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Session Laws, 1999
Volume 796, Page 2371   View pdf image
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(1) POSSESS PERSONAL IDENTIFYING INFORMATION OF ANOTHER
INDIVIDUAL WITHOUT CON
SENT OF THAT INDIVIDUAL OR INDIVIDUAL'S AGENT;

(2) OBTAIN OR AID ANOTHER PERSON IN OBTAINING PERSONAL
IDENTIFYING INFORMATION OF ANOTHER INDIVIDUAL WITHOUT THE CONSENT OF
THAT INDIVIDUAL OR INDIVIDUAL'S AGENT, AND SELL, TRANSFER OR OTHERWISE
USE THAT INFORMATION TO OBTAIN OR ATTEMPT TO OBTAIN ANY BENEFIT. CREDIT,
GOODS, SERVICES, OR OTHER THINGS OF VALUE; OR

(3) OBTAIN OR AID ANOTHER PERSON IN OBTAINING PERSONAL
IDENTIFYING INFORMATION OF ANOTHER INDIVIDUAL'S AGENT, TO AVOID
IDENTIFICATION, APPREHENSION, OR PROSECUTION.

(D) (1) A PERSON WHO VIOLATES SUBSECTION (C)(1) OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING
$5,000 OR IMPRISONMENT NOT EXCEEDING 2 YEARS OR BOTH.

(2) A PERSON WHO VIOLATES SUBSECTION (C)(2) OR (3) OF THIS SECTION
IS GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 15 YEARS OR BOTH.

(2) (3) IN ADDITION TO THE PENALTY PENALTIES PROVIDED IN
PARAGRAPH (1) PARAGRAPHS (1) AND (2) OF THIS SUBSECTION, A PERSON WHO
VIOLATES
ANY PROVISION OF THIS SECTION SHALL MAKE RESTITUTION TO THE
VICTIM WHOSE PERSONAL IDENTIFYING INFORMATION THE PERSON UNLAWFULLY
SOLD, TRANSFERRED, OR USED, PO
SSESSED OR OBTAINED IN VIOLATION OF THIS
SECTION, FOR ANY COSTS INCLUDING ATTORNEY FEES. INCURRED:

(I) IN CLEARING THE VICTIM'S CREDIT HISTORY OR CREDIT

RATING; OR

(II) IN CONNECTION WITH ANY CIVIL OR ADMINISTRATIVE
PROCEEDING TO SATISFY A DEBT, LIEN, OR OTHER OBLIGATION OF THE VICTIM THAT
ARO
SE AS A RESULT OF THE ACTIONS OF THE PERSON.

(A) IN THIS SECTION, " PERSONAL IDENTIFYING INFORMATION" MEANS THE
NAME, ADDRESS, TELEPHONE NUMBER DRIVER'S LICENSE NUMBER SOCIAL
SECURITY NUMBER PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION NUMBER
MOTHER'S MAIDEN NAME, BANK OR OTHER FINANCIAL INSTITUTION ACCOUNT
NUMBER DATE OF BIRTH, PERSONAL IDENTIFICATION NUMBER OR CREDIT CARD
NUMBER OF AN INDIVIDUAL.

(B) A PERSON MAY NOT KNOWINGLY, WILLFULLY, AND WITH FRAUDULENT
INTENT OBTAIN OR AID ANOTHER PERSON IN OBTAINING PERSONAL IDENTIFYING
INFORMATION OF AN INDIVIDUAL, WITHOUT THE CONSENT OF THAT INDIVIDUAL,
FOR THE PURPOSE OF USING THAT INFORMATION OR SELLING OR TRANSFERRING
THAT INFORMATION TO OBTAIN ANY BENEFIT, CREDIT, GOODS, SERVICES, OR
OTHER ITEM OF VALUE IN THE NAME OF THAT INDIVIDUAL.

(C) A PERSON MAY NOT KNOWINGLY AND WILLFULLY ASSUME THE IDENTITY
OF ANOTHER:


 

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Session Laws, 1999
Volume 796, Page 2371   View pdf image
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