Section 165.074 - Unlawful factoring of payment card transaction(1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:(a) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the person;(b) Employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the merchant;(c) Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;(d) Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card: (A) Without the permission of the cardholder; or(B) With the intent to defraud another person; or(e) Uses a reencoder to place encoded information from one payment card onto another payment card:(A) Without the permission of the cardholder of the payment card from which encoded information is being taken; or(B) With the intention to defraud another person.(2) Unlawful factoring of a payment card transaction is a Class C felony.(3) Notwithstanding subsection (2) of this section, unlawful factoring of a payment card transaction is a Class B felony if the person has one or more previous convictions under this section. 1991 c.398 §2; 2003 c. 383, § 2