Sec. 53-388a. Unlawful use or possession of scanning device or reencoder. Civil action by Attorney General. Penalties.
Sec. 53-388a. Unlawful use or possession of scanning device or reencoder.
Civil action by Attorney General. Penalties. (a) As used in this section:
(1) "Scanning device" means a scanner, reader or any other electronic device that
is used to access, read, scan, obtain, memorize or temporarily or permanently store
information encoded on a computer chip or a magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded information from
a computer chip or a magnetic strip or stripe of a payment card onto a computer chip
or a magnetic strip or stripe of a different payment card or any electronic medium that
allows an authorized transaction to occur.
(3) "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 else of value from a merchant.
(4) "Merchant" means a person who receives, from an authorized user of a payment
card or from someone the person reasonably believes to be such an authorized user, a
payment card or information from a payment card or what the person reasonably believes
to be a payment card or information from a payment card, as an instrument for obtaining,
purchasing or receiving goods, services, money or anything else of value from the
person.
(b) No person shall use a scanning device to access, read, obtain, memorize or
temporarily or permanently store information encoded on a computer chip or a magnetic
strip or stripe of a payment card without the permission of the authorized user of the
payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card or a merchant.
(c) No person shall use a reencoder to place information encoded on a computer
chip or a magnetic strip or stripe of a payment card onto a computer chip or a magnetic
strip or stripe of a different card without the permission of the authorized user of the
card from which the information is being reencoded and with the intent to defraud the
authorized user, the issuer of the authorized user's payment card or a merchant.
(d) The Attorney General may institute a civil proceeding in Superior Court against
any person who violates subsection (b) or (c) of this section.
(e) Any person who violates the provisions of subsection (b) or (c) of this section
shall be fined not more than ten thousand dollars and imprisoned not less than one year
or more than ten years, or both.
(f) No person shall possess a scanning device or reencoder under circumstances
manifesting an intent to use the same in the commission of a violation of subsection (b)
or (c) of this section.
(g) Any person who violates subsection (f) of this section shall be guilty of a class
A misdemeanor.
(P.A. 06-60, S. 1.)