South Dakota Code § 22-40-14

Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission--Felony
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A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user's payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user's payment card, or any merchant.

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