Penalties

(a)It is a felony of the third degree felony for a person to use:

(1)A scanning device to access, read, obtain, memorize or store, temporarily or permanently, information COL9/7/2021 CH. 43 THEFT AND RELATED OFFENSES encoded on the 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.

(2)A re-encoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being re-encoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card or a merchant.

(b)Any person who violates subparagraph (a)(1) or

(2)a second or subsequent time commits a second degree felony. ---------- COL9/7/2021