§ 14:67.4 — Anti-Skimming Act

Louisiana § 14:67.4

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§67.4. Anti-Skimming Act
A. This Section shall be known and may be cited as the "Anti-Skimming Act".
B. As used in this Section, the following terms have the following meanings:
(1) "Authorized card user" means any person with 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 retail mercantile establishment
or any agent, employee, lessee, consignee, officer, director, franchisee, or independent
contractor of such owner or operator who receives from an authorized user of a payment
card, or someone the merchant believes to be an authorized user, a payment card or
information from a payment card, or what the merchant 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 the merchant.
(3) "Payment card" means a credit card, charge card, debit card, hotel key card,
stored value card, or any other card that is issued to an authorized card user and that allows
the 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 places encoded information from
the microchip or magnetic strip or stripe of a payment card onto the microchip or 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, or store, temporarily or permanently,
information encoded on the microchip or magnetic strip or stripe of a payment card.
C. It shall be unlawful for any person to do any of the following:
(1) Use a scanning device to access, read, obtain, memorize, or store, temporarily or
permanently, information encoded on the microchip or magnetic strip or stripe of a payment
card without the permission of the authorized user of the payment card and with the intent
to defraud the authorized user, the issuer of the authorized user's payment card, or a
merchant.
(2) Use a re-encoder to place information encoded on the microchip or magnetic strip
or stripe of a payment card onto the microchip or magnetic strip or stripe of a different card
without the permission of the authorized user of the card from which the information is being
re-encoded and with the intent to defraud the authorized user, the issuer of the authorized
user's payment card, or a merchant.
(3) Possess a re-encoder or scanning device with the intent to defraud.
D.(1) Whoever violates the provisions of Subsection C of this Section shall be
imprisoned, with or without hard labor, for not more than five years, or fined not more than
five thousand dollars, or both.
(2) Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and
a re-encoder in violation of Subsection C of this Section and with the intent to defraud shall
be imprisoned, with or without hard labor, for not more than ten years, or fined not more than
ten thousand dollars, or both.
(3) Upon a second or subsequent conviction of a violation of the provisions of this
Section, the offender shall be imprisoned, with or without hard labor, for not less than one
year nor more than ten years and may be fined not more than twenty thousand dollars.
E. In addition to the penalties provided in Subsection D of this Section, a person
convicted under this Section shall be ordered to make full restitution to the victim and any
other person who has suffered a financial loss as a result of the offence in accordance with
Code of Criminal Procedure Article 883.2.

Legislative History

Acts 2005, No. 297, §1; Acts 2008, No. 495, §1; Acts 2024, No. 21, §1.