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What Charges Can I Face for Credit Card “Skimming” in Orange County?
Credit card “skimming,” which is using a device to acquire credit or debit card and personal information from a gas pump or ATM, is a serious offense in California, and credit card skimming in Orange County can result in a lengthy jail sentence.
Usually, credit card skimming is accomplished by someone who gains access to an ATM, gas pump or another device in which people swipe their debit/credit card. The skimmer is a device attached to or installed in the card reader that collects the information contained on the card’s magnetic strip, including card numbers, security codes, pin numbers, and other information.
This information is used to make unauthorized purchases on the card or make counterfeit cards containing the stolen information. Sometimes, the information will be sold to others over the Internet for them to use.
California has a specific law that makes credit card skimming a crime. California Penal Code Section 502.6 states that:
Any person who knowingly, willfully, and with the intent to defraud, possesses a scanning device, or who knowingly, willfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of one thousand dollars ($1,000), or both the imprisonment and fine.
You can face up to one year in jail just for possessing or using a skimming device. However, using or selling the information credit/debit card acquired from a skimmer can subject you to prosecution for a whole range of California credit card fraud and debit card fraud crimes, including violations of:
If you have been accused of a crime involving the use of a credit card skimmer in Orange County, please give one of our experienced Orange County criminal defense lawyers a call as soon as possible. (Also see our article about check fraud vs. credit card fraud under California law.)
About the Author
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.