Unlawful possession or use of scanning device or reencoder; classification

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13-2110. Unlawful possession or use of scanning device or reencoder; classification

A. It is unlawful for a person to use a scanning device or reencoder without the permission of the cardholder of the credit card from which the information is being scanned or reencoded and with the intent to defraud the cardholder, the issuer or a merchant.

B. It is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud any device, apparatus, equipment, software, article, material, good, property or supply that is specifically designed or adapted for use as or in a scanning device or a reencoder.

C. Subsection B of this section does not apply to peace officers or prosecutors in the performance of their duties.

D. A person who violates this section is guilty of a class 4 felony.


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