act-2002-0-62•Pennsylvania Act 2002-62 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND STATUTE OF LIMITATIONS FOR IDENTITY THEFT CIVIL CAUSE OF ACTION AND IDENTITY THEFT DAMAGES IN ACTIONS
Pennsylvania Act 2002-62 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND STATUTE OF LIMITATIONS FOR IDENTITY THEFT CIVIL CAUSE OF ACTION AND IDENTITY THEFT DAMAGES IN ACTIONS
act-2002-0-622002 Pa. Act 62Law
Act text
CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - AMEND STATUTE
OF LIMITATIONS FOR IDENTITY THEFT CIVIL CAUSE OF ACTION AND IDENTITY
THEFT DAMAGES IN ACTIONS
Act of Jun. 19, 2002, P.L. 430, No. 62 Cl. 18
Session of 2002
No. 2002-62
HB 1546
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for identity theft; and providing
for the statute of limitations for the civil cause of action
for identity theft and for damages in actions for identity
theft.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4120(a), (b), (c) and (f) of Title 18 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
§ 4120. Identity theft.
(a) Offense defined.--A person commits the offense of
identity theft of another person if he possesses or uses,
through any means, 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. However, the
total values involved in offenses under this section committed
pursuant to one scheme or course of conduct, whether from the
same victim or several victims, may be aggregated in determining
the grade of the offense.
(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.] Except as
otherwise provided in paragraph (2), an offense under
subsection (a) falls within the following classifications
depending on the value of any property or services obtained
by means of the identifying information:
(i) if the total value involved is less than $2,000,
the offense is a misdemeanor of the first degree;
(ii) if the total value involved was $2,000 or more,
the offense is a felony of the third degree;
(iii) regardless of the total value involved, if the
offense is committed in furtherance of a criminal
conspiracy as defined in section 903 (relating to
criminal conspiracy), the offense is a felony of the
third degree; or
(iv) regardless of the total value involved, if the
offense is a third or subsequent offense under this
section, the offense is a felony of the second degree.
(2) When a person commits an offense under subsection
(a) and the victim of the offense is 60 years of age or older
or a care-dependent person as defined in section 2713
(relating to neglect of care-dependent person), the grading
of the offense shall be one grade higher than specified in
paragraph (1).
* * *
(e.1) Venue.--Any offense committed under subsection (a) may
be deemed to have been committed at any of the following:
(1) The place where a person possessed or used the
identifying information of another without the other's
consent to further any unlawful purpose.
(2) The residence of the person whose identifying
information has been lost or stolen or has been used without
the person's consent.
(3) The business or employment address of the person
whose identifying information has been lost or stolen or has
been used without the person's consent, if the identifying
information at issue is associated with the person's business
or employment.
(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 or
electronic signature.
Section 2. Section 5525 of Title 42 is amended to read:
§ 5525. Four year limitation.
[The] (a) General rule.--Except as provided for in
subsection (b), the following actions and proceedings must be
commenced within four years:
(1) An action upon a contract, under seal or otherwise,
for the sale, construction or furnishing of tangible personal
property or fixtures.
(2) Any action subject to 13 Pa.C.S. § 2725 (relating to
statute of limitations in contracts for sale).
(3) An action upon an express contract not founded upon
an instrument in writing.
(4) An action upon a contract implied in law, except an
action subject to another limitation specified in this
subchapter.
(5) An action upon a judgment or decree of any court of
the United States or of any state.
(6) An action upon any official bond of a public
official, officer or employee.
(7) An action upon a negotiable or nonnegotiable bond,
note or other similar instrument in writing. Where such an
instrument is payable upon demand, the time within which an
action on it must be commenced shall be computed from the
later of either demand or any payment of principal of or
interest on the instrument.
(8) An action upon a contract, obligation or liability
founded upon a writing not specified in paragraph (7), under
seal or otherwise, except an action subject to another
limitation specified in this subchapter.
(b) Special provisions.--An action subject to section 8315
(relating to damages in actions for identity theft) must be
commenced within four years of the date of the offense or four
years from the date of the discovery of the identity theft by
the plaintiff.
Section 3. Title 42 is amended by adding a section to read:
§ 8315. Damages in actions for identity theft.
In a civil action based on identity theft as defined in 18
Pa.C.S. § 4120 (relating to identity theft), a court of
competent jurisdiction may award damages as follows:
(1) Actual damages arising from the incident or $500,
whichever is greater. Damages include loss of money,
reputation or property, whether real or personal. The court
may, in its discretion, award up to three times the actual
damages sustained, but not less than $500.
(2) Reasonable attorney fees and court costs.
(3) Additional relief the court deems necessary and
proper.
Section 4. This act shall take effect in 60 days.
APPROVED--The 19th day of June, A. D. 2002.
MARK S. SCHWEIKER
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