Virginia criminal charge
Unlawful use of payment card scanning devices and re-encoders in Virginia
Unlawful use of payment card scanning devices and re-encoders is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-196.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-196.1.
What is the penalty for unlawful use of payment card scanning devices and re-encoders in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Base offense - unauthorized use of scanning device or re-encoder — A person with malicious intent uses a scanning device or re-encoder on another's payment card without the authorized user's permission.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Base offense - unauthorized use of scanning device or re-encoder — A person with malicious intent uses a scanning device or re-encoder on another's payment card without the authorized user's permission.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Selling or distributing scanned information — A person violates this section and sells or distributes the obtained payment card information to another.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Selling or distributing scanned information — A person violates this section and sells or distributes the obtained payment card information to another.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Using scanned information in commission of another crime — A person violates this section and uses the obtained payment card information in the commission of another crime.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Using scanned information in commission of another crime — A person violates this section and uses the obtained payment card information in the commission of another crime.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is unlawful use of payment card scanning devices and re-encoders classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense - unauthorized use of scanning device or re-encoder | Class 1 Misdemeanor | A person with malicious intent uses a scanning device or re-encoder on another's payment card without the authorized user's permission. | Va. Code Ann. § 18.2-196.1A |
| Selling or distributing scanned information | Class 6 Felony | A person violates this section and sells or distributes the obtained payment card information to another. | Va. Code Ann. § 18.2-196.1B |
| Using scanned information in commission of another crime | Class 6 Felony | A person violates this section and uses the obtained payment card information in the commission of another crime. | Va. Code Ann. § 18.2-196.1C |
Common questions about unlawful use of payment card scanning devices and re-encoders in Virginia
Is unlawful use of payment card scanning devices and re-encoders a felony or a misdemeanor in Virginia?
It depends on the circumstances: unlawful use of payment card scanning devices and re-encoders ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-196.1.
Base offense - unauthorized use of scanning device or re-encoder: class 1 misdemeanor (Va. Code Ann. § 18.2-196.1A) · Selling or distributing scanned information: class 6 felony (Va. Code Ann. § 18.2-196.1B) · Using scanned information in commission of another crime: class 6 felony (Va. Code Ann. § 18.2-196.1C)
What are the penalties for unlawful use of payment card scanning devices and re-encoders in Virginia?
Penalties for unlawful use of payment card scanning devices and re-encoders in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers unlawful use of payment card scanning devices and re-encoders?
Unlawful use of payment card scanning devices and re-encoders is governed by Va. Code Ann. § 18.2-196.1 (Unlawful use of payment card scanning devices and re-encoders; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.