Texas Business & Commerce Code - Section 35.58. Identity Theft By Electronic Device
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§ 35.58. IDENTITY THEFT BY ELECTRONIC DEVICE.
Text of section as added by Acts 2003, 78th Leg., ch. 649, § 1.
(a) In this section:
(1) "Payment card" means a credit card, a debit card, a
check card, or any other card that is issued to an authorized user
to purchase or obtain goods, services, money, or any other thing of
value.
(2) "Re-encoder" means an electronic device that can
be used to transfer encoded information from a magnetic strip on a
payment card onto the magnetic strip of a different payment card.
(3) "Scanning device" means an electronic device used
to access, read, scan, or store information encoded on the magnetic
strip of a payment card.
(b) A person commits an offense if the person uses a
scanning device or re-encoder to access, read, scan, store, or
transfer information encoded on the magnetic strip of a payment
card without the consent of an authorized user of the payment card
and with intent to harm or defraud another.
(c) An offense under this section is a Class B misdemeanor.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Added by Acts 2003, 78th Leg., ch. 649, § 1, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 341, §
1, see § 35.58, ante.
For text of section as added by Acts 2003, 78th Leg., ch. 1326, §
6, see § 35.58, ante.
Section: 35.531 35.54 35.55 35.56 35.57 35.58 35.58 35.58 35.581 35.581 35.585 35.59 35.591 35.60 35.61
Last modified: August 10, 2007
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