570.223. 1. A person commits the crime of identity theft if he orshe knowingly and with the intent to deceive or defraud obtains, possesses,transfers, uses, or attempts to obtain, transfer or use, one or more meansof identification not lawfully issued for his or her use.
2. The term "means of identification" as used in this sectionincludes, but is not limited to, the following:
(1) Social Security numbers;
(2) Drivers license numbers;
(3) Checking account numbers;
(4) Savings account numbers;
(5) Credit card numbers;
(6) Debit card numbers;
(7) Personal identification (PIN) code;
(8) Electronic identification numbers;
(9) Digital signatures;
(10) Any other numbers or information that can be used to access aperson's financial resources;
(11) Biometric data;
(12) Fingerprints;
(13) Passwords;
(14) Parent's legal surname prior to marriage;
(15) Passports; or
(16) Birth certificates.
3. A person found guilty of identity theft shall be punished asfollows:
(1) Identity theft or attempted identity theft which does not resultin the theft or appropriation of credit, money, goods, services, or otherproperty is a class B misdemeanor;
(2) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property not exceeding fivehundred dollars in value is a class A misdemeanor;
(3) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five hundreddollars and not exceeding five thousand dollars in value is a class Cfelony;
(4) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five thousanddollars and not exceeding fifty thousand dollars in value is a class Bfelony;
(5) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding fifty thousanddollars in value is a class A felony.
4. In addition to the provisions of subsection 3 of this section, thecourt may order that the defendant make restitution to any victim of theoffense. Restitution may include payment for any costs, including attorneyfees, incurred by the victim:
(1) In clearing the credit history or credit rating of the victim;and
(2) In connection with any civil or administrative proceeding tosatisfy any debt, lien, or other obligation of the victim arising from theactions of the defendant.
5. In addition to the criminal penalties in subsections 3 and 4 ofthis section, any person who commits an act made unlawful by subsection 1of this section shall be liable to the person to whom the identifyinginformation belonged for civil damages of up to five thousand dollars foreach incident, or three times the amount of actual damages, whicheveramount is greater. A person damaged as set forth in subsection 1 of thissection may also institute a civil action to enjoin and restrain futureacts that would constitute a violation of subsection 1 of this section.The court, in an action brought under this subsection, may award reasonableattorneys' fees to the plaintiff.
6. If the identifying information of a deceased person is used in amanner made unlawful by subsection 1 of this section, the deceased person'sestate shall have the right to recover damages pursuant to subsection 5 ofthis section.
7. Civil actions under this section must be brought within five yearsfrom the date on which the identity of the wrongdoer was discovered orreasonably should have been discovered.
8. Civil action pursuant to this section does not depend on whether acriminal prosecution has been or will be instituted for the acts that arethe subject of the civil action. The rights and remedies provided by thissection are in addition to any other rights and remedies provided by law.
9. This section and section 570.224 shall not apply to the followingactivities:
(1) A person obtains the identity of another person to misrepresenthis or her age for the sole purpose of obtaining alcoholic beverages,tobacco, going to a gaming establishment, or another privilege denied tominors. Nothing in this subdivision shall affect the provisions ofsubsection 10 of this section;
(2) A person obtains means of identification or information in thecourse of a bona fide consumer or commercial transaction;
(3) A person exercises, in good faith, a security interest or rightof offset by a creditor or financial institution;
(4) A person complies, in good faith, with any warrant, court order,levy, garnishment, attachment, or other judicial or administrative order,decree, or directive, when any party is required to do so;
(5) A person is otherwise authorized by law to engage in the conductthat is the subject of the prosecution.
10. Any person who obtains, transfers, or uses any means ofidentification for the purpose of manufacturing and providing or selling afalse identification card to a person under the age of twenty-one for thepurpose of purchasing or obtaining alcohol shall be guilty of a class Amisdemeanor.
11. Notwithstanding the provisions of subdivision (1) or (2) ofsubsection 3 of this section, every person who has previously pled guiltyto or been found guilty of identity theft or attempted identity theft, andwho subsequently pleads guilty to or is found guilty of identity theft orattempted identity theft of credit, money, goods, services, or otherproperty not exceeding five hundred dollars in value is guilty of a class Dfelony and shall be punished accordingly.
12. The value of property or services is its highest value by anyreasonable standard at the time the identity theft is committed. Anyreasonable standard includes, but is not limited to, market value withinthe community, actual value, or replacement value.
