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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
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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