Effective August 1, 2010, and applies to crimes committed on or after that date.
Includes use of scanning device and reencoder to acquire information from payment cards as identity theft.
Please remember that the interpretation and analysis presented here is not intended to be legal advice. If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.
CHAPTER 293–S.F.No. 2493
An actrelating to crime; including use of scanning device and reencoder to
acquire information from payment cards as identity theft;amending Minnesota
Statutes 2008, section 609.527, subdivisions 1, 6, by adding a subdivision;
Minnesota Statutes 2009 Supplement, section 388.23, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2009 Supplement, section 388.23, subdivision 1, is
amended to read:
Subdivision 1. Authority. The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production of any records of telephone companies, cellular phone companies,
paging companies, subscribers of private computer networks including Internet service
providers or computer bulletin board systems, electric companies, gas companies, water
utilities, chemical suppliers, hotels and motels, pawn shops, airlines, buses, taxis, and
other entities engaged in the business of transporting people, and freight companies,
warehousing companies, self-service storage facilities, package delivery companies, and
other entities engaged in the businesses of transport, storage, or delivery, and records of the
existence of safe deposit box account numbers and customer savings and checking account
numbers maintained by financial institutions and safe deposit companies, insurance
records relating to the monetary payment or settlement of claims, the banking, credit
card, and financial records of a subject of an identity theft investigation or a vulnerable
adult, whether held in the name of the vulnerable adult or a third party, including but not
limited to safe deposit, loan and account applications and agreements, signature cards,
statements, checks, transfers, account authorizations, safe deposit access records and
documentation of fraud, and wage and employment records of an applicant or recipient of
public assistance who is the subject of a welfare fraud investigation relating to eligibility
information for public assistance programs. Subpoenas may only be issued for records
that are relevant to an ongoing legitimate law enforcement investigation. Administrative
subpoenas may only be issued in welfare fraud and identity theft cases if there is probable
cause to believe a crime has been committed. This provision applies only to the records of
business entities and does not extend to private individuals or their dwellings.
Sec. 2. Minnesota Statutes 2008, section 609.527, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the
meanings given them in this subdivision.
(b) “Direct victim” means any person or entity described in section 611A.01,
paragraph (b) , whose identity has been transferred, used, or possessed in violation of
this section.
(c) “False pretense” means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, Web
site address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
(d) “Identity” means any name, number, or data transmission that may be used, alone
or in conjunction with any other information, to identify a specific individual or entity,
including any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver’s
license or identification number, government passport number, or employer or taxpayer
identification number;
(2) unique electronic identification number, address, account number, or routing
code; or
(3) telecommunication identification information or access device.
(e) “Indirect victim” means any person or entity described in section 611A.01,
paragraph (b) , other than a direct victim.
(f) “Loss” means value obtained, as defined in section 609.52, subdivision 1, clause
(3), and expenses incurred by a direct or indirect victim as a result of a violation of this
section.
(g) “Unlawful activity” means:
(1) any felony violation of the laws of this state or any felony violation of a similar
law of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
(h) “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 a computer chip or magnetic strip or stripe of a payment card,
driver’s license, or state-issued identification card.
(i) “Reencoder” means an electronic device that places encoded information from
the computer chip or magnetic strip or stripe of a payment card, driver’s license, or
state-issued identification card, onto the computer chip or magnetic strip or stripe of
a different payment card, driver’s license, or state-issued identification card, or any
electronic medium that allows an authorized transaction to occur.
(j) “Payment card” means a credit card, charge card, debit card, or any other card that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.
Sec. 3. Minnesota Statutes 2008, section 609.527, is amended by adding a subdivision
to read:
Subd. 5b. Unlawful possession or use of scanning device or reencoder. (a) A
person who uses a scanning device or reencoder without permission of the cardholder of
the card from which the information is being scanned or reencoded, with the intent to
commit, aid, or abet any unlawful activity, is guilty of a crime.
(b) A person who possesses, with the intent to commit, aid, or abet any unlawful
activity, any device, apparatus, equipment, software, material, good, property, or supply
that is designed or adapted for use as a scanning device or a reencoder is guilty of a crime.
(c) Whoever commits an offense under paragraph (a) or (b) may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
Sec. 4. Minnesota Statutes 2008, section 609.527, subdivision 6, is amended to read:
Subd. 6. Venue. Notwithstanding anything to the contrary in section 627.01, an
offense committed under subdivision 2 or, 5a, or 5b may be prosecuted in:
(1) the county where the offense occurred;
(2) the county of residence or place of business of the direct victim or indirect
victim; or
(3) in the case of a violation of subdivision 5a or 5b, the county of residence of the
person whose identity was obtained or sought.
Presented to the governor May 6, 2010
Signed by the governor May 10, 2010, 2:07 p.m.