(1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:
(a) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the person;
(b) Employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the merchant;
(c) Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;
(d) Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:
(A) Without the permission of the cardholder; or
(B) With the intent to defraud another person; or
(e) Uses a reencoder to place encoded information from one payment card onto another payment card:
(A) Without the permission of the cardholder of the payment card from which encoded information is being taken; or
(B) With the intention to defraud another person.
(2) Unlawful factoring of a payment card transaction is a Class C felony.
(3) Notwithstanding subsection (2) of this section, unlawful factoring of a payment card transaction is a Class B felony if the person has one or more previous convictions under this section. [1991 c.398 §2; 2003 c.383 §2]
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