Nevada Revised Statutes 205.605 – Using scanning device or reencoder to defraud
1. A person shall not:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| category C felony | 1 to 5 years | up to $10,000 |
Terms Used In Nevada Revised Statutes 205.605
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(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 C felony and shall be punished as provided in NRS 193.130.
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.