§ 14-113.22. Punishment and liability. - North Carolina Statutes

§ 14‑113.22.  Punishmentand liability.

(a)        A violation ofG.S.14‑113.20(a) is punishable as a Class G felony, except it ispunishable as a Class F felony if: (i) the victim suffers arrest, detention, orconviction as a proximate result of the offense, or (ii) the person is inpossession of the identifying information pertaining to three or more separatepersons.

(a1)      A violation of G.S.14‑113.20A is punishable as a Class E felony.

(a2)      The court may ordera person convicted under G.S. 14‑113.20 or G.S. 14‑113.20A to payrestitution pursuant to Article 81C of Chapter 15A of the General Statutes forfinancial loss caused by the violation to any person. Financial loss includedunder this subsection may include, in addition to actual losses, lost wages,attorneys' fees, and other costs incurred by the victim in correcting his orher credit history or credit rating, or in connection with any criminal, civil,or administrative proceeding brought against the victim resulting from themisappropriation of the victim's identifying information.

(b)        Notwithstandingsubsection (a), (a1), or (a2) of this section, any person who commits an actmade unlawful by G.S. 14‑113.20 or G.S. 14‑113.20A may also beliable for damages under G.S. 1‑539.2C.

(c)        In any case inwhich a person obtains identifying information of another person in violationof this Article, uses that information to commit a crime in addition to aviolation of this Article, and is convicted of that additional crime, the courtrecords shall reflect that the person whose identity was falsely used to committhe crime did not commit the crime. (1999‑449, s. 1; 2002‑175, ss. 6, 7; 2003‑206,s. 3.)