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Session Laws, 1999
Volume 796, Page 2372   View pdf image
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(1) WITH FRAUDULENT INTENT TO OBTAIN ANY BENEFIT, CREDIT,
GOODS, SERVICES, OR OTHER ITEM OF VALUE;

(2) WITH FRAUDULENT INTENT TO AVOID THE PAYMENT OF A DEBT OR
OTHER LEGAL OBLIGATION; OR

(3) TO AVOID PROSECUTION FOR A CRIME.

(D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR
IMPRISONMENT IN THE PENITENTIARY NOT EXCEEDING 1 YEAR OR BOTH.

(E) IN ADDITION TO THE RESTITUTION PROVIDED UNDER § 807 OF THIS
ARTICLE, A COURT MAY ORDER A PERSON WHO PLEADS GUILTY OR NOLO
CONTENDERE OR IS FOUND GUILTY UNDER THIS SECTION TO MAKE RESTITUTION
TO THE VICTIM FOR REASONABLE COSTS INCURRED, INCLUDING REASONABLE
ATTORNEY'S FEES:

(1) FOR CLEARING THE VICTIM'S CREDIT HISTORY OR CREDIT RATING;

AND

(2) IN CONNECTION WITH ANY CIVIL OR ADMINISTRATIVE PROCEEDING
TO SATISFY A DEBT, LIEN. JUDGMENT, OR OTHER OBLIGATION OF THE VICTIM THAT
AROSE AS A RESULT OF THE VIOLATION OF THIS SECTION.

(F) A SENTENCE UNDER THIS SECTION MAY BE IMPOSED SEPARATE FROM
AND CONSECUTIVE TO OR CONCURRENT WITH A SENTENCE FOR ANY OFFENSE
BASED ON THE ACT OR ACTS ESTABLISHING THE VIOLATION OF THIS SECTION.

(3) IN ADDITION TO THE PENALTY PROVIDED IN PARAGRAPH (1) OF THIS
SUBSECTION, A PERSON WHO VIOLATES THIS SECTION IS ALSO LIABLE TO THE
VICTIM FOR LIQUIDATED DAMAGES IN AN AMOUNT NOT TO EXCEED 25 PERCENT OF
THE COSTS ENUMERATED IN PARAGRAPH (3) OF THI
S SUBSECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

Approved May 13, 1999.

CHAPTER 332
(House Bill 334)

AN ACT concerning

Fraud - Personal Identifying Information Theft

FOR the purpose of prohibiting certain persons from using an individual's personal
identifying information without the authorization of that individual for certain
purposes; prohibiting a person from assuming the identity of another for certain
purposes under certain circumstances; establishing certain penalties for a

 

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Session Laws, 1999
Volume 796, Page 2372   View pdf image
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