Okla. Stat. tit. 21, § 21-1550.27

— Penalties.

A. A person, with intent to defraud:

1. A purported issuer;

2. A person or organization providing money, goods, services or

anything else of value; or

3. Any other person,

who falsely makes, clones, or alters a purported credit, debit, or

similar card containing a magnetic stripe capable of storing data,

in any form, either physically or digitally, from what the original

issuer placed on the card or utters such a card is guilty of a

felony.

B. 1. A person other than the purported issuer who possesses

any credit, debit, or similar card containing a magnetic stripe

capable of storing data, which is falsely made, cloned, or altered

in any form, either physically or digitally from what the issuer

routinely incorporates, is presumed to have violated this section.

2. The possession of three or more credit, debit, or similar

cards containing magnetic stripes capable of storing data containing

cloned or altered data simultaneously shall create a rebuttable

Oklahoma Statutes - Title 21. Crimes and Punishments Page 729

presumption that the person is possessing such cards with the intent

to defraud, for purposes of this section.

C. A person "falsely makes" a credit, debit, or similar card

containing a magnetic stripe capable of storing data when the person

marks, alters, or stores information in whole or in part, in a

physical or digital format, on a device or instrument which can

function as a credit, debit, or similar card of an issuer but which

is not such a card because the issuer did not authorize the marks,

alterations, or stored information, or when the person alters a

credit, debit, or similar card containing a magnetic stripe capable

of storing data which was originally authorized and issued,

including, but not limited to, when a person manipulates information

included on an electronic magnetic stripe or chip contained on a

card.

D. A person in violation of the provisions of this section,

while in possession of:

1. Five or fewer falsely made cards shall, upon conviction, be

guilty of a felony punishable by imprisonment in the custody of the

Department of Corrections for a term of not less than two (2) years

and not more than five (5) years, and by a fine not to exceed Five

Thousand Dollars ($5,000.00);

2. Six or more but less than twenty (20) falsely made cards

shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for a

term of not less than five (5) years and not more than ten (10)

years, and by a fine not to exceed Ten Thousand Dollars

($10,000.00); and

3. Twenty or more falsely made cards shall, upon conviction, be

guilty of a felony punishable by imprisonment in the custody of the

Department of Corrections for a term of not less than ten (10) years

and not more than twenty (20) years, and by a fine not to exceed One

Hundred Thousand Dollars ($100,000.00).