Title 22, CRIMES

A person is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip or stripe or computer chip …

A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of th…

Any person who: (1) Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments; (2) Makes or possesses a…

Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by wh…

Any person who, without authority under the U.S. Constitution, federal law, or the constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate judge, a lay magistrate, a clerk of court or deputy, a juror, or other official holding auth…

No person may: (1) Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card; (2) Lend the person's tribal identification card to any other person or knowingly permit its use by another; (3) Display or represent a tribal identifi…

Terms in §§ 22-40-19 to 22-40-26 , inclusive, mean: (1) "Breach of system security," the unauthorized acquisition of unencrypted computerized data or encrypted computerized data and the encryption key by any person that materially compromises the security, confidentiality, or int…

Following the discovery by or notification to an information holder of a breach of system security an information holder shall disclose in accordance with § 22-40-22 the breach of system security to any resident of this state whose personal or protected information was, or is rea…

A notification required under § 22-40-20 may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. If the notification is delayed, the notification shall be made not later than thirty days after the law enforcement agency de…

A disclosure under § 22-40-20 may be provided by: (1) Written notice; (2) Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 in effect as of January 1, 2018, or if the information…

Notwithstanding § 22-40-22 , if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the…

If an information holder discovers circumstances that require notification pursuant to § 22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. § 1681a in effect as of January 1, 2018, and any oth…

The attorney general may prosecute each failure to disclose under the provisions of §§ 22-40-19 to 22-40-26 , inclusive, as a deceptive act or practice under § 37-24-6 . In addition to any remedy provided under chapter 37-24 , the attorney general may bring an action to recover o…

22-40-21 Delay of notice that would impede criminal investigation. 22-40-22 Types of notice of breach of system security. 22-40-23 Notice of breach of system security in accordance with information holder's policies. 22-40-24 Notice to consumer reporting agencies. 22-40-25 Prosec…

If any person, without the authorization or permission of another person and with the intent to deceive or defraud: (1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or (2) Accesses or attemp…

For the purposes of §§ 22-40-8 to 22-40-10 , inclusive, identifying information includes: (1) Birth certificate or passport information; (2) Driver's license numbers or tribal identification card information; (3) Social security or other taxpayer identification numbers; (4) Check…