| 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 |
| 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.
|
| 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 |
| 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 |
Violations result in imprisonment, with or with out hard labor, for not more than five years and/or fines not more than $5,000. If the use of the scanning or reencoding devise was used with the intent to defraud the penalty is imprisonment, with or with out hard labor, for not more than 10 years and/or fines not more than $10,000. The court may also impose restitution. |
| Maine |
Me. Rev. Stat. Ann. tit. 17-A, §905-B |
Misuse of a scanning or reencoder device is a class D crime. |
| 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 |
| 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. |
| 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. |
| 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. |
