PRINTER'S NO. 2709
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1918
Session of
2017
INTRODUCED BY PHILLIPS-HILL, BARBIN, BARRAR, BOBACK, CHARLTON,
DeLUCA, FEE, HARKINS, IRVIN, KEEFER, MARSICO, MILLARD,
B. MILLER, O'NEILL, ORTITAY, PASHINSKI, PICKETT, READSHAW,
ROZZI, SAYLOR, WARD, WATSON, WHEELAND AND GILLESPIE,
NOVEMBER 15, 2017
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 15, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in forgery and fraudulent practices,
providing for the offense of possession and use of unlawful
devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 4121. Possession and use of unlawful devices.
(a) Offense defined.--A person commits an offense if:
(1) The person, with the intent to defraud another
person:
(i) uses a device to access, read, obtain, memorize
or store, temporarily or permanently, information encoded
on the computer chip, magnetic strip or stripe or other
storage mechanism of a payment card or possesses a device
capable of doing so; or
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(ii) places information encoded on the computer
chip, magnetic strip or stripe or other storage mechanism
of a payment card onto the computer chip, magnetic strip
or stripe or other storage mechanism of a different card
or possesses a device capable of doing so.
(2) The person knowingly possesses, sells or delivers a
device which is designed to read and store in the device's
internal memory information encoded on a computer chip,
magnetic strip or stripe or other storage mechanism of a
payment card other than for the purpose of processing the
information to facilitate a financial transaction.
(b) Grading.--
(1) A first offense under subsection (a) constitutes a
felony of the third degree.
(2) A second or subsequent offense under subsection (a)
constitutes a felony of the second degree.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Payment card." A credit card, a charge card, a debit card
or another card which is issued to an authorized card user to
purchase or obtain goods, services, money or another thing of
value.
Section 2. This act shall take effect in 60 days.
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