credit card or other payment card, without the permission of the authorized user of the payment card.  Defines a "scanning device" as any scanner, skimmer, reader or any other electronic device, such as a reencoder, that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.  A "reencoder" is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.  Makes it a crime of the third degree for any person, with the intent to defraud an authorized user of a payment card, the issuer of the authorized user's payment card or a merchant, to use a scanning device to access, read, obtain, memorize or store, temporarily or permanently, any information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card.  Makes it a crime for a person to use a reencoder to place the information encoded on the magnetic strip onto a different card without the permission of the authorized cardholder, issuer or merchant.

New York
A.B. 8177
S.B. 4528
Establishes crime of unlawful use of a scanning device or reencoder; prohibits any person from using a scanning device to access information stored on the magnetic strip of a payment card or from using a reencoder to transfer information from one payment card to another with the intent to defraud the authorized card holder or a merchant.

West Virginia
H.B. 4104
Signed by governor 3/25/04, Chapter 79
Relates to creating the crimes of scanning device and reencoder fraud; provides definitions; and establishes criminal penalties.

2003 Legislation

Iowa
H.F. 504
Signed by governor 3/31/03
Provides that a person who illegally uses a scanning device or reencoder commits a class "D" felony for a first offense and a class "C" felony for a second or subsequent offense.  A scanning device is defined to mean a scanner, reader, or other electronic device that is used to access or read information encoded on a magnetic strip.  A reencoder means an electronic device that places encoded information from a magnetic strip of a payment card onto the magnetic strip of a different payment card.

S.F. 317
Withdrawn 3/25/03
Provides that a person who illegally uses a scanning device or reencoder commits a class "D" felony for a first offense and a class "C" felony for a second or subsequent offense.  A scanning device is defined to mean a scanner, reader, or other electronic device that is used to access or read information encoded on a magnetic strip. A reencoder means an electronic device that places encoded information from a magnetic strip of a payment card onto the magnetic strip of a different payment card.

Kentucky
H.B. 70
Requires that electronic cash registers and similar machines print not more than the last five digits of the credit or debit card number and not print the card expiration date on credit and debit card receipts; provides that the Act does not apply to hand written receipts or to nonelectronic imprints of credit and debit cards; creates new sections of KRS 434.550 to 434.730 to define merchant, payment card, reencoder, and scanning device; creates a Class D felony for using a scanning device or reencoder to gather information encoded on magnetic strip of payment card or place information on the magnetic strip of a different card with intent to defraud authorized user or issuer of card; makes subsequent offenses a Class C felony; provides for suppliers of credit or debit card hardware or software to comply with the bill; effective January 1, 2004 for newly installed machines and January 1, 2006 for current machines.

Michigan
S.B. 161
Prohibits and provides penalties for the use of a scanning device or reencoder to defraud.

S.B. 176
Establishes criminal procedures and sentencing guidelines for crime of using a scanning device or reencoder to defraud.

Minnesota
H.F. 980
S.F. 969
Prohibits use of electronic scanning devices to capture encoded information from a credit or other financial transaction card, and placing it on another card, with intent to defraud; prohibits merchants who accept credit cards from printing more than the last five digits of the card; prescribes penalties.

Nevada
S.B. 297
Signed by governor 5/28/03, Chapter 257
Relates to personal identifying information; makes various changes relating to personal identifying information; prohibits a person from unlawfully possessing or using a scanning device or reencoder to acquire certain personal identifying information; clarifies the applicability of certain crimes relating to personal identifying information; prohibits a public officer or public employee from committing certain unlawful acts relating to personal identifying information; restricts the type of credit card or debit card information that may be printed electronically on a receipt; provides penalties.

New Hampshire
S.B. 149
Signed by governor 7/2/03, Chapter 210
Establishes criminal penalties for the use of a credit card scanning device or reencoder to defraud the credit card's authorized user, the issuer of the credit card, or a merchant.

New York
A.B. 8177
S.B. 4528
Establishes crime of unlawful use of a scanning device or reencoder; prohibits any person from using a scanning device to access information stored on the magnetic strip of a payment card or from using a reencoder to transfer information from one payment card to another with the intent to defraud the authorized card holder or a merchant.

Oregon
H.B. 3317
Signed by governor 6/16/03, Chapter 383
Expands crime of unlawful factoring of credit card transaction.  Changes name of crime of unlawful factoring of credit card transaction to unlawful factoring of payment card transaction.  Enhances penalty for second and subsequent convictions.

South Dakota
H.B. 1187
Signed by governor 3/8/03, Chapter 131
Prohibits the use or possession of scanning devices or reencoders with intent to defraud and to provide a penalty therefor.

Tennessee
H.B. 1114
S.B. 1349
Makes the unauthorized taking of information from a magnetic strip or stripe of credit or debit card an offense of fraudulent use of such credit or debit card.

Texas
H.B. 2138
Signed by governor 6/20/03
Relates to the use of certain electronic devices for the purpose of committing identity theft; provides criminal penalties.

