An Act to Prohibit Payment Card Skimming
Maine Legislature, Session 122, LD 0083
Committee: Criminal Justice and Public Safety
Sponsors: SNOWE-MELLO, FLETCHER, CLUKEY, DAVIS, DIAMOND, ROSEN, GERZOFSKY, MILLETT, RICHARDSON

Legislative Document 
No. 83 
S.P.23 
In Senate, January 11, 2005 
An Act to Prohibit Payment Card Skimming 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator SNOWE-MELLO of Androscoggin. 
Cosponsored by Representative FLETCHER of Winslow and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: CLUKEY of Aroostook, DAVIS of Piscataquis, DIAMOND of Cumberland, 
ROSEN of Hancock, Representatives: GERZOFSKY of Brunswick, MILLETT of Waterford, 
RICHARDSON of Skowhegan. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. I7-A MRSA c. 30 is enacted to read: 
CHAPTER 30 
PAYMENT CARD FRAUD 
§721. 
Short title 
This chapter may be known and cited as "the Anti-skimming 
~ 
§722. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
"Authorized 
card 
user" 
means 
a 
person 
with 
the 
empowerment or permission to act in the usage of a payment card. 
2. 
"Merchant" 
means 
an 
owner 
or 
operator 
of 
a 
retai_l 
mercantile 
establishment 
or 
an 
agent, 
employee, 
lessee, 
consignee, 
officer, 
director, 
franchisee 
or 
independent 
contractor of an owner or operator. 
"Merchant" means a 
Qerso~l 
who receives from an authorized card user, or someone the person 
believes to 
be 
an 
authorized card user, 
a 
payment 
card or 
information from a payment card, or what the person believes to 
be a 
payment card or information from a 
payment card, as 
th~ 
instrument 
for 
obtaining, 
purchasing 
or 
receiving 
goods, 
services, money or anything else of value from the person. 
3. 
"Payment card" means a credit card, charg!L card, debiJ;. 
card, hotel key card or store value card or any other card that 
is issued to an authorized card user that allows the user 
tQ 
obtain, purchase or receive goods, services, money or anything 
else of value from a merchant. 
4. 
encoded 
payment 
"Reencoder" 
means 
an 
electronic 
device 
that 
places 
information 
from 
the magnetic strip or 
stripe 
o[_~~ 
card onto the magnetic strip or stripe of another payment 
5. 
"Scanning device" means a scanner or reader Or any other: 
electronic device that is used to access, read, 
scan, obtainL 
Page l-LR0793(l) 
memor ize 
or 
store, 
temporarily 
or 
permanently, 
information 
encoded on the magnetic strip or stripe of a payment card. 
§723. 
Unlawful use of scanning device or reencoder 
1. 
A person is guilty of unlawful use of a scanning device 
or a reencoder if the person intentionally or knowingly uses: 
A. 
A 
scanning 
device 
without 
authorized 
card 
user 
with 
the 
authorized card user, 
the issuer 
the 
permission 
of 
intent 
to 
defraud 
of the authorized 
user's payment card or a merchant; or 
the 
the 
card 
B. 
A reencoder without the permission of the authorized 
card user with the intent to defraud the authorized card 
user, the issuer of the authorized card user's payment card 
or a merchant. 
=2~. __ ~A~~p~e~r~s~0~Il~~w~h~0~~c~·o=m==m~i~t~s~~a~_~~'~~'Q==l~a~t~i~o~n~_u=n~d~e~r~~s~u~b~s~e~c~t~i~o~r=l~l 
commi ts a Class 
C crime. 
A 2nd or subsequent violation is a 
Class B crime. 
SUMMARY 
This bill criminalizes the use of a scanning device or a 
reencoder to capture encoded information from a magnetic strip or 
stripe on a credit card, debit card or other payment card to 
place the information on another card with the intent to defraud.