§ 4106.1.  Unlawful device-making equipment.

(a)  Offense defined.--A person commits an offense if, with intent to defraud or injure anyone or with knowledge that he may be facilitating a fraud or injury to be perpetrated by anyone, he:

(1)  produces or traffics in device-making equipment; or

(2)  possesses device-making equipment.

(b)  Grading.--An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2) is a misdemeanor of the first degree.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Access device."  Any card, including, but not limited to, a credit card, debit card and automated teller machine card, plate, code, account number, personal identification number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or anything else of value or that can be used to initiate a transfer of funds.

"Device-making equipment."  Any equipment, mechanism or impression designed or capable of being used for making an access device.

"Produce."  Includes design, alter, authenticate, duplicate or assemble.

"Traffic."  Sell, give or otherwise transfer to another or obtain control of with intent to dispose of or transfer.


(Dec. 21, 1998, P.L.1103, No.149, eff. 60 days)


1998 Amendment.  Act 149 added section 4106.1.