Text: HF00503 Text: HF00505 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 504 1 2 1 3 AN ACT 1 4 RELATING TO FRAUDULENT USE OF A CREDIT CARD, SCANNING 1 5 DEVICE, OR REENCODER, AND PROVIDING A PENALTY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 715A.6, subsection 2, Code 2003, is 1 10 amended to read as follows: 1 11 2. An offense under this section is a class"D""C" felony 1 12 if the value of the property or services secured or sought to 1 13 be secured by means of the credit card is greater thanoneten 1 14 thousand dollars. If the value of the property or services 1 15 secured or sought to be secured by means of the credit card is 1 16 greater than one thousand dollars but not more than ten 1 17 thousand dollars, an offense under this section is a class "D" 1 18 felony, otherwise the offense is an aggravated misdemeanor. 1 19 Sec. 2. Section 715A.6, Code 2003, is amended by adding 1 20 the following new subsection: 1 21 NEW SUBSECTION. 3. For purposes of this section, the 1 22 value of the property or services is the highest value of the 1 23 property or services determined by any reasonable standard at 1 24 the time the violation occurred. Any reasonable standard 1 25 includes but is not limited to market value within the 1 26 community, actual value, or replacement value. If property or 1 27 services are secured by two or more acts from the same person 1 28 or location, or from different persons by two or more acts 1 29 which occur in approximately the same location or time period 1 30 so that the acts are attributable to a single scheme, plan, or 1 31 conspiracy, the acts may be considered as a single act and the 1 32 value may be the total value of all property or services 1 33 involved. 1 34 Sec. 3. NEW SECTION. 715A.10 ILLEGAL USE OF SCANNING 1 35 DEVICE OR REENCODER. 2 1 1. A person commits a class "D" felony if the person does 2 2 any of the following: 2 3 a. Uses a scanning device to access, read, obtain, 2 4 memorize, or store, temporarily or permanently, information 2 5 encoded on the magnetic strip or stripe of a payment card 2 6 without the permission of the authorized user of the payment 2 7 card, and with the intent to defraud the authorized user, the 2 8 issuer of the authorized user's payment card, or a merchant. 2 9 b. Uses a reencoder to place information encoded on the 2 10 magnetic strip or stripe of a payment card onto the magnetic 2 11 strip or stripe of a different card without the permission of 2 12 the authorized user of the card from which the information is 2 13 being reencoded, and with the intent to defraud the authorized 2 14 user, the issuer of the authorized user's payment card, or a 2 15 merchant. 2 16 2. A second or subsequent violation of this section is a 2 17 class "C" felony. 2 18 3. As used in this section: 2 19 a. "Merchant" means an owner or operator of a retail 2 20 mercantile establishment or an agent, employee, lessee, 2 21 consignee, officer, director, franchisee, or independent 2 22 contractor of such owner or operator. A "merchant" also means 2 23 a person who receives from an authorized user of a payment 2 24 card, or someone the person believes to be an authorized user, 2 25 a payment card or information from a payment card, or what the 2 26 person believes to be a payment card or information from a 2 27 payment card, as the instrument for obtaining, purchasing, or 2 28 receiving goods, services, money, or anything else of value 2 29 from the person. 2 30 b. "Payment card" means a credit card, charge card, debit 2 31 card, or any other card that is issued to an authorized card 2 32 user and that allows the user to obtain, purchase, or receive 2 33 goods, services, money, or anything else of value from a 2 34 merchant. 2 35 c. "Reencoder" means an electronic device that places 3 1 encoded information from the magnetic strip or stripe of a 3 2 payment card onto the magnetic strip or stripe of a different 3 3 payment card. 3 4 d. "Scanning device" means a scanner, reader, or any other 3 5 electronic device that is used to access, read, scan, obtain, 3 6 memorize, or store, temporarily or permanently, information 3 7 encoded on the magnetic strip or stripe of a payment card. 3 8 3 9 3 10 3 11 CHRISTOPHER C. RANTS 3 12 Speaker of the House 3 13 3 14 3 15 3 16 MARY E. KRAMER 3 17 President of the Senate 3 18 3 19 I hereby certify that this bill originated in the House and 3 20 is known as House File 504, Eightieth General Assembly. 3 21 3 22 3 23 3 24 MARGARET THOMSON 3 25 Chief Clerk of the House 3 26 Approved , 2003 3 27 3 28 3 29 3 30 THOMAS J. VILSACK 3 31 Governor
Text: HF00503 Text: HF00505 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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