New laws from Kansas and Missouri will up the penalty for ATM theft.
It is no surprise ATM thefts are still a huge problem worldwide. The reason for this is obvious: ATMs are an attractive target, and criminals are continually developing new tactics to remove, tamper or break them open to steal cash.
Law enforcement, FIs and ATM vendors have tried many different tactics to deter ATM criminals ranging from barriers to bank note inking technology.
Kansas is taking a different approach: raising the penalty for tampering with or stealing from ATMs.
Laura Kelly, the democratic governor of Kansas, has signed Senate Bill No. 483 into law, which changes the charge for stealing from an ATM to a felony.
The bill defines theft as an act such as "obtaining or exerting unauthorized control over property or services," by deception, threat or other means. Its overall goal is to increase "penalties for such crimes involving remote service units such as automated cash dispensing machines and automated teller machines."
In particular, the law raises theft of property of $100,000 to a level 5 nonperson felony. Other changes include:
A similar proposed law in Missouri, called House Bill 2127, also aims to directly address ATM theft.
With this law, if an individual causes more than $750 worth of damage to an ATM or do so while attempting to "defraud an insurer" they will face a Class E felony charge. If they also, "knowingly damage a motor vehicle of another and the damage occurs while such person is making entry into the motor vehicle for the purpose of committing the crime of stealing therein or the damage occurs while such person is committing the crime of stealing within the motor vehicle," they will face a Class C felony charge.
The charge is bumped up to a Class B felony if an individual tampers with the ATM to attempt to steal financial records of someone else through methods such as skimming.
If the individual causes more than $1,000 worth of damage to the ATM, they will be charged with a Class C felony.
When it comes to laws regarding skimming or ATM theft, state laws vary greatly. For example, in Connecticut skimming is a Class A misdemeanor while it is a Class 6 felony in Arizona.
Will these new laws cut back on ATM theft? Only time will tell.
Bradley Cooper is the editor of ATM Marketplace and was previously the editor of Digital Signage Today. His background is in information technology, advertising, and writing.
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Privacy PolicySeptember 9-11, 2024 | Charlotte, NC