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Offense

Card Skimming

Cyber and Technology-Enabled Offenses

The act of illegally capturing the magnetic-stripe or chip data from a payment card, typically using a concealed electronic device, known as a skimmer, installed over or inside a legitimate card reader such as an automated teller machine, a fuel pump or a point-of-sale terminal, often paired with a hidden camera or a fraudulent keypad overlay to also capture the card's personal identification number. The captured card data is generally either sold to other criminals or used to manufacture a cloned physical card or make fraudulent transactions, and skimming is documented by the payment card industry and law enforcement agencies including the United States Secret Service as a significant, persistent source of card-present fraud, prompting the industry-wide rollout of the EMV chip standard, which is substantially more difficult to clone than a magnetic stripe, though a magnetic stripe is frequently retained as a fallback and remains a target.

Facts
Typical Penalty
A fine under title 18 or imprisonment of not more than 10 years, or both, for offenses under paragraph (1), (2), (3), (6), (7) or (10) of subsection (a) 1
Elements of Offense
Knowingly and with intent to defraud producing, using or trafficking in counterfeit access devices, or possessing fifteen or more counterfeit or unauthorized access devices (18 U.S.C. 1029) 1
Classification
Offense Grade
Minor or Summary Offense 1
Connections

Has Offense Grade

Sources
1. 18 U.S. Code 1029 - Fraud and related activity in connection with access devices
  • Subsection (a)(3)
    knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices
  • Subsection (c)(1)(A)(i)
    if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both
View the Source
18 U.S. Code section 1029 (Cornell LII)
Cornell Law School, Legal Information InstituteIn Group: Online Fraud and Payment Card Crime, Statute text
Quote, In Group: Online Fraud and Payment Card Crime, Statute text
Whoever, (1) knowingly and with intent to defraud produces , uses, or traffics in one or more counterfeit access devices ;
View the Source
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