What is identity theft under Texas law?
Identity theft is using someone else's identifying information, such as a Social Security number, driver's license number, or bank or card details, without their knowledge or consent. Texas prosecutes it under Chapter 32 of the Penal Code, and it is also a federal crime, so a case can be brought in state court, federal court or both.
- Identity theft means using another person's identifying information without their knowledge or consent.
- Identifying information includes a name, Social Security number, birth date, driver's license number, card numbers, a PIN and bank account details.
- The Texas Attorney General says more than 25,000 Texans report being victims of identity theft every year.
- Texas prosecutes identity theft under Penal Code Chapter 32, alongside credit card abuse, forgery and criminal simulation.
- Identity theft is also a federal crime, so charges can come in state or federal court.
Identity theft comes in various forms, but essentially it comes down to using someone else’s personal identifying information without their knowledge or consent. Such identifying information includes: driver’s license number, name, Social Security number, birth date, mother’s maiden name, credit or debit card, a PIN number, or bank account information.
Is Identity Theft a Common Issue?
According to Ken Paxton, the Attorney General of Texas, “Every year more than 25,000 Texans report being victims of identity theft with thousands unaware that their information and bank accounts have been targeted. Paxton goes on to say that identity thieves use stolen information to do the following:
- Make collect calls
- Open checking accounts
- Make long-distance calls
- Make purchases with victims’ credit cards
While Paxton mentions the above crimes associated with identity theft, these examples are only the beginning. Identity thieves also use stolen information to obtain mortgages and tax refunds, to obtain Social Security numbers and driver’s licenses, and to obtain government benefits. Others use information to commit healthcare fraud and immigration fraud.
The Texas Department of Public Safety advises consumers to take the following steps when they discover they’re victims of identity theft: 1) contact the local police or sheriff’s office, 2) contact their driver license office, 3) establish a “Stolen Identity File” with the sheriff’s office, 4) notify their creditors if there have been unauthorized charges, 5) notify their bank, 6) request a new ATM card from their bank, 7) contact the Social Security Administration, 8) Contact the Federal Trade Commission, and 9) notify the U.S. passport agency.
What Texas Law Says
Identity theft is criminalized under both state and federal law. On the state level, identity theft is addressed under Title 7, Chapter 32 of the Texas Penal Code, which outlines several fraud-related crimes, such as credit card abuse, forgery, criminal simulation, and issuance of bad check among others.
If you are facing identity theft charges on the state or federal level in Dallas, we urge you to contact our firm to schedule a free consultation with Attorney Peter Barrett.
We are available 24 hours a day, 7 days a week to take your call.
Common questions
What counts as identifying information?
Examples include a driver's license number, name, Social Security number, birth date, mother's maiden name, credit or debit card numbers, a PIN, and bank account information.
Is identity theft a state or federal crime?
Both. Texas prosecutes it under Chapter 32 of the Penal Code, and federal law also makes it a crime, so a case can be brought in either court.
What do identity thieves use stolen information for?
The Texas Attorney General lists opening checking accounts, making calls and making purchases on victims' credit cards. Stolen information is also used to obtain mortgages, tax refunds, driver's licenses and government benefits, and to commit healthcare and immigration fraud.
What should I do if I am charged with identity theft in Dallas?
Talk to a criminal defense attorney before you talk to investigators. Peter Barrett offers a free consultation on state and federal identity theft charges, and the firm takes calls 24 hours a day.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.