Fraudulent Use or Possession of Identifying Information - Identity Theft
Under Texas Penal Code, Section 32.51, a person commits the crime of Fraudulent Use or Possession of Identifying Information (aka identity theft) if he, with intent to harm or defraud another, obtains, possesses, transfers, or uses an item of:
1. Identifying information of another person without their consent; or
2. Information concerning a deceased natural person that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or
3. Identifying information of a child younger than 18 years of age. When determining what qualifies as “identifying information,” Texas law specifies that any information that identifies a person is sufficient. Examples of “identifying information” include, but are not limited to social security cards, financial account numbers or information, and government-issued identification numbers.
How does someone know if they have “consent,” as defined under Texas law? Consent is defined under Texas Penal Code 1.07(a)(11) and must be express or apparent. The law speaks about “assent in fact,” which means there must be an actual or real agreement between the parties. In other words, assuming you have consent is not going to meet the definition of consent under Texas criminal law.
What Qualifies As “Identifying Information” Under Texas Penal Code 32.51?
In order to be charged with Fraudulent Use Or Possession of Identifying Information, the State of Texas must prove beyond a reasonable doubt that the information alleged to have been possessed or used identified the individual, including: their name and date of birth, unique data specific to that individual such as a fingerprint, voice authorization or retina/iris image, unique electronic identification numbers, addresses, routing numbers or financial account numbers; telecommunication identifying information or device; and social security number or government identification number.
How Does The State of Texas Prove Criminal Intent To Harm Or Defraud?
Texas Penal Code, Section 32.521 outlines that there is a presumption of intent to harm or defraud another if the person possesses: (1) the identifying information of three or more persons; (2) identifying information of three or more deceased persons or (3) identifying information of three or more persons or deceased persons. This presumption ONLY applies to individuals that are in possession of these items, not a business that engages in business activity.
Fines and Jail Time for Identity Theft Convictions in Texas
If you have been arrested and charged with Fraudulent Use or Possession of Identifying Information, your level of felony charge will be determined by the quantity of the identifying information that was fraudulently used or possessed:
• If the number of items obtained, possessed, transferred, or used is less than five, the crime will be classified as a State Jail Felony, punishable by a prison sentence up to 2 years in a Texas State jail facility and a $10,000 fine.
• If the number of items obtained, possessed, transferred, or used is 5 or more but less than 10, the crime will be a third-degree felony, punishable by a prison sentence up to 10 years in prison and a $10,000 fine.
• If the number of items obtained, possessed, transferred, or used is 10 or more but less than 50, the crime will be a second-degree felony, punishable by a prison sentence up to 20 years in prison and a $10,000 fine.
• If the number of items obtained, possessed, transferred, or used is 50 or more, the crime will be a first-degree felony, punishable by a prison sentence up to 99 years or life in prison and a $10,000 fine.
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00:00 How To Beat A Fraudulent Use or Possession of Identifying Information Case In texas
01:18 What Is Fraudulent Use or Possession of Identifying Information
02:11 What Is Identifying Information
02:39 What Is Consent?
04:01 How Does The State Prove "Intent"?
05:00 Punishments For Fraudulent Use or Possession of Identifying Information
07:29 What To Do If A Detective Calls You?