22-40-14. Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission–Felony.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user’s payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user’s payment card, or any merchant.
Source: SL 2003, ch 131, §4; SDCL §22-30A-8.5; SL 2005, ch 120, §85; SL 2019, ch 110, §3.