1. (1) Except as provided in subsection (2) of this section, a person is guilty of a class C felony if the person intentionally possesses, or reads or captures remotely using radio waves, information contained on another person's identification document, including the unique personal identifier number encoded on the identification document, without that person's express knowledge or consent.

2. (2) This section does not apply to:

   1. (a) A person or entity that reads an identification document to facilitate border crossing;
   2. (b) A person or entity that reads a person's identification document in the course of an act of good faith security research, experimentation, or scientific inquiry including, but not limited to, activities useful in identifying and analyzing security flaws and vulnerabilities; or

   3. (c) A person or entity that unintentionally reads an identification document remotely in the course of operating its own radio frequency identification system, provided that the inadvertently received information:

      1. (i) Is not disclosed to any other party;
      2. (ii) Is not used for any purpose; and
      3. (iii) Is not stored or is promptly destroyed.

[ 2008 c 200 s 3.]