Utah
S.B. 42
Signed by governor 3/24/03, Session Law Chapter 306
Modifies the Criminal Code by providing that possession of a financial transaction card number or related information with the intent to defraud is a third degree felony.  Provides that a person who obtains the encoded information from the strip on a financial transaction card with the intent to use the information to defraud a merchant is guilty of a third degree felony, and that any subsequent violation is a second degree felony.

Washington
H.B. 1846
S.B. 5719
Signed by governor 4/17/03, Chapter 52
Establishes penalties for the fraudulent use of credit card scanning devices.

2002 Legislation

Arizona
S.B. 1052
Signed by governor 4/29/02, Chapter 95
Creates the crime of unlawful use of a scanning device or reencoder and makes the unlawful use of a scanning device or reencoder a Class 6 felony (1 year/up to $150,000 fine).

California
S.B. 1259
Chaptered by secretary of state 9/25/02, Chapter 861
Provides that the possession or use, knowingly, willfully, and with the intent to defraud, as specified, of a device designed to scan or reencode information from or to the magnetic strip of a payment card, as defined, would be punishable by a term of imprisonment in a county jail not to exceed one year, or a $1,000 fine, or both the imprisonment and fine.  Provides for destruction of those devices owned by the defendant and possessed or used in violation of these provisions, and seizure of various other computer equipment used to store illegally obtained data, as specified.

Idaho
S.B. 1365
Signed by governor 3/26/02, Chapter 289
Amends and adds to existing law to prohibit the possession and use of scanning devices to read, or reencoders to encode, the magnetic strip or stripe of a financial transaction card without the permission of the authorized user of the card and with the intent to defraud the authorized user, the issuer of the card or a merchant; and to provide for punishment.

Illinois
S.B. 1577
Signed by governor
8/21/02, Public Act 92-0818
Amends the Criminal Code of 1961.  Provides that it is unlawful 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 to use: (i) 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 or (ii) 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.  Provides that a first offense is a Class 4 felony and a second or subsequent offense is a Class 3 felony.

Kentucky
H.B. 65
Creates a new section of KRS 434.550 to .730 relating to credit and debit cards to require that electronic cash registers and similar machines print not more than the last five digits of the credit or debit card number and not print the card expiration date on credit and debit card receipts.  Does not apply to hand written receipts or to non electronic imprints of credit and debit cards.  Effective January 1, 2003 for newly installed machines and January 1, 2005 for current machines.  Creates a new section of KRS 434.550 to 434.730 to define merchant, payment card, reencoder, and scanning device; creates a Class D felony for using a scanning device or reencoder to gather information encoded on magnetic strip of a payment card or place information on the magnetic strip of a different card with intent to defraud authorized user or issuer of card; makes subsequent offenses a Class C felony.

Michigan
H.B. 6192
Adds a new section to the Michigan Penal Code (MCL 750.568) to prohibit the use of a scanning device or a reencoder with the intent of defrauding the authorized user of a payment card (i.e., a credit card, charge card, or debit card.

H.B. 6193
Makes a scanning offense a Class G felony property offense with a two-year statutory maximum term of imprisonment; and a subsequent scanning offense would be a Class F property offense with a four-year statutory maximum term of imprisonment.

Missouri
H.B. 1762
Makes it an unlawful practice to disclose more than the last five credit card or debit card numbers on any sales receipt.  A first violation is an infraction and a subsequent violation is a class A misdemeanor.  Allows a prosecution for the fraudulent use of credit cards or stealing involving the fraudulent use of a credit card, check, or checking account to take place in the current venues, as well as in the county where the defendant resides, the county where the victim resides, and the county in which the property obtained was located.

S.B. 895
Signed by governor 7/11/02
Prohibits printing more than the last five digits of a credit card or debit card account number on any sales receipt for merchandise sold in this state and prohibits the use of a scanner or reencoder with the intent to defraud.

Nebraska
L.B. 870
Prohibits the use of scanning devices or reencoders as prescribed; provides penalties.

North Carolina
S.B. 1345
Prevents identity theft through unlawful use of scanning devices.

2001 Legislation

Florida
H.B. 531
Substituted 5/1/01
Provides a felony penalty for using a scanning device to access, read, obtain, memorize, or store information encoded on a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides a felony penalty for using a reencoder to place information onto a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides an enhanced penalty for a second or subsequent violation of the act.

H.B. 1231
Died in committee 5/4/01
Provides a felony penalty for using a scanning device to access, read, obtain, memorize, or store information encoded on a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides a felony penalty for using a reencoder to place information onto a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides an enhanced penalty for a second or subsequent violation of the act.

S.B. 1282
Signed by governor 5/31/01, Chapter 2001-115
Provides a felony penalty for using a scanning device to access, read, obtain, memorize, or store information encoded on a payment card without the permission of, and with intent to defraud, the authorized user of the payment card, issuer of the payment card, or merchant; provides a felony penalty for using a reencoder to place  information onto a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides an enhanced penalty for a second or subsequent violation of the act.

S.B. 1536
Died in committee 5/4/01
Prohibits the use of a scanning device to access, read, obtain, memorize, or store information encoded on a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; prohibits the use of a reencoder to place information onto a payment card without the permission of, and with intent to defraud, the authorized user of the payment card; provides a penalty; provides an enhanced penalty for a second or subsequent violation of the act.