Possession of a Card Skimming Device

Elements

Definition of "card skimming device"

Elements

• A person who possesses a card skimming device with intent to commit:

(1) identity deception (IC 35-43-5-3.5);

(2) synthetic identity deception (IC 35-43-5-3.8);

(3) fraud (IC 35-43-5-4); or

(4) terroristic deception (IC 35-43-5-3.6);

commits unlawful possession of a card skimming device. Unlawful possession of a card skimming device under [IC 35-43-5-4.3(b)(1)], [IC 35-43-5-4.3(b)(2)], or [IC 35-43-5-4.3(b)(3)] is a Level 6 felony. Unlawful possession of a card skimming device under [IC 35-43-5-4.3(b)(4)] is a Level 5 felony.

IC 35-43-5-4.3(b)

• For more information about identity deception and synthetic identity deception, please review Identity Deception.

• For more information about fraud, please review Fraud.

• For more information about terroristic deception, please review Deception.

Definition of “card skimming device”

• As used in this section, “card skimming device” means a device that is designed to read information encoded on a credit card. The term includes a device designed to read, record, or transmit information encoded on a credit card:

(1) directly from a credit card; or

(2) from another device that reads information directly from a credit card.

IC 35-43-5-4.3(a)