RCW 9A.56.290
Credit, payment cards—Unlawful factoring of transactions.
(1) A person commits the crime of unlawful factoring of a credit card or payment card transaction if the person:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card or with the intent to defraud the authorized user, another person, or a financial institution;
(b) Uses a reencoder to place information encoded on a payment card onto a different card without the permission of the authorized issuer of the card from which the information is being reencoded or with the intent to defraud the authorized user, another person, or a financial institution;
(c) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a credit card or payment card transaction record that is not the result of a credit card or payment card transaction between the cardholder and the person;
(d) Employs, solicits, or otherwise causes a merchant or an employee, representative, or agent of a merchant to present to or deposit with a financial institution for payment a credit card or payment card transaction record that is not the result of a credit card or payment card transaction between the cardholder and the merchant; or
(e) Employs, solicits, or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section.
(2) Normal transactions conducted by or through airline reporting corporation-appointed travel agents or cruise-only travel agents recognized by passenger cruise lines are not considered factoring for the purposes of this section.
(3) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.
(4)(a) Unlawful factoring of a credit card or payment card transaction is a class C felony.
(b) A second or subsequent violation of subsection (1) of this section is a class B felony.
[ 2003 c 119 § 4; 2003 c 52 § 2; 1993 c 484 § 2.]
NOTES:
Reviser's note: This section was amended by 2003 c 52 § 2 and by 2003 c 119 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Structure Revised Code of Washington
Title 9A - Washington Criminal Code
Chapter 9A.56 - Theft and Robbery.
9A.56.020 - Theft—Definition, defense.
9A.56.030 - Theft in the first degree.
9A.56.040 - Theft in the second degree.
9A.56.050 - Theft in the third degree.
9A.56.060 - Unlawful issuance of checks or drafts.
9A.56.063 - Making or possessing motor vehicle theft tools.
9A.56.065 - Theft of motor vehicle.
9A.56.068 - Possession of stolen vehicle.
9A.56.070 - Taking motor vehicle without permission in the first degree.
9A.56.075 - Taking motor vehicle without permission in the second degree.
9A.56.078 - Motor vehicle crimes—Civil action.
9A.56.080 - Theft of livestock in the first degree.
9A.56.083 - Theft of livestock in the second degree.
9A.56.085 - Minimum fine for theft of livestock.
9A.56.096 - Theft of rental, leased, lease-purchased, or loaned property.
9A.56.100 - Theft and larceny equated.
9A.56.110 - Extortion—Definition.
9A.56.120 - Extortion in the first degree.
9A.56.130 - Extortion in the second degree.
9A.56.140 - Possessing stolen property—Definition—Presumption.
9A.56.150 - Possessing stolen property in the first degree—Other than firearm or motor vehicle.
9A.56.160 - Possessing stolen property in the second degree—Other than firearm or motor vehicle.
9A.56.170 - Possessing stolen property in the third degree.
9A.56.180 - Obscuring the identity of a machine.
9A.56.190 - Robbery—Definition.
9A.56.200 - Robbery in the first degree.
9A.56.210 - Robbery in the second degree.
9A.56.220 - Theft of subscription television services.
9A.56.230 - Unlawful sale of subscription television services.
9A.56.240 - Forfeiture and disposal of device used to commit violation.
9A.56.250 - Civil cause of action.
9A.56.260 - Connection of channel converter.
9A.56.262 - Theft of telecommunication services.
9A.56.264 - Unlawful manufacture of telecommunication device.
9A.56.266 - Unlawful sale of telecommunication device.
9A.56.268 - Civil cause of action.
9A.56.270 - Shopping cart theft.
9A.56.280 - Credit, debit cards, checks, etc.—Definitions.
9A.56.290 - Credit, payment cards—Unlawful factoring of transactions.
9A.56.300 - Theft of a firearm.
9A.56.310 - Possessing a stolen firearm.
9A.56.320 - Financial fraud—Unlawful possession, production of instruments of.
9A.56.330 - Possession of another's identification.
9A.56.340 - Theft with the intent to resell.
9A.56.350 - Organized retail theft.
9A.56.360 - Retail theft with special circumstances.
9A.56.380 - Possession of stolen mail.
9A.56.390 - Mail theft—Possession of stolen mail—Commission of other crime.