502.6
. (a) Any person who knowingly, willfully, and with the intent
to defraud, possesses a scanning device, or who knowingly,
willfully, and with intent to defraud, uses a scanning device to
access, read, obtain, memorize or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card is
guilty of a misdemeanor, punishable by a term in a county jail not
to exceed one year, or a fine of one thousand dollars ($1,000), or
both the imprisonment and fine.
(b) Any person who knowingly, willfully, and with the intent to
defraud, possesses a reencoder, or who knowingly, willfully, and with
intent to defraud, uses a reencoder to place encoded information on
the magnetic strip or stripe of a payment card or any electronic
medium that allows an authorized transaction to occur, without the
permission of the authorized user of the payment card from which the
information is being reencoded is guilty of a misdemeanor, punishable
by a term in a county jail not to exceed one year, or a fine of one
thousand dollars ($1,000), or both the imprisonment and fine.
(c) Any scanning device or reencoder described in subdivision (e)
owned by the defendant and possessed or used in violation of
subdivision (a) or (b) may be seized and be destroyed as contraband
by the sheriff of the county in which the scanning device or
reencoder was seized.
(d) Any computer, computer system, computer network, or any
software or data, owned by the defendant, which is used during the
commission of any public offense described in this section or any
computer, owned by the defendant, which is used as a repository for
the storage of software or data illegally obtained in violation of
this section shall be subject to forfeiture.
(e) As used in this section, the following definitions apply:
(1) "Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information encoded
on the magnetic strip or stripe of a payment card.
(2) "Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card on to
the magnetic strip or stripe of a different payment card.
(3) "Payment card" means a credit card, debit card, or any other
card that is issued to an authorized user and that allows the user to
obtain, purchase, or receive goods, services, money, or anything
else of value.
(f) Nothing in this section shall preclude prosecution under any
other provision of law.