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Virginia statute

Va. Code Ann. § 18.2-196.1 — Unlawful use of payment card scanning devices and re-encoders; penalty

Current through 2026 Regular Session

Part of Article 6: Offenses Relating to Credit Cards and Gift Cards, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-196.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-196.1Primary source, current through the 2026 Regular Session
A. Any person who with malicious intent uses a scanning device or a re-encoder on the payment card of another without the permission of the authorized payment card user is guilty of a Class 1 misdemeanor. B. Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony. C. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony. D. For the purposes of this section: 1. "Authorized payment card user" means any person with the authorization or permission to use any payment card to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. 2. "Merchant" means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator who receives from an authorized payment card user or someone he believes to be an authorized payment card user, a payment card or information from a payment card, or what he believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from him. 3. "Payment card" means a credit card, charge card, debit card, hotel key card, stored-value card, white plastic, or any other card containing encoded information that allows an authorized payment card user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. 4. "Re-encoder" means an electronic device that transfers encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. 5. "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, temporarily store, or permanently store encoded information on the magnetic strip or stripe of a payment card.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.