(a) Offense defined.-- A person commits an offense if: (1) The person, with the intent to defraud another person: (i) uses a device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card or possesses a device capable of doing so; or (ii) places information encoded on the computer chip, magnetic strip or stripe or other storage mechanism of a payment card onto the computer chip, magnetic strip or stripe or other storage mechanism of a different card or possesses a device capable of doing so. (2) The person knowingly possesses, sells or delivers a device which is designed to read and store in the device's internal memory information encoded on a computer chip, magnetic strip or stripe or other storage mechanism of a payment card other than for the purpose of processing the information to facilitate a financial transaction. (b) Grading.-- (1) A first offense under subsection (a) constitutes a felony of the third degree. (2) A second or subsequent offense under subsection (a) constitutes a felony of the second degree. (c) Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Payment card." A credit card, a charge card, a debit card or another card which is issued to an authorized card user to purchase or obtain goods, services, money or another thing of value. ARTICLE D OFFENSES AGAINST THE FAMILY Chapter 43. Offenses Against the Family CHAPTER 43 OFFENSES AGAINST THE FAMILY Subchapter A. Definition of Offenses Generally B. Nonsupport (Repealed) SUBCHAPTER A DEFINITION OF OFFENSES GENERALLY Sec. 4301. Bigamy. 4302. Incest. 4303. Concealing death of child. 4304. Endangering welfare of children. 4305. Dealing in infant children. 4306. Newborn protection.
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