New Jersey Section 2C:21-6.1 – Definitions relative to scanning devices, reencoders; criminal use, degree of crime.
New Jersey recently passed a new law, Section 2C:21-6.1, that cracks down on the use of scanning devices and reencoders for criminal purposes. As a New Jersey resident, you should absolutely know about this law, cause it could land you in some hot water if you’re not careful.Let me break it down for you in simple terms, cause laws always use crazy formal language that’s hard to understand. Basically, this law makes it illegal to use or even just possess devices that can be used to steal people’s credit card or debit card information. I’m talking about skimmers, reencoders, and other gizmos that criminals use to rip off hardworking folks.Now I know what you’re thinking – this sounds kinda boring and technical. But stick with me, cause this stuff affects everyone who uses plastic to pay for stuff. Imagine some shady guy puts a skimmer on the ATM you use to get cash. Next thing you know, some crook in Russia is using your card number to buy diamonds and fast cars. Not cool, right?So here’s what the law covers specifically:
- It bans skimmers, which are devices that steal your card number and PIN when you use an ATM or gas pump. Skimmers are usually hidden cameras or card readers attached to the real equipment. Sneaky!
- It also prohibits reencoders, which can snatch card data from the magnetic stripe and program it onto a different card. So someone could steal your debit card info and encode it onto a blank card to go on a shopping spree.
- The law even includes machines called embossers that can copy the raised numbers and letters on your card onto a fake one. Pretty crazy what technology can do these days.
- And it’s not just hardware devices – the law also covers software that does similar things, like stealing card data or reproducing card numbers onto fakes.
Basically, anything that can swipe your card data or reproduce your card without permission is illegal to have or use now.I know you’re probably wondering – what if I have one of these devices but I’m not doing anything bad with it? Well, unfortunately the law doesn’t care. Just having or using the device is against the law now.The punishments get pretty harsh too:
- If the scanning device or reencoder is worth less than $500, it’s a 4th degree crime. That can get you up to 18 months in jail and $10,000 in fines.
- If the device is worth between $500-75,000, it bumps up to a 3rd degree crime. Then you’re looking at 3-5 years behind bars and up to $15,000 in fines.
- And if the device is worth more than $75,000, it’s a second degree crime with 5-10 years in prison and fines up to $150,000! Can you believe that?
I don’t know about you, but I definitely don’t want to mess around with any kind of sketchy card scanning tech. I can’t even imagine having to tell my mom I’m going to prison over a credit card skimmer!But what if you get caught with this stuff and you honestly didn’t know it was illegal? Well, there’s something called “affirmative defenses” that might help you avoid being convicted:
- You can claim you bought the device a long time ago, before the law passed, and you didn’t know it was illegal now.
- Or you could argue that you have a legitimate reason for having it, like doing security research or something.
- You could also try saying a friend asked you to hold it for them and you didn’t know what it was being used for.
Now I gotta be real with you, those defenses can be hard to prove in court. The prosecutors will dig into your story to see if it adds up. So your best bet is still just to avoid these devices altogether if you want to stay out of legal trouble.I know reading about laws isn’t anyone’s idea of fun. But Section 2C:21-6.1 is no joke. New Jersey is cracking down hard on credit card and debit card fraud. So do yourself a favor and steer clear of any tech that can steal people’s card information. It just ain’t worth risking your freedom over.And if you or someone you know ever gets caught up in a case involving scanning devices or reencoders, be sure to hit up a knowledgeable criminal defense lawyer. Having the right legal advice could make all the difference.Alright, that’s my take on New Jersey’s new anti-skimming law in plain English. Let me know if you have any other legal questions rattling around in your head. I’m always happy to break down the complicated legal mumbo jumbo into simple terms people can actually understand. Legal stuff doesn’t have to be so confusing!