13. If credit, property, or services are obtained by two or more actsfrom the same person or location, or from different persons by two or moreacts which occur in approximately the same location or time period so thatthe identity thefts are attributable to a single scheme, plan, orconspiracy, the acts may be considered as a single identity theft and thevalue may be the total value of all credit, property, and servicesinvolved.
570.223. 1. A person commits the crime of identity theft if he orshe knowingly and with the intent to deceive or defraud obtains, possesses,transfers, uses, or attempts to obtain, transfer or use, one or more meansof identification not lawfully issued for his or her use.
2. The term "means of identification" as used in this sectionincludes, but is not limited to, the following:
(1) Social Security numbers;
(2) Drivers license numbers;
(3) Checking account numbers;
(4) Savings account numbers;
(5) Credit card numbers;
(6) Debit card numbers;
(7) Personal identification (PIN) code;
(8) Electronic identification numbers;
(9) Digital signatures;
(10) Any other numbers or information that can be used to access aperson's financial resources;
(11) Biometric data;
(12) Fingerprints;
(13) Passwords;
(14) Parent's legal surname prior to marriage;
(15) Passports; or
(16) Birth certificates.
3. A person found guilty of identity theft shall be punished asfollows:
(1) Identity theft or attempted identity theft which does not resultin the theft or appropriation of credit, money, goods, services, or otherproperty is a class B misdemeanor;
(2) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property not exceeding fivehundred dollars in value is a class A misdemeanor;
(3) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five hundreddollars and not exceeding five thousand dollars in value is a class Cfelony;
(4) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five thousanddollars and not exceeding fifty thousand dollars in value is a class Bfelony;
(5) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding fifty thousanddollars in value is a class A felony.
4. In addition to the provisions of subsection 3 of this section, thecourt may order that the defendant make restitution to any victim of theoffense. Restitution may include payment for any costs, including attorneyfees, incurred by the victim:
(1) In clearing the credit history or credit rating of the victim;and
(2) In connection with any civil or administrative proceeding tosatisfy any debt, lien, or other obligation of the victim arising from theactions of the defendant.
5. In addition to the criminal penalties in subsections 3 and 4 ofthis section, any person who commits an act made unlawful by subsection 1of this section shall be liable to the person to whom the identifyinginformation belonged for civil damages of up to five thousand dollars foreach incident, or three times the amount of actual damages, whicheveramount is greater. A person damaged as set forth in subsection 1 of thissection may also institute a civil action to enjoin and restrain futureacts that would constitute a violation of subsection 1 of this section.The court, in an action brought under this subsection, may award reasonableattorneys' fees to the plaintiff.
6. If the identifying information of a deceased person is used in amanner made unlawful by subsection 1 of this section, the deceased person'sestate shall have the right to recover damages pursuant to subsection 5 ofthis section.
7. Civil actions under this section must be brought within five yearsfrom the date on which the identity of the wrongdoer was discovered orreasonably should have been discovered.
8. Civil action pursuant to this section does not depend on whether acriminal prosecution has been or will be instituted for the acts that arethe subject of the civil action. The rights and remedies provided by thissection are in addition to any other rights and remedies provided by law.
9. This section and section 570.224 shall not apply to the followingactivities:
(1) A person obtains the identity of another person to misrepresenthis or her age for the sole purpose of obtaining alcoholic beverages,tobacco, going to a gaming establishment, or another privilege denied tominors. Nothing in this subdivision shall affect the provisions ofsubsection 10 of this section;
(2) A person obtains means of identification or information in thecourse of a bona fide consumer or commercial transaction;
(3) A person exercises, in good faith, a security interest or rightof offset by a creditor or financial institution;
(4) A person complies, in good faith, with any warrant, court order,levy, garnishment, attachment, or other judicial or administrative order,decree, or directive, when any party is required to do so;
(5) A person is otherwise authorized by law to engage in the conductthat is the subject of the prosecution.
10. Any person who obtains, transfers, or uses any means ofidentification for the purpose of manufacturing and providing or selling afalse identification card to a person under the age of twenty-one for thepurpose of purchasing or obtaining alcohol shall be guilty of a class Amisdemeanor.
11. Notwithstanding the provisions of subdivision (1) or (2) ofsubsection 3 of this section, every person who has previously pled guiltyto or been found guilty of identity theft or attempted identity theft, andwho subsequently pleads guilty to or is found guilty of identity theft orattempted identity theft of credit, money, goods, services, or otherproperty not exceeding five hundred dollars in value is guilty of a class Dfelony and shall be punished accordingly.
12. The value of property or services is its highest value by anyreasonable standard at the time the identity theft is committed. Anyreasonable standard includes, but is not limited to, market value withinthe community, actual value, or replacement value.
