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 PenaltyA 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 OffenseKnowingly 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 GradeMinor or Summary Offense 1 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
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