Pennsylvania Act 2000-21 — CRIMES CODE (18 PA.C.S.) - AMEND IDENTITY THEFT

Act text

CRIMES CODE (18 PA.C.S.) - AMEND IDENTITY THEFT
                  Act of May 22, 2000, P.L. 102, No. 21               Cl. 18
                             Session of 2000
                               No. 2000-21

     HB 945

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, defining the offense of identity
        theft.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 4120.  Identity theft.
        (a)  Offense defined.--A person commits the offense of
     identity theft of another person if he possesses or uses
     identifying information of another person without the consent of
     that other person to further any unlawful purpose.
        (b)  Separate offenses.--Each time a person possesses or uses
     identifying information in violation of subsection (a)
     constitutes a separate offense under this section.
        (c)  Grading.--The offenses shall be graded as follows:
            (1)  A first offense under this section is a misdemeanor
        of the first degree, and a second or subsequent offense under
        this section is a felony of the third degree.
            (2)  When a person commits an offense under subsection
        (a) and the victim of the offense is 60 years of age or
        older, the grading of the offense shall be one grade higher
        than specified in paragraph (1).
        (d)  Concurrent jurisdiction to prosecute.--In addition to
     the authority conferred upon the Attorney General by the act of
     October 15, 1980 (P.L.950, No.164), known as the Commonwealth
     Attorneys Act, the Attorney General shall have the authority to
     investigate and to institute criminal proceedings for any
     violation of this section or any series of such violations
     involving more than one county of this Commonwealth or another
     state. No person charged with a violation of this section by the
     Attorney General shall have standing to challenge the authority
     of the Attorney General to investigate or prosecute the case,
     and if any such challenge is made, the challenge shall be
     dismissed and no relief shall be made available in the courts of
     this Commonwealth to the person making the challenge.
        (e)  Use of police reports.--A report to a law enforcement
     agency by a person stating that the person's identifying
     information has been lost or stolen or that the person's
     identifying information has been used without the person's
     consent shall be prima facie evidence that the identifying
     information was possessed or used without the person's consent.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Document."  Any writing, including, but not limited to,
     birth certificate, Social Security card, driver's license,
     nondriver government-issued identification card, baptismal
     certificate, access device card, employee identification card,
     school identification card or other identifying information
     recorded by any other method, including, but not limited to,
     information stored on any computer, computer disc, computer
     printout, computer system, or part thereof, or by any other
     mechanical or electronic means.
        "Identifying information."  Any document, photographic,
     pictorial or computer image of another person, or any fact used
     to establish identity, including, but not limited to, a name,
     birth date, Social Security number, driver's license number,
     nondriver governmental identification number, telephone number,
     checking account number, savings account number, student
     identification number or employee or payroll number.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 22nd day of May, A. D. 2000.

     THOMAS J. RIDGE