§ 12.1-23-19 — Use and possession of re-encoders and scanning devices - Penalty

1. An individual is guilty of a class B felony if the individual uses or attempts to use a
skimmer, re-encoder, or a scanning device to obtain information from a payment card,
driver's license, or state-issued identification card without the permission of the
authorized card user of the card from which the information is being skimmed,
re-encoded, or scanned. An individual convicted of a second or subsequent violation of
this subsection is guilty of a class A felony and also is subject to a civil penalty of not
more than one hundred thousand dollars.
2. An individual is guilty of a class A misdemeanor if the individual owns or possess a
skimmer, re-encoder, or scanning device with the intent to commit, aid, or abet any
unlawful activity.