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

REENCODER AND SCANNING DEVICES

In order to find Defendant guilty of Unlawful Use of a Reencoder or Scanning

Device, you must find the State has proved the following three (3) elements beyond a

reasonable doubt:

(1) Defendant possessed or used a reencoder to place encoded information 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.

“Reencoder” means n electronic device that placed encoded information from

the computer chip or magnetic strip or stripe of a payment card onto the computer

chip or magnetic strip or stripe of a different payment card or electronic medium that

allows an authorized transaction to occur.

“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.