1.1                          A bill for an act 
  1.2             relating to crimes; creating the crime of skimming 
  1.3             card fraud; prescribing penalties; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 609. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [609.822] [SKIMMING CARD FRAUD.] 
  1.7      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.8   following terms have the meanings given.  
  1.9      (a) "Issuer" means the financial institution or other 
  1.10  entity that issues a payment card.  
  1.11     (b) "Merchant" means a person who receives from an 
  1.12  authorized user of a payment card, or someone the person 
  1.13  believes to be an authorized user, a payment card or information 
  1.14  from a payment card, or what the person believes to be a payment 
  1.15  card or information from a payment card, as the instrument for 
  1.16  obtaining, purchasing, or receiving goods, services, money, or 
  1.17  anything else of value from the user.  
  1.18     (c) "Payment card" means a credit card, charge card, debit 
  1.19  card, or any other card that is issued to an authorized card 
  1.20  user and that allows the user to obtain, purchase, or receive 
  1.21  goods, services, money, or anything else of value from a 
  1.22  merchant.  
  1.23     (d) "Reencoder" means an electronic device that places 
  1.24  encoded information from the magnetic strip or stripe of a 
  1.25  payment card onto the magnetic strip or stripe of a different 
  2.1   payment card.  
  2.2      (e) "Scanning device" means a scanner, reader, or any other 
  2.3   electronic device that is used to access, read, scan, obtain, 
  2.4   memorize, or store, temporarily or permanently, information 
  2.5   encoded on the magnetic strip or stripe of a payment card.  
  2.6      Subd. 2.  [CRIME.] It is unlawful for a person, acting with 
  2.7   the intent to defraud an authorized user, an issuer, or a 
  2.8   merchant, to use: 
  2.9      (1) a scanning device to access, read, obtain, memorize, or 
  2.10  store, temporarily or permanently, information encoded on the 
  2.11  magnetic strip or stripe of a payment card without the 
  2.12  permission of the card's authorized user; or 
  2.13     (2) a reencoder to place information encoded on the 
  2.14  magnetic strip or stripe of a payment card onto the magnetic 
  2.15  strip or stripe of a different card without the permission of 
  2.16  the authorized user of the card from which the information is 
  2.17  being reencoded. 
  2.18     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
  2.19  commits skimming card fraud and may be sentenced as follows: 
  2.20     (1) if no money, property, or services was obtained, the 
  2.21  person may be sentenced to imprisonment for not more than 90 
  2.22  days or to payment of a fine of not more than $1,000, or both; 
  2.23  or 
  2.24     (2) if money, property, or services was obtained, the value 
  2.25  of the loss shall be determined as provided in section 609.52, 
  2.26  subdivision 1, clause (3), and the person may be sentenced as 
  2.27  provided in section 609.52, subdivision 3. 
  2.28     Sec. 2.  [EFFECTIVE DATE.] 
  2.29     Section 1 is effective August 1, 2003, and applies to 
  2.30  crimes committed on or after that date.