(a) Offense defined.--A person commits an offense if, with intent to defraud or injure anyone or with knowledge that he may be facilitating a fraud or injury to be perpetrated by anyone, he:
(1) produces or traffics in device-making equipment; or
(2) possesses device-making equipment.
(b) Grading.--An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2) is a misdemeanor of the first degree.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Access device." Any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to initiate a transfer of funds.
"Device-making equipment." Any equipment, mechanism or impression designed or capable of being used for making an access device.
"Produce." Includes design, alter, authenticate, duplicate or assemble.
"Traffic." Sell, give or otherwise transfer to another or obtain control of with intent to dispose of or transfer.
(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)
1998 Amendment. Act 149 added section 4106.1.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
Section 4102 - Simulating objects of antiquity, rarity, etc
Section 4103 - Fraudulent destruction, removal or concealment of recordable instruments
Section 4104 - Tampering with records or identification
Section 4106 - Access device fraud
Section 4106.1 - Unlawful device-making equipment
Section 4107 - Deceptive or fraudulent business practices
Section 4107.1 - Deception relating to kosher food products
Section 4108 - Commercial bribery and breach of duty to act disinterestedly
Section 4109 - Rigging publicly exhibited contest
Section 4110 - Defrauding secured creditors
Section 4111 - Fraud in insolvency
Section 4112 - Receiving deposits in a failing financial institution
Section 4114 - Securing execution of documents by deception
Section 4115 - Falsely impersonating persons privately employed
Section 4116 - Copying; recording devices
Section 4116.1 - Unlawful operation of recording device in motion picture theater
Section 4117 - Insurance fraud
Section 4118 - Washing vehicle titles