                                 CODE OF VIRGINIA

UNLAWFUL USE OF PAYMENT CARD SCANNING DEVICES AND RE-ENCODERS; PENALTY (§
18.2-196.1)

A. Any person who with malicious intent uses a scanning device or a re-encoder
on the payment card of another without the permission of the authorized payment
card user is guilty of a Class 1 misdemeanor.

B. Any person who violates this section and sells or distributes such
information to another is guilty of a Class 6 felony.

C. Any person who violates this section and uses such information in the
commission of another crime is guilty of a Class 6 felony.

D. For the purposes of this section:

   1. &#8220;Authorized payment card user&#8221; means any person with the
   authorization or permission to use any payment card to obtain, purchase, or
   receive goods, services, money, or anything else of value from a merchant.

   2. &#8220;Merchant&#8221; means an owner or operator of any mercantile
   establishment or any agent, employee, lessee, consignee, officer, director,
   franchisee, or independent contractor of such owner or operator who receives
   from an authorized payment card user or someone he believes to be an
   authorized payment card user, a payment card or information from a payment
   card, or what he believes to be a payment card or information from a payment
   card, as the instrument for obtaining, purchasing or receiving goods,
   services, money, or anything else of value from him.

   3. &#8220;Payment card&#8221; means a credit card, charge card, debit card,
   hotel key card, stored-value card, white plastic, or any other card containing
   encoded information that allows an authorized payment card user to obtain,
   purchase, or receive goods, services, money, or anything else of value from a
   merchant.

   4. &#8220;Re-encoder&#8221; means an electronic device that transfers encoded
   information from the magnetic strip or stripe of a payment card onto the
   magnetic strip or stripe of a different payment card.

   5. &#8220;Scanning device&#8221; means a scanner, reader, or any other
   electronic device that is used to access, read, scan, obtain, memorize,
   temporarily store, or permanently store encoded information on the magnetic
   strip or stripe of a payment card.

HISTORY: 2005, c. 166.