State Codes and Statutes

Statutes > Utah > Title-76 > Chapter-06 > 76-6-506-7

76-6-506.7. Obtaining encoded information on a financial transaction card with theintent to defraud the issuer, holder, or merchant.
(1) As used in this section:
(a) "Financial transaction card" or "card" means any credit card, credit plate, bankservices card, banking card, check guarantee card, debit card, telephone credit card, or any othercard, issued by an issuer for the use of the card holder in:
(i) obtaining money, goods, services, or anything else of value on credit; or
(ii) certifying or guaranteeing to a merchant the availability to the card holder of thefunds on deposit that are equal to or greater than the amount necessary to honor a draft or checkas the instrument for obtaining, purchasing, or receiving goods, services, money, or any otherthing of value from the merchant.
(b) (i) "Merchant" means an owner or operator of any retail mercantile establishment orany agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor ofthe owner or operator.
(ii) "Merchant" also means a person:
(A) who receives from a card holder, or a third person the merchant believes to be thecard holder, a financial transaction card or information from a financial transaction card, or whatthe merchant believes to be a financial transaction card or information from a card; and
(B) who accepts the financial transaction card or information from a card underSubsection (1)(a)(ii)(A) as the instrument for obtaining, purchasing, or receiving goods, services,money, or any other thing of value from the merchant.
(c) "Reencoder" means an electronic device that places encoded information from themagnetic strip or stripe of a financial transaction card onto the magnetic strip or stripe of adifferent financial transaction card.
(d) "Scanning device" means a scanner, reader, or any other electronic device used toaccess, read, scan, obtain, memorize, or store, temporarily or permanently, information encodedon the magnetic strip or stripe of a financial transaction card.
(2) (a) A person is guilty of a third degree felony who uses:
(i) a scanning device to access, read, obtain, memorize, or store, temporarily orpermanently, information encoded on the magnetic strip or stripe of a financial transaction cardwithout the permission of the card holder and with intent to defraud the card holder, the issuer, ora merchant; or
(ii) a reencoder to place information encoded on the magnetic strip or stripe of a financialtransaction card onto the magnetic strip or stripe of a different card without the permission of theauthorized user of the card from which the information is being reencoded and with the intent todefraud the card holder, the issuer, or a merchant.
(b) Any person who has been convicted previously of an offense under Subsection (2)(a)is guilty of a second degree felony upon a second conviction and any subsequent conviction forthe offense.

Enacted by Chapter 306, 2003 General Session