205.605 - Using scanning device or reencoder to defraud. - Nevada Statutes

205.605  Using scanning device or reencoder to defraud.

      1.  A person shall not:

      (a) Use 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:

             (1) Without the permission of the authorized user of the payment card; and

             (2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.

      (b) Use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card:

             (1) Without the permission of the authorized user of the card from which the information is being reencoded; and

             (2) With the intent to defraud the authorized user, the issuer of the payment card or any other person.

      2.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      3.  In addition to any other penalty, the court shall order a person who violates any provision of this section to pay restitution, including, without limitation, any attorney’s fees and costs incurred to:

      (a) Repair the credit history or rating of each person who is a victim of the violation; and

      (b) Satisfy a debt, lien or other obligation incurred by each person who is a victim of the violation.

      (Added to NRS by 2003, 1354)