§ 715a-10

715A.10 Illegal use of scanning device or encoding machine. 1. A person commits a class 'D' felony if the person does any of the following:a. Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permissionof the authorized user of the payment card, the issuer of the authorized user’s payment card,or a merchant. b. Directly or indirectly uses an encoding machine to place information encoded on a payment card onto a different payment card without the permission of the authorized userof the payment card from which the information was obtained, the issuer of the authorizeduser’s payment card, or a merchant. 2. A person commits an aggravated misdemeanor if the person possesses a scanning device with the intent to use such device to obtain information encoded on a paymentcard without the permission of the authorized user of the payment card, the issuer ofthe authorized user’s payment card, or a merchant, or possesses a scanning device withknowledge that a person other than the authorized user, the issuer of the authorized user’spayment card, or a merchant intends to use

s payment card, or a merchant, or possesses a scanning device withknowledge that a person other than the authorized user, the issuer of the authorized user’spayment card, or a merchant intends to use the scanning device to obtain informationencoded on a payment card without the permission of the authorized user, the issuer of theauthorized user’s payment card, or a merchant. 3. A second or subsequent violation of this section is a class 'C' felony.4. As used in this section:a. 'Encoding machine' means an electronic device that is used to encode information onto a payment card. b. 'Merchant' means an owner or operator of a retail mercantile establishment or an agent, employee, lessee, consignee, officer, director, franchisee, or independent contractorof such owner or operator. A 'merchant' also includes an establishing financial institutionreferred to in section 527.5, or a person who receives from an authorized user of a paymentcard, or someone the person believes to be an authorized user, a payment card or informationfrom a payment card, or what the person believes to be a payment card or information froma payment card, as the instrument for obtaining, purchasing, or receiving

d user, a payment card or informationfrom a payment card, or what the person believes to be a payment card or information froma payment card, as the instrument for obtaining, purchasing, or receiving goods, services,money, or anything else of value from the person. c. 'Payment card' means a credit card, charge card, debit card, access device as defined in section 527.2, or any other card that is issued to an authorized card user and that allowsthe user to obtain, purchase, or receive goods, services, money, or anything else of value froma merchant. d. 'Scanning device' means a scanner, reader, wireless access device, radio frequency identification scanner, an electronic device that utilizes near field communicationstechnology, or any other electronic device that is used to access, read, scan, obtain,memorize, or store, temporarily or permanently, information encoded on a payment card. 2003 Acts, ch 12, §3; 2018 Acts, ch 1011, §1; 2019 Acts, ch 59, §227Referred to in §715C.1, 716.5 Sat Dec 23 12:30:17 2023 Iowa Code 2024, Section 715A.10 (18, 0)