§ 2030. Identity theft
(a) No person shall obtain, produce, possess, use, sell, give, or transfer personal identifying
information belonging or pertaining to another person with intent to use the information
to commit a misdemeanor or a felony.
(b) No person shall knowingly or recklessly obtain, produce, possess, use, sell, give,
or transfer personal identifying information belonging or pertaining to another person
without the consent of the other person and knowingly or recklessly facilitating the
use of the information by a third person to commit a misdemeanor or a felony.
(c) For the purposes of this section, “personal identifying information” includes name,
address, birth date, Social Security number, motor vehicle personal identification
number, telephone number, financial services account number, savings account number,
checking account number, credit card number, debit card number, picture, identification
document or false identification document, electronic identification number, educational
record, health care record, financial record, credit record, employment record, e-mail
address, computer system password, or mother’s maiden name, or similar personal number,
record, or information.
(d) This section shall not apply when a person obtains the personal identifying information
belonging or pertaining to another person to misrepresent the person’s age for the
sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied
based on age.
(e) It shall be an affirmative defense to an action brought pursuant to this section,
to be proven by a preponderance of the evidence, that the person had the consent of
the person to whom the personal identifying information relates or pertains.
(f) A person who violates this section shall be imprisoned for not more than three years
or fined not more $5,000.00, or both. A person who is convicted of a second or subsequent
violation of this section involving a separate scheme shall be imprisoned for not
more than 10 years or fined not more than $10,000.00, or both. (Added 2003, No. 155 (Adj. Sess.), § 4, eff. June 8, 2004.)