Law Enforcement

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

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.

2009 Public Act 239: Class A misdemeanor

Conn. Gen. Stat. §53-388a: Class A misdemeanor

Del. Code Ann. tit. 11, §903A:

Any person who possesses and/or uses a scanning or re-encoding device for the purpose of willfully, knowingly and with the intent to defraud will be guilty of a class D felony.

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 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.

Ill. Rev. Stat. ch. 750, §5/17-25: 

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.

Ill. Rev. Stat. ch. 750, §5/16G-14:

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.

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 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.

Kan. Stat. Ann. §21-4019:

Violation is a severity level 6, nonperson felony.

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.

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.

1.  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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

2010 Session Law 237:

Classified as a crime of the third degree, punishable as a fourth degree felony.

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.

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 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.

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.

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.

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.

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.