18.2-186.3 - Identity theft; penalty; restitution; victim assistance. - Virginia Statutes

§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance.

A. It shall be unlawful for any person, without the authorization orpermission of the person or persons who are the subjects of the identifyinginformation, with the intent to defraud, for his own use or the use of athird person, to:

1. Obtain, record or access identifying information which is not available tothe general public that would assist in accessing financial resources,obtaining identification documents, or obtaining benefits of such otherperson;

2. Obtain money, credit, loans, goods or services through the use ofidentifying information of such other person;

3. Obtain identification documents in such other person's name; or

4. Obtain, record or access identifying information while impersonating alaw-enforcement officer or an official of the government of the Commonwealth.

B. It shall be unlawful for any person without the authorization orpermission of the person who is the subject of the identifying information,with the intent to sell or distribute the information to another to:

1. Fraudulently obtain, record or access identifying information that is notavailable to the general public that would assist in accessing financialresources, obtaining identification documents, or obtaining benefits of suchother person;

2. Obtain money, credit, loans, goods or services through the use ofidentifying information of such other person;

3. Obtain identification documents in such other person's name; or

4. Obtain, record or access identifying information while impersonating alaw-enforcement officer or an official of the Commonwealth.

B1. It shall be unlawful for any person to use identification documents oridentifying information of another person, whether that person is dead oralive, or of a false or fictitious person, to avoid summons, arrest,prosecution or to impede a criminal investigation.

C. As used in this section, "identifying information" shall include but notbe limited to: (i) name; (ii) date of birth; (iii) social security number;(iv) driver's license number; (v) bank account numbers; (vi) credit or debitcard numbers; (vii) personal identification numbers (PIN); (viii) electronicidentification codes; (ix) automated or electronic signatures; (x) biometricdata; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers orinformation that can be used to access a person's financial resources, obtainidentification, act as identification, or obtain money, credit, loans, goodsor services.

D. Violations of this section shall be punishable as a Class 1 misdemeanor.Any violation resulting in financial loss of greater than $200 shall bepunishable as a Class 6 felony. Any second or subsequent conviction shall bepunishable as a Class 6 felony. Any violation of subsection B where five ormore persons' identifying information has been obtained, recorded, oraccessed in the same transaction or occurrence shall be punishable as a Class6 felony. Any violation of subsection B where 50 or more persons' identifyinginformation has been obtained, recorded, or accessed in the same transactionor occurrence shall be punishable as a Class 5 felony. Any violationresulting in the arrest and detention of the person whose identificationdocuments or identifying information were used to avoid summons, arrest,prosecution, or to impede a criminal investigation shall be punishable as aClass 6 felony. In any proceeding brought pursuant to this section, the crimeshall be considered to have been committed in any locality where the personwhose identifying information was appropriated resides, or in which any partof the offense took place, regardless of whether the defendant was everactually in such locality.

E. Upon conviction, in addition to any other punishment, a person foundguilty of this offense shall be ordered by the court to make restitution asthe court deems appropriate to any person whose identifying information wasappropriated or to the estate of such person. Such restitution may includethe person's or his estate's actual expenses associated with correctinginaccuracies or errors in his credit report or other identifying information.

F. Upon the request of a person whose identifying information wasappropriated, the Attorney General may provide assistance to the victim inobtaining information necessary to correct inaccuracies or errors in hiscredit report or other identifying information; however, no legalrepresentation shall be afforded such person.

(2000, c. 349; 2001, c. 423; 2003, cc. 847, 914, 918; 2004, c. 450; 2006, cc.455, 496; 2007, c. 441; 2009, cc. 314, 380.)