What it is...

"Identity theft" occurs when a person uses your personal identifying information without your permission (e.g., your name, address, driver's license number, Social Security number). This information may be stolen from you in any number of ways, including finding your lost wallet, discarded credit card applications, etc.  However, there are steps you can take to prevent being a victim... or to stop being one!

What you can do about it...

The Texas State Attorney General recommends that you take the following steps if you suspect you are a victim of identity theft:

• File a police report with your local law enforcement agency and keep a copy of that report. Many banks and credit agencies require such a report before they will acknowledge that a theft has occurred.
• Contact the three primary credit reporting bureaus to have a security alert or freeze placed on your report.
• Request a copy of your credit report and review it for unauthorized account activity.
• Report unauthorized charges and accounts to the appropriate credit issuers and credit bureaus immediately by phone and in writing. Cancel the accounts.
• If your wallet or purse is stolen, immediately cancel your credit and debit cards and get replacements. Put a "stop payment" on all lost or stolen checks.

"The Law" in Texas...

 

The Texas Penal Code contains three new statutes which attempt to address the problem of identity theft:

1.) "The Identity Theft Statute"

TEXAS PENAL CODE § 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.

Added by Acts 1999, 76th Leg., ch. 1159, § 1, eff. Sept. 1, 1999.  

Amended by Acts 2003, 78th Leg., ch. 1104, § 4, eff. Sept. 1, 

2003.

2.)  "Identity theft hrough your computer"

TEXAS PENAL CODE 33.02. 
BREACH OF COMPUTER SECURITY.

(a) A person commits an offense if the person knowingly accesses a

computer, computer network, or computer system without the

effective consent of the owner.

(b) A person commits an offense if the person intentionally or

knowingly gives a password, identifying code, personal

identification number, debit card number, bank account number, or

other confidential information about a computer security system to

another person without the effective consent of the person

employing the computer security system to restrict access to a

computer, computer network, computer system, or data.

(c) An offense under this section is a Class A misdemeanor unless the

actor's intent is to obtain a benefit or defraud or harm another,

in which event the offense is:

(1) a state jail felony if the value of the benefit or the amount

of the loss or harm is less than $20,000;  or

(2) a felony of the third degree if the value of the benefit or

the amount of the loss or harm is $20,000 or more.

(d) A person who is subject to prosecution under this section and any

other section of this code may be prosecuted under either or both

sections.

3.) "Identity theft through your credit card"

 TEXAS PENAL CODE § 35.58. 
IDENTITY THEFT BY ELECTRONIC DEVICE.                              

                    (a)  In this section:                                                          

                                         (1)  "Payment card" means a credit card, a debit card, a 

check card, or any other card that is issued to an authorized user 

to purchase or obtain goods, services, money, or any other thing of 

value.

                                         (2)  "Re-encoder" means an electronic device that can 

be used to transfer encoded information from a magnetic strip on a 

payment card onto the magnetic strip of a different payment card.

                                         (3)  "Scanning device" means an electronic device used 

to access, read, scan, or store information encoded on the magnetic 

strip of a payment card.

                    (b)  A person commits an offense if the person uses a 

scanning device or re-encoder to access, read, scan, store, or 

transfer information encoded on the magnetic strip of a payment 

card without the consent of an authorized user of the payment card 

and with intent to harm or defraud another.

                    (c)  An offense under this section is a Class B misdemeanor.                   

                    (d)  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.

Added by Acts 2003, 78th Leg., ch. 649, § 1, eff. Sept. 1, 2003

Civil Remedy: A Suit for Money Damages... 

TEXAS CIVIL PRACTICE AND REMEDIES CODE  § 143.001.  
CAUSE OF ACTION.  
	(a)  A person who is 
injured or whose property has been injured as a result of a 
violation under Chapter 33, Penal Code, has a civil cause of action 
if the conduct constituting the violation was committed knowingly 
or intentionally.
	(b)  A person must bring suit for damages under this section 
before the earlier of the fifth anniversary of the date of the last 
act in the course of the conduct constituting a violation under 
Chapter 33, Penal Code, or the second anniversary of the date the 
claimant first discovered or had reasonable opportunity to discover 
the violation.

Added by Acts 1989, 71st Leg., ch. 306, § 5, eff. Sept. 1, 1989.           


	§ 143.002.  DAMAGES.  A person who establishes a cause of 
action under this chapter is entitled to:
		(1)  actual damages;  and                                                     
		(2)  reasonable attorney's fees and costs.                                    

Added by Acts 1989, 71st Leg., ch. 306, § 5, eff. Sept. 1, 1989.