CHAPTER 522. IDENTITY THEFT BY ELECTRONIC DEVICE - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 11. PERSONAL IDENTITY INFORMATION

SUBTITLE B. IDENTITY THEFT

CHAPTER 522. IDENTITY THEFT BY ELECTRONIC DEVICE

Sec. 522.001. DEFINITIONS. In this chapter:

(1) "Payment card" means a credit card, debit card, check card,

or other card that is issued to an authorized user to purchase or

obtain goods, services, money, or any other thing of value.

(2) "Re-encoder" means an electronic device that can be used to

transfer encoded information from a magnetic strip on a payment

card onto the magnetic strip of a different payment card.

(3) "Scanning device" means an electronic device used to access,

read, scan, or store information encoded on the magnetic strip of

a payment card.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 522.002. OFFENSE; PENALTY. (a) A person commits an offense

if the person uses a scanning device or re-encoder to access,

read, scan, store, or transfer information encoded on the

magnetic strip of a payment card without the consent of an

authorized user of the payment card and with intent to harm or

defraud another.

(b) An offense under this section is a Class B misdemeanor.

(c) If conduct that constitutes an offense under this section

also constitutes an offense under any other law, the actor may be

prosecuted under this section or the other law.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.