What counts as identity theft?
Taking another person's name or personal information, such as a driver license or Social Security number, and using it to commit fraud. That includes opening bank accounts, stealing tax refunds, ordering checks, obtaining government benefits or medical services, and giving another person's name on arrest. It can be prosecuted in state or federal court.
- Identity theft is the use of another person's identifying information to commit fraud.
- Congress made it a federal crime through the Identity Theft and Assumption Deterrence Act of 1998, amending 18 U.S.C. §1028.
- The federal offense covers knowingly transferring or using, without lawful authority, a means of identification of another person to commit or aid unlawful activity.
- In Texas it is prosecuted under Title 7, Chapter 32 of the Texas Penal Code, the fraud chapter.
- Chapter 32 also covers forgery, criminal simulation, trademark counterfeiting, credit and debit card abuse, and false statements to obtain property or credit.
What is identity theft exactly? It’s when someone takes another person’s name or their personal information, such as their driver license or Social Security number, and uses that information with the person’s permission to commit fraud, like open new bank accounts, steal tax refunds, order checks, obtain government benefits, or medical services. Sometimes, identity thieves even present another person’s name when they’re arrested.
But don’t just take our word for it. The Attorney General of Texas, Ken Paxton, explains identity theft as a crime that can happen to anyone and that it involves stealing someone’s personal information through both simple and sophisticated methods, such as stealing documents or using spyware.
If someone learns that they are a victim of identity theft, the Attorney General advises them to call the police, report the crime, and obtain a police report. They are also urged to go to the Federal Trade Commission’s webpage and report the identity theft.
Can I Face Federal Charges?
Can identity theft be charged as a federal crime? Yes, it can. Congress passed the Identity Theft and Assumption Deterrence Act of 1998, which officially listed identity theft as a federal crime. By amending 18 U.S.C. § 1028, the Act made it a federal crime to…” knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.”
Identity Theft Under Texas Law
Over the years, many state laws have been passed outlawing identity theft, so depending on the facts of the case, identity theft can be prosecuted in state or federal court. On the state level, it is prosecuted under Title 7, Chapter 32, Fraud, in the Texas Penal Code.
Texas fraud crimes under Chapter 32 include forgery, criminal simulation, trademark counterfeiting, stealing or receiving a stolen check, credit card, and debit card abuse, false statement to obtain property or credit, etc.
Common questions
Can identity theft be charged as a federal crime?
Yes. The Identity Theft and Assumption Deterrence Act of 1998 amended 18 U.S.C. Section 1028 to make it a federal offense to knowingly transfer or use, without lawful authority, a means of identification of another person to commit or aid unlawful activity.
Where is identity theft prosecuted in Texas?
Depending on the facts it can be prosecuted in state or federal court. At state level it falls under Title 7, Chapter 32 of the Texas Penal Code, the fraud chapter.
What should a victim of identity theft do?
The Attorney General of Texas advises calling the police, reporting the crime and obtaining a police report, and also reporting the theft on the Federal Trade Commission's webpage.
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.