Florida criminal charge
Use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties in Florida
Use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 817.625. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.625.
What is the penalty for use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Use of scanning or skimming device to defraud (first offense) — A person uses a scanning device or skimming device to access, read, obtain, memorize, or store payment card information without authorization and with intent to defraud.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Use of scanning or skimming device to defraud (first offense) — A person uses a scanning device or skimming device to access, read, obtain, memorize, or store payment card information without authorization and with intent to defraud.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Use of reencoder to defraud (first offense) — A person uses a reencoder to place payment card information onto a different card without authorization and with intent to defraud.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Use of reencoder to defraud (first offense) — A person uses a reencoder to place payment card information onto a different card without authorization and with intent to defraud.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Use of scanning/skimming device or reencoder to defraud (second or subsequent offense) — A person commits a second or subsequent violation of using a scanning/skimming device or reencoder to defraud as described in (2)(a)1. or (2)(a)2.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Use of scanning/skimming device or reencoder to defraud (second or subsequent offense) — A person commits a second or subsequent violation of using a scanning/skimming device or reencoder to defraud as described in (2)(a)1. or (2)(a)2.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Possession, sale, or delivery of a skimming device — A person knowingly possesses, sells, or delivers a skimming device, unless acting within official duties as specified in the exemptions.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession, sale, or delivery of a skimming device — A person knowingly possesses, sells, or delivers a skimming device, unless acting within official duties as specified in the exemptions.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Use of scanning or skimming device to defraud (first offense) | Felony of the Third Degree | A person uses a scanning device or skimming device to access, read, obtain, memorize, or store payment card information without authorization and with intent to defraud. | Fla. Stat. § 817.625(2)(a) |
| Use of reencoder to defraud (first offense) | Felony of the Third Degree | A person uses a reencoder to place payment card information onto a different card without authorization and with intent to defraud. | Fla. Stat. § 817.625(2)(a) |
| Use of scanning/skimming device or reencoder to defraud (second or subsequent offense) | Felony of the Second Degree | A person commits a second or subsequent violation of using a scanning/skimming device or reencoder to defraud as described in (2)(a)1. or (2)(a)2. | Fla. Stat. § 817.625(2)(b) |
| Possession, sale, or delivery of a skimming device | Felony of the Third Degree | A person knowingly possesses, sells, or delivers a skimming device, unless acting within official duties as specified in the exemptions. | Fla. Stat. § 817.625(2)(c) |
Common questions about use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties in Florida
Is use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.625.
Use of scanning or skimming device to defraud (first offense): Felony of the Third Degree (Fla. Stat. § 817.625(2)(a)) · Use of reencoder to defraud (first offense): Felony of the Third Degree (Fla. Stat. § 817.625(2)(a)) · Use of scanning/skimming device or reencoder to defraud (second or subsequent offense): Felony of the Second Degree (Fla. Stat. § 817.625(2)(b)) · Possession, sale, or delivery of a skimming device: Felony of the Third Degree (Fla. Stat. § 817.625(2)(c))
What are the penalties for use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties in Florida?
Penalties for use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties?
Use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties is governed by Fla. Stat. § 817.625 (Use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.