{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/18.2-196.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/18.2-196.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/18.2-196.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/18.2-196.1.html"}],"law_id":350442,"edition_id":2,"section_id":350442,"structure_id":50152,"section_number":"18.2-196.1","catch_line":"Unlawful use of payment card scanning devices and re-encoders; penalty","history":"2005, c. 166.","full_text":"A\n\nAny person who with malicious intent uses a scanning device or a re-encoder on the payment card of another without the permission of the authorized payment card user is guilty of a Class 1 misdemeanor.\n\nB\n\nAny person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.\n\nC\n\nAny person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.\n\nD\n\nFor the purposes of this section:\n\n1\n\n“Authorized payment card user” means any person with the authorization or permission to use any payment card to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.\n\n2\n\n“Merchant” means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator who receives from an authorized payment card user or someone he believes to be an authorized payment card user, a payment card or information from a payment card, or what he believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from him.\n\n3\n\n“Payment card” means a credit card, charge card, debit card, hotel key card, stored-value card, white plastic, or any other card containing encoded information that allows an authorized payment card user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.\n\n4\n\n“Re-encoder” means an electronic device that transfers encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.\n\n5\n\n“Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, temporarily store, or permanently store encoded information on the magnetic strip or stripe of a payment card.\n\n","order_by":null,"text":{"0":{"id":1305651,"text":"Any person who with malicious intent uses a scanning device or a re-encoder on the payment card of another without the permission of the authorized payment card user is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1305652,"text":"Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1305653,"text":"Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1305654,"text":"For the purposes of this section:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":1305655,"text":"“Authorized payment card user” means any person with the authorization or permission to use any payment card to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":1305656,"text":"“Merchant” means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator who receives from an authorized payment card user or someone he believes to be an authorized payment card user, a payment card or information from a payment card, or what he believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from him.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":1305657,"text":"“Payment card” means a credit card, charge card, debit card, hotel key card, stored-value card, white plastic, or any other card containing encoded information that allows an authorized payment card user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":1305658,"text":"“Re-encoder” means an electronic device that transfers encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":1305659,"text":"“Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, temporarily store, or permanently store encoded information on the magnetic strip or stripe of a payment card.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4"}},"ancestry":[{"id":50152,"edition_id":2,"name":"Offenses Relating to Credit Cards","identifier":"6","label":"article","depth":3,"order_by":7,"parent_id":50144,"metadata":{"child_laws":13,"child_structures":0},"date_created":"2026-08-02 02:23:24","date_modified":"2026-08-02 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numbers","url":"\/18.2-194\/","token":"18.2\/6\/6\/18.2-194","metadata":false},{"id":350441,"structure_id":50152,"section_number":"18.2-195","catch_line":"Credit card fraud; conspiracy; penalties","url":"\/18.2-195\/","token":"18.2\/6\/6\/18.2-195","metadata":false},{"id":350439,"structure_id":50152,"section_number":"18.2-195.1","catch_line":"Credit card factoring","url":"\/18.2-195.1\/","token":"18.2\/6\/6\/18.2-195.1","metadata":false},{"id":350440,"structure_id":50152,"section_number":"18.2-195.2","catch_line":"Fraudulent application for credit card; penalties","url":"\/18.2-195.2\/","token":"18.2\/6\/6\/18.2-195.2","metadata":false},{"id":350443,"structure_id":50152,"section_number":"18.2-196","catch_line":"Criminal possession of credit card forgery devices","url":"\/18.2-196\/","token":"18.2\/6\/6\/18.2-196","metadata":false},{"id":350442,"structure_id":50152,"section_number":"18.2-196.1","catch_line":"Unlawful use of payment card scanning devices and re-encoders; 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This law was first created in 2005. The record of its establishment is cataloged in chapter 166<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1393225,"object_type":"law","relational_id":350442,"identifier":"18.2-196.1","token":"18.2\/6\/6\/18.2-196.1","url":"\/18.2-196.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/18.2-196.1\/","token":"18.2\/6\/6\/18.2-196.1","dublin_core":{"Title":"Unlawful use of payment card scanning devices and re-encoders; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-196.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who with malicious<\/span> intent<\/span> uses a scanning device<\/span> or a re-encoder<\/span> on the payment card of another without the permission of the authorized payment card user<\/span> is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who violates this section and uses such information in the commission of another crime<\/span> is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purposes of this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “Authorized payment card user<\/span>” means any person with the authorization or permission to use any payment card to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Merchant<\/span>” means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator who receives<\/span> from an authorized payment card user<\/span> or someone he believes to be an authorized payment card user<\/span>, a payment card or information from a payment card, or what he believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving<\/span> goods, services, money, or anything else of value from him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Payment card” means a credit card<\/span>, charge card, debit card, hotel key card, stored-value card, white plastic, or any other card containing encoded information that allows an authorized payment card user<\/span> to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Re-encoder<\/span>” means an electronic device that transfers encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> “Scanning device<\/span>” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, temporarily store, or permanently store encoded information on the magnetic strip or stripe of a payment card. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL USE OF PAYMENT CARD SCANNING DEVICES AND RE-ENCODERS; PENALTY (\u00a7\n18.2-196.1)\n\nA. Any person who with malicious intent uses a scanning device or a re-encoder\non the payment card of another without the permission of the authorized payment\ncard user is guilty of a Class 1 misdemeanor.\n\nB. Any person who violates this section and sells or distributes such\ninformation to another is guilty of a Class 6 felony.\n\nC. Any person who violates this section and uses such information in the\ncommission of another crime is guilty of a Class 6 felony.\n\nD. For the purposes of this section:\n\n 1. “Authorized payment card user” means any person with the\n authorization or permission to use any payment card to obtain, purchase, or\n receive goods, services, money, or anything else of value from a merchant.\n\n 2. “Merchant” means an owner or operator of any mercantile\n establishment or any agent, employee, lessee, consignee, officer, director,\n franchisee, or independent contractor of such owner or operator who receives\n from an authorized payment card user or someone he believes to be an\n authorized payment card user, a payment card or information from a payment\n card, or what he believes to be a payment card or information from a payment\n card, as the instrument for obtaining, purchasing or receiving goods,\n services, money, or anything else of value from him.\n\n 3. “Payment card” means a credit card, charge card, debit card,\n hotel key card, stored-value card, white plastic, or any other card containing\n encoded information that allows an authorized payment card user to obtain,\n purchase, or receive goods, services, money, or anything else of value from a\n merchant.\n\n 4. “Re-encoder” means an electronic device that transfers encoded\n information from the magnetic strip or stripe of a payment card onto the\n magnetic strip or stripe of a different payment card.\n\n 5. “Scanning device” means a scanner, reader, or any other\n electronic device that is used to access, read, scan, obtain, memorize,\n temporarily store, or permanently store encoded information on the magnetic\n strip or stripe of a payment card.\n\nHISTORY: 2005, c. 166.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}