Identity Theft Epidemic in Texas

Identity theft has become a crime of epidemic proportions.  Identity theft is an aggravated crime by definition with specific sentencing guidelines.  Texas has one of the highest rates of identity theft crimes in the U.S., ranking fourth in the country in 2005.  The penalty in Texas for identity crimes ranges from two years to life in prison. In addition to the jail sentence, a court of law may assess a fine of up to $10,000.  Civil penalties also apply.  Texas law provides that individuals found guilty of obtaining, transferring, using or possessing personal identifying information belonging to another individual without the person's consent face a maximum civil penalty of $50,000 for each violation. The minimum civil penalty is $2,000.

Identity Theft Act

SB 122, Known as the Identity Theft Enforcement and Protection Act grants the Texas Attorney General’s office more authority to file suit against those who commit identity theft, including restitution to victims and fines up to $50,000 per violation. It requires businesses to implement and exercise reasonable procedures to safeguard their clients’ information. If an information security breach occurs, they must notify Texans whose sensitive personal information was, or was reasonably believed to be, acquired by an unauthorized person.

Texas Penal Code

Each state has its own definition of this crime and for Texas; it is spelled out in the Texas Penal Code, Section 32.51.  Here is the code in its entirety:

§ 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. 

(a) In this section:

(1)  "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:|

(A)  name, social security number, date of birth, and government-issued identification number;

(B)  unique biometric data, including the individual's fingerprint, voice print, and retina or iris image;

(C)  unique electronic identification number, address, and routing code, financial institution account number; and

(D)  telecommunication identifying information or access device.

(2)  "Telecommunication access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to:

(A)  obtain money, goods, services, or other thing of value;  or

(B)  initiate a transfer of funds other than a transfer originated solely by paper instrument.

(b)  A person commits an offense if the person obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another.
(c)  An offense under this section is a state jail felony.

(d)  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.

(e)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

There are a number of additional Texas statues related to identity theft and fraud:

Texas Penal Code § 16.02, Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications.  This includes situations where someone intentionally monitors a person’s computer use in order to commit identity theft. This does not prevent a parent from monitoring a child’s computer activity or an employer from monitoring employees’ email or internet activity.

Texas Penal Code § 16.04, Unlawful Access to Stored Communications.  It is a felony crime to gain access to electronically stored material without the owner’s consent and with the intent to harm a person.

Texas Penal Code § 32.21, Forgery. It is a crime to alter a signature so that it appears to be the act of someone who did not authorize the act. This includes altering credit cards or credit card receipts and forging an account holder’s signature on a check or money transfer.

Texas Penal Code § 32.31, Credit Card or Debit Card Abuse. It is a crime to use a credit or debit card that does not belong to you.

Texas Penal Code § 32.32, False Statement to Obtain Property or Credit. It is a crime to lie in order to obtain credit or property. This includes using another person’s identity or identifying information to get credit or purchase property.

Texas Penal Code § 33.02, Breach of Computer Security. It is a crime to knowingly access a computer, computer network, or computer system without the owner’s consent. It is considered a felony if the benefit amount is in excess of $1500.