SB 959 - This act modifies provisions of the Credit User Protection Law.
Currently, no person, other than a cardholder, shall use a scanning device to access information encoded on the magnetic strip of a credit or debit card, or use a reencoder to place information encoded onto a magnetic strip without permission of the cardholder. Any person who violates such provisions is guilty of a Class E felony. This act repeals these provisions.
This act creates the offense of illegal use of a card scanner if the person uses a scanning device to obtain information stored on a credit card without the permission of the cardholder, credit card issuer, or merchant; possesses a scanning device with the intent to defraud or with the knowledge that some other person intends to use the device to defraud; uses a reencoder to copy a credit card without the permission of the cardholder and with the intent to defraud; or possesses a reencoder with the intent to defraud or with the knowledge that another person intends to use the reencoder to defraud. The offense of illegal use of a card scanner is a Class D felony for the first offense and any subsequent offense arising from a separate incident is a Class C felony.
This act also creates the offense of defacing a credit card reader if the person damages, defaces, alters, or destroys a scanning device and the person has no right to do so. The offense of defacing a credit card reader is a Class A misdemeanor.
This act is similar to HB 1832 (2018).