1. A person is guilty of misuse of a scanning device or a reencoder if the person intentionally or knowingly uses a scanning device or a reencoder without the permission of the authorized payment card user whose card information is scanned or reencoded and with the intent to defraud or deceive the authorized payment card user, the issuer of the authorized payment card user's payment card or another person. [PL 2005, c. 72, §1 (NEW).] 2. As used in this section, the following terms have the following meanings. A. "Authorized payment card user" means a person with the authority or permission to use a payment card. [PL 2005, c. 72, §1 (NEW).] B. "Payment card" means a credit card, charge card, debit card, hotel key card or stored value card or any other card that is issued to an authorized payment card user that allows the user to obtain, purchase or receive goods, services, money or anything else of value. [PL 2005, c. 72, §1 (NEW).] C. "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of another payment card or any electronic medium that allows an authorized transaction to occur. [PL 2005, c. 72, §1 (NEW).] D. "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card. [PL 2005, c. 72, §1 (NEW).] [PL 2005, c. 72, §1 (NEW).] 3. Misuse of a scanning device or a reencoder is a Class D crime. [PL 2005, c. 72, §1 (NEW).]
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