A BILL TO BE ENTITLED
AN ACT to prevent identity theft through unlawful use of scanning devices.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 114‑113.8 is amended by adding a new subdivision to read:
"(10)	Scanning Device. – "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a financial transaction card."
SECTION 2.  G.S. 114‑119.9(a) reads as rewritten:
"(a)	A person is guilty of financial transaction card theft when:
(1)	He takes, obtains or withholds a financial transaction card from the person, possession, custody or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained or withheld, receives the financial transaction card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder; or
(2)	He receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder; or
(3)	He, not being the issuer, sells a financial transaction card  or buys a financial transaction card from a person other than the issuer; or
(4)	He, not being the issuer, during any 12‑month period, receives financial transaction cards issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of G.S. 14‑113.13(a)(3) and subdivision (3) of subsection (a) of this section; or
(5)	He uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a financial institution transaction card without the permission of the authorized user of the financial institution transaction card with the intent to defraud the authorized user, the issuer of the authorized user's financial transaction card, or a merchant."
SECTION 3.  This act becomes effective December 1, 2002, and applies to offenses committed on or after that date.