Subd. 5a. Crime of electronic use of false pretense to obtain identity. (a) A person who, with intent to obtain the identity of another, uses a false pretense in an email to another person or in a Web page, electronic communication, advertisement, or any other communication on the Internet, is guilty of a crime. (b) Whoever commits such offense 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. (c) In a prosecution under this subdivision, it is not a defense that: (1) the person committing the offense did not obtain the identity of another; (2) the person committing the offense did not use the identity; or (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
94
Made with FlippingBook - Online Brochure Maker