A person is guilty of identify fraud when he or she:
- obtains personal identifying information of another person, whether that person is alive or deceased; and
- knowingly and intentionally uses, or attempts to use, that information with fraudulent intent, including to obtain or attempt to obtain:
- credit;
- goods;
- services;
- employment;
- other items of value; or
- medical information.
Under this section, “personal identifying information” may include the following:
- name;
- birth date;
- address;
- telephone number;
- drivers license number;
- social security number;
- place of employment;
- employee identification numbers or other personal identification numbers;
- mother’s maiden name;
- electronic identification numbers;
- electronic signatures;
- any other numbers or information that can be used to accesses a person’s financial resources or medical information, except for numbers or information that can be prosecuted as financial
Penalties for identify fraud include:
- Third Degree Felony if value of credit, goods, services, employment or other items of value are less than $5,000; or
- Second Degree Felony if value of credit, goods, services, employment or other items of value exceeds $5,000.
Multiple violations may be treated as a single offense, for which the degree is determined by the value of the credit, goods, services, employment, or other items of value used. Additionally, the defendant will be ordered by the court to make restitution to any victim of the offense, unless the court states on record why restitution may be inappropriate.