(3) the offense did not result in financial loss or any other loss to any person. 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. Subd. 6. Venue. Notwithstanding anything to the contrary in Minn. Stat. § 627.01, an offense committed under subdivision 2, 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. Subd. 7. Aggregation. In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision.
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