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Can you summarize Tex. Penal Section 32.51?
OTHER DECEPTIVE PRACTICES > FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
Short Summary
This section of the Texas Penal Code addresses the fraudulent use or possession of identifying information. It defines ‘identifying information’ as information that alone or in conjunction with other information identifies a person, including their name, date of birth, unique biometric data, electronic identification number, telecommunication identifying information, and social security number. It is an offense for a person to obtain, possess, transfer, or use another person’s identifying information without their consent or legal authorization, or to possess identifying information of a deceased person or a child under 18 years of age. The law establishes different degrees of felony charges based on the number of items involved. There is a presumption of intent to harm or defraud another if the actor possesses identifying information of three or more other persons or deceased persons. However, this presumption does not apply to businesses, commercial entities, or government agencies engaged in lawful activities. The court may order restitution to the victim, including reimbursement for lost income or other expenses. If the conduct also violates other laws, the actor may be prosecuted under this section, the other law, or both.
Whom does it apply to?
Any person who obtains, possesses, transfers, or uses identifying information without consent or legal authorization
What does it govern?
Fraudulent use or possession of identifying information
What are exemptions?
The presumption of intent to harm or defraud another does not apply to a business or other commercial entity or a government agency engaged in a lawful business activity or governmental function.
What are the Penalties?
State jail felony, felony of the third degree, felony of the second degree, or felony of the first degree depending on the number of items obtained, possessed, transferred, or used.
Jurisdiction
Texas