22-40-14. Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission--Felony.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user's payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user's payment card, or any merchant.
Source: SL 2003, ch 131, §4; SDCL §22-30A-8.5; SL 2005, ch 120, §85; SL 2019, ch 110, §3.
Structure South Dakota Codified Laws
Section 22-40-1 - Impersonation with intent to deceive law enforcement officer--Misdemeanor.
Section 22-40-8 - Identity theft--Felony.
Section 22-40-9 - Identifying information defined.
Section 22-40-10 - Physical presence in county not necessary to commission of identity theft.
Section 22-40-11 - Reencoder and scanning device defined.
Section 22-40-12 - Unauthorized use of scanning device on payment card--Felony.
Section 22-40-13 - Unauthorized use of reencoder on payment card--Felony.
Section 22-40-15 - Making or possessing forgery or counterfeiting devices--Felony.
Section 22-40-17 - Impersonating a judicial official--Misdemeanor .
Section 22-40-18 - Misuse of tribal identification card.
Section 22-40-19 - Definition of terms in §§ 22-40-19 to 22-40-26.
Section 22-40-20 - Notice of breach of system security--Exception.
Section 22-40-21 - Delay of notice that would impede criminal investigation.
Section 22-40-22 - Types of notice of breach of system security.
Section 22-40-24 - Notice to consumer reporting agencies.
Section 22-40-25 - Prosecution for violations.
Section 22-40-26 - Notice of breach of system security in accordance with federal law.