Ask Reggi Your Question Now
Can you summarize MORS 570.223?
Robbery, Stealing and Related Offenses > Identity theft penalty restitution other civil remedies available exempted activities.
Short Summary
This legal document pertains to the offense of identity theft in Missouri. It defines identity theft as knowingly and with the intent to deceive or defraud, obtaining, possessing, transferring, using, or attempting to obtain, transfer or use means of identification not lawfully issued for one’s use. The severity of the offense depends on the value of credit, money, goods, services, or other property involved. The court may order the defendant to make restitution to the victim, including payment for costs incurred in clearing the victim’s credit history or credit rating and in connection with any civil or administrative proceeding. Additionally, the victim may seek civil damages of up to $5,000 per incident or three times the amount of actual damages, and may also institute a civil action to enjoin and restrain future acts of identity theft. The document specifies exemptions for certain activities and provides penalties for repeat offenders.
Whom does it apply to?
Any person who knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use means of identification not lawfully issued for their use
What does it govern?
Identity theft
What are exemptions?
1. Obtaining another person's identity to misrepresent age for specific purposes such as obtaining alcoholic beverages or tobacco. 2. Obtaining means of identification or information in the course of a bona fide consumer or commercial transaction. 3. Exercising a security interest or right of offset by a creditor or financial institution in good faith. 4. Complying with a warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive. 5. Engaging in conduct authorized by law.
What are the Penalties?
Class B misdemeanor, Class A misdemeanor, Class D felony, Class C felony, Class B felony, civil damages of up to $5,000 per incident or three times the amount of actual damages, reasonable attorneys' fees, class E felony for repeat offenders
Jurisdiction
Missouri