2C:21-6.1 Definitions relative to scanning devices, reencoders; criminal use, degree of crime.
a. Definitions. As used in this section:
(1) Merchant means any owner or operator of any store or other retail
mercantile establishment, or any agent, servant, employee, lessee,
consignee, officer, director, franchisee or independent contractor of
such owner or proprietor.
(2) Payment card means a credit card, charge card, debit card or any
other card that is issued to an authorized card user and that allows the
user to obtain, purchase, or receive goods, services, money or anything
of value from a merchant.
(3) Reencoder means 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 or any electronic medium
that allows a transaction to occur.
(4) Scanning device means a scanner, skimmer, reader or any other
electronic device 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.
b. It shall be a crime of the third degree for a person, with the intent
to defraud an authorized user of a payment card, the issuer of the
authorized users payment card or a merchant, to use:
(1) 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, without the permission of the authorized user
of the payment card; or
(2) 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 or any electronic medium that allows a transaction to
occur without the permission of the authorized user of the card from
which the information is being reencoded.
c. It shall be a crime of the fourth degree for a person to knowingly
possess with intent to commit a violation of paragraph (1) or (2) of
subsection b. of this section 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
reencoder.
L.2005,c.225,s.1.
