Iowa Code 715A.10 – Illegal use of scanning device or encoding machine
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 10 years | between $1,370 and $13,660 |
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
Terms Used In Iowa Code 715A.10
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
715A.10 Illegal use of scanning device or encoding machine.
1. A person commits a class “”D”” felony if the person does any of the following:
a. Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant.
b. Directly or indirectly uses an encoding machine to place information encoded on a payment card onto a different payment card without the permission of the authorized user of the payment card from which the information was obtained, the issuer of the authorized user’s payment card, or a merchant.
2. A person commits an aggravated misdemeanor if the person possesses a scanning device with the intent to use such device to obtain information encoded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant, or possesses a scanning device with knowledge that a person other than the authorized user, the issuer of the authorized user’s payment card, or a merchant intends to use the scanning device to obtain information encoded on a payment card without the permission of the authorized user, the issuer of the authorized user’s payment card, or a merchant.
3. A second or subsequent violation of this section is a class “”C”” felony.
4. As used in this section:
a. “”Encoding machine”” means an electronic device that is used to encode information onto a payment card.
b. “”Merchant”” means an owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A “”merchant”” also includes an establishing financial institution referred to in § 527.5, or a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person 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 the person.
c. “”Payment card”” means a credit card, charge card, debit card, access device as defined in § 527.2, 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.
d. “”Scanning device”” means a scanner, reader, wireless access device, radio frequency identification scanner, an electronic device that utilizes near field communications technology, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card.
2003 Acts, ch 12, §3; 2018 Acts, ch 1011, §1; 2019 Acts, ch 59, §227
Referred to in §715C.1, 716.5
1. A person commits a class “”D”” felony if the person does any of the following:
a. Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant.
b. Directly or indirectly uses an encoding machine to place information encoded on a payment card onto a different payment card without the permission of the authorized user of the payment card from which the information was obtained, the issuer of the authorized user’s payment card, or a merchant.
2. A person commits an aggravated misdemeanor if the person possesses a scanning device with the intent to use such device to obtain information encoded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant, or possesses a scanning device with knowledge that a person other than the authorized user, the issuer of the authorized user’s payment card, or a merchant intends to use the scanning device to obtain information encoded on a payment card without the permission of the authorized user, the issuer of the authorized user’s payment card, or a merchant.
3. A second or subsequent violation of this section is a class “”C”” felony.
4. As used in this section:
a. “”Encoding machine”” means an electronic device that is used to encode information onto a payment card.
b. “”Merchant”” means an owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A “”merchant”” also includes an establishing financial institution referred to in § 527.5, or a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person 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 the person.
c. “”Payment card”” means a credit card, charge card, debit card, access device as defined in § 527.2, 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.
d. “”Scanning device”” means a scanner, reader, wireless access device, radio frequency identification scanner, an electronic device that utilizes near field communications technology, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card.
2003 Acts, ch 12, §3; 2018 Acts, ch 1011, §1; 2019 Acts, ch 59, §227
Referred to in §715C.1, 716.5