{
 "citation": "14:67.4",
 "heading": "Anti-Skimming Act",
 "doc_id": "78621",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78621",
 "classification": "F",
 "enacted_year": "2005",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "D(1)",
   "text": "D.(1) Whoever violates the provisions of Subsection C of this Section shall be imprisoned, with or without hard labor, for not more than five years, or fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(2)",
   "text": "(2) Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and a re-encoder in violation of Subsection C of this Section and with the intent to defraud shall be imprisoned, with or without hard labor, for not more than ten years, or fined not more than ten thousand dollars, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(3)",
   "text": "(3) Upon a second or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may be fined not more than twenty thousand dollars.",
   "los_min": "1Y",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:67.4\n\n\u00a767.4. Anti-Skimming Act\n\nA. This Section shall be known and may be cited as the \"Anti-Skimming Act\".\n\nB. As used in this Section, the following terms have the following meanings:\n\n(1) \"Authorized card user\" means any person with permission to use any payment\ncard to obtain, purchase, or receive goods, services, money, or anything else of value from\na merchant.\n\n(2) \"Merchant\" means an owner or operator of any retail mercantile establishment\nor any agent, employee, lessee, consignee, officer, director, franchisee, or independent\ncontractor of such owner or operator who receives from an authorized user of a payment\ncard, or someone the merchant believes to be an authorized user, a payment card or\ninformation from a payment card, or what the merchant believes to be a payment card or\ninformation from a payment card, as the instrument for obtaining, purchasing or receiving\ngoods, services, money, or anything else of value from the merchant.\n\n(3) \"Payment card\" means a credit card, charge card, debit card, hotel key card,\nstored value card, or any other card that is issued to an authorized card user and that allows\nthe user to obtain, purchase, or receive goods, services, money, or anything else of value\nfrom a merchant.\n\n(4) \"Re-encoder\" means an electronic device that places encoded information from\nthe microchip or magnetic strip or stripe of a payment card onto the microchip or magnetic\nstrip or stripe of a different payment card.\n\n(5) \"Scanning device\" means a scanner, reader, or any other electronic device that\nis used to access, read, scan, obtain, memorize, or store, temporarily or permanently,\ninformation encoded on the microchip or magnetic strip or stripe of a payment card.\n\nC. It shall be unlawful for any person to do any of the following:\n\n(1) Use a scanning device to access, read, obtain, memorize, or store, temporarily or\npermanently, information encoded on the microchip or magnetic strip or stripe of a payment\ncard without the permission of the authorized user of the payment card and with the intent\nto defraud the authorized user, the issuer of the authorized user's payment card, or a\nmerchant.\n\n(2) Use a re-encoder to place information encoded on the microchip or magnetic strip\nor stripe of a payment card onto the microchip or magnetic strip or stripe of a different card\nwithout the permission of the authorized user of the card from which the information is being\nre-encoded and with the intent to defraud the authorized user, the issuer of the authorized\nuser's payment card, or a merchant.\n\n(3) Possess a re-encoder or scanning device with the intent to defraud.\n\nD.(1) Whoever violates the provisions of Subsection C of this Section shall be\nimprisoned, with or without hard labor, for not more than five years, or fined not more than\nfive thousand dollars, or both.\n\n(2) Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and\na re-encoder in violation of Subsection C of this Section and with the intent to defraud shall\nbe imprisoned, with or without hard labor, for not more than ten years, or fined not more than\nten thousand dollars, or both.\n\n(3) Upon a second or subsequent conviction of a violation of the provisions of this\nSection, the offender shall be imprisoned, with or without hard labor, for not less than one\nyear nor more than ten years and may be fined not more than twenty thousand dollars.\n\nE. In addition to the penalties provided in Subsection D of this Section, a person\nconvicted under this Section shall be ordered to make full restitution to the victim and any\nother person who has suffered a financial loss as a result of the offence in accordance with\nCode of Criminal Procedure Article 883.2.\n\nActs 2005, No. 297, \u00a71; Acts 2008, No. 495, \u00a71; Acts 2024, No. 21, \u00a71."
}