[§708-8100.5]  Fraudulent encoding of
a credit card.  (1)  A person commits the offense of fraudulent encoding of
a credit card if, with the intent to defraud the issuer, or another person or
organization providing money, goods, services or anything else of value, the
person:



(a) Intentionally changes, alters, erases, adds,
creates, tampers with, or manipulates a credit card number by encoding credit
card numbers onto the magnetic strip of the credit card;



(b) Knowingly uses, utters, or offers a credit card
with changed, altered, erased, added, tampered with, or manipulated
magnetically or electronically encoded credit numbers on the magnetic strip of
a credit card for the purpose of obtaining money, goods, services, or anything
else of value; or



(c) Knowingly sells, or distributes any credit card
with changed, altered, erased, added, tampered with, or manipulated
magnetically or electronically encoded credit card numbers on the magnetic
strip of the credit card.



(2)  Fraudulent encoding of a credit card is a
class B felony. [L 1993, c 287, §2]



 



COMMENTARY ON §708-8100.5



 



  Act 287, Session Laws 1993, added this section to provide
criminal sanctions for the fraudulent encoding of a credit card.  The
legislature found that criminal elements are now capable of changing the
magnetic encoding on a credit card to match a usable code and then use the card
without detection, resulting in tremendous potential loss to the State's
commerce.  The legislature further found that because this type of crime is
more serious and sophisticated than simple credit card fraud or simple theft
and the potential for economic loss is so great, classification of this offense
as a class B felony is appropriate.  Conference Committee Report No. 102.