Is Using a Credit Card Skimmer Property Theft or Identity Theft?

A credit card skimmer is a device that people install on machines that read cards, like ATMs or gas pumps, in order to steal information from the card’s magnetic strip. One of the more technologically sophisticated methods of credit card theft, skimmers are becoming more and more popular thanks to their unassuming appearance and the ease with which they can be used.

Stealing credit card information with a skimmer is clearly theft, but is it just property theft, or can using a credit card skimmer get you in trouble for identity theft?

Credit Card Skimming Is Identity Theft – Penalties

Credit card skimming can be seen as both property theft and identity theft.

The law describes identity theft as obtaining, possessing, or using the identity of another individual (regardless of their age or whether they are alive or dead) with the intent to harm or defraud someone. Identity theft is a felony, with variable penalties depending on the extent to which the defendant took the crime.

• State Jail Felony Identity Theft. The number of items obtained, possessed or transferred by the defendant is less than five. Sentence of 180 days to two years in state prison and/or a fine of up to $10,000.
• Third Degree Felony Identity Theft. The number of items obtained, possessed or transferred is between five and 10. Sentence of two to 10 years in state prison and/or a fine of up to $10,000.
• Second Degree Felony Identity Theft. The number of items obtained, possessed or transferred is between 10 and 49. Two to 20 years in state prison and/or a fine of up to $10,000.
• First Degree Felony Identity Theft. The number of items obtained possessed or transferred is 50 or more. Penalties of five to 99 years in state prison and/or a fine of up to $10,000.