Del. P.J.I. Crim. No. 11.903A(a)

REENCODER AND SCANNING DEVICES

In order to find Defendant guilty of Unlawful Use of a Scanning Device, you

must find the State has proved the following three (3) elements beyond a reasonable

doubt:

(1) Defendant possessed or used a scanning device to access information

encoded on the computer chip or magnetic strip of a payment card without

permission; and

(2) Defendant intended to defraud; and

(3) Defendant acted intentionally or knowingly.

“Defraud” means to acquire a gain or advantage by fraud.

“Fraud” means an intentional perversion, misrepresentation or concealment of

truth.

“Intentionally” means it was Defendant’s conscious objective or purpose to

possess or use the scanning device

“Knowingly” means Defendant was aware Defendant possessed or used the

scanning device.

“Scanning device” means a scanner, reader, or any other electronic device that

is used to access, read, scan, obtain, memorize or store, temporarily or permanently,

information encoded on the computer chip or magnetic strip or stripe of a payment

card.

“Payment Card” means a credit card, debit card, or any other card that is issued

to an authorized user and that allows the user to obtain, purchase, or receive goods,

services, money, or anything else of value.