Tuesday, January 3, 2012

Identity THEIVES


Of all thefts, Identity theft is the most personal. To steal the name, the work, the prosperity, and/or the life of another is a heinous act.  I do not think the laws are nearly strong enough.



Laws about Identity Theft

According to the National Conference of State Legislation, identity theft occurs when someone uses another person's personally identifying information, like a person's name, Social Security number, or credit card number or other financial information, without permission, to commit fraud or other crimes.


Colorado 
  • Colo. Rev. Stat. §18-5-901 et seq. - Identity theft - Class 4 felony - Minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if: (a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and (b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.
  • Colo. Rev. Stat. §18-5-904 Gathering identity information by deception - Class 5 felony.



 Georgia
  • Ga. Code §16-9-120 et seq. - Attempting or conspiring to commit offense - Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy. 
  • Penalties: (a) A violation of this article, other than a violation of Code §16-9-122, shall be punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both. (b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000, or both.
  • Restitution: Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.


 Texas

  • Tex. Penal Code Ann. §32.51 - Fraudulent Use or Possession of Identifying Information - An offense under this section is:
    - 
    a state jail felony if the number of items obtained, possessed, transferred, or used is less than five.
    - 
    a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more, but less than 10.
    - 
    a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more, but less than 50.
    - 
    a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
  • Penalties-- An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by §22.04. 
  • Restitution-- If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.

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