13. If credit, property, or services are obtained by two or more actsfrom the same person or location, or from different persons by two or moreacts which occur in approximately the same location or time period so thatthe identity thefts are attributable to a single scheme, plan, orconspiracy, the acts may be considered as a single identity theft and thevalue may be the total value of all credit, property, and servicesinvolved.
570.223. 1. A person commits the crime of identity theft if he orshe knowingly and with the intent to deceive or defraud obtains, possesses,transfers, uses, or attempts to obtain, transfer or use, one or more meansof identification not lawfully issued for his or her use.
2. The term "means of identification" as used in this sectionincludes, but is not limited to, the following:
(1) Social Security numbers;
(2) Drivers license numbers;
(3) Checking account numbers;
(4) Savings account numbers;
(5) Credit card numbers;
(6) Debit card numbers;
(7) Personal identification (PIN) code;
(8) Electronic identification numbers;
(9) Digital signatures;
(10) Any other numbers or information that can be used to access aperson's financial resources;
(11) Biometric data;
(12) Fingerprints;
(13) Passwords;
(14) Parent's legal surname prior to marriage;
(15) Passports; or
(16) Birth certificates.
3. A person found guilty of identity theft shall be punished asfollows:
(1) Identity theft or attempted identity theft which does not resultin the theft or appropriation of credit, money, goods, services, or otherproperty is a class B misdemeanor;
(2) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property not exceeding fivehundred dollars in value is a class A misdemeanor;
(3) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five hundreddollars and not exceeding five thousand dollars in value is a class Cfelony;
(4) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding five thousanddollars and not exceeding fifty thousand dollars in value is a class Bfelony;
(5) Identity theft which results in the theft or appropriation ofcredit, money, goods, services, or other property exceeding fifty thousanddollars in value is a class A felony.
4. In addition to the provisions of subsection 3 of this section, thecourt may order that the defendant make restitution to any victim of theoffense. Restitution may include payment for any costs, including attorneyfees, incurred by the victim:
(1) In clearing the credit history or credit rating of the victim;and
(2) In connection with any civil or administrative proceeding tosatisfy any debt, lien, or other obligation of the victim arising from theactions of the defendant.
5. In addition to the criminal penalties in subsections 3 and 4 ofthis section, any person who commits an act made unlawful by subsection 1of this section shall be liable to the person to whom the identifyinginformation belonged for civil damages of up to five thousand dollars foreach incident, or three times the amount of actual damages, whicheveramount is greater. A person damaged as set forth in subsection 1 of thissection may also institute a civil action to enjoin and restrain futureacts that would constitute a violation of subsection 1 of this section.The court, in an action brought under this subsection, may award reasonableattorneys' fees to the plaintiff.
6. If the identifying information of a deceased person is used in amanner made unlawful by subsection 1 of this section, the deceased person'sestate shall have the right to recover damages pursuant to subsection 5 ofthis section.
7. Civil actions under this section must be brought within five yearsfrom the date on which the identity of the wrongdoer was discovered orreasonably should have been discovered.
8. Civil action pursuant to this section does not depend on whether acriminal prosecution has been or will be instituted for the acts that arethe subject of the civil action. The rights and remedies provided by thissection are in addition to any other rights and remedies provided by law.
9. This section and section 570.224 shall not apply to the followingactivities:
(1) A person obtains the identity of another person to misrepresenthis or her age for the sole purpose of obtaining alcoholic beverages,tobacco, going to a gaming establishment, or another privilege denied tominors. Nothing in this subdivision shall affect the provisions ofsubsection 10 of this section;
(2) A person obtains means of identification or information in thecourse of a bona fide consumer or commercial transaction;
(3) A person exercises, in good faith, a security interest or rightof offset by a creditor or financial institution;
(4) A person complies, in good faith, with any warrant, court order,levy, garnishment, attachment, or other judicial or administrative order,decree, or directive, when any party is required to do so;
(5) A person is otherwise authorized by law to engage in the conductthat is the subject of the prosecution.
10. Any person who obtains, transfers, or uses any means ofidentification for the purpose of manufacturing and providing or selling afalse identification card to a person under the age of twenty-one for thepurpose of purchasing or obtaining alcohol shall be guilty of a class Amisdemeanor.
11. Notwithstanding the provisions of subdivision (1) or (2) ofsubsection 3 of this section, every person who has previously pled guiltyto or been found guilty of identity theft or attempted identity theft, andwho subsequently pleads guilty to or is found guilty of identity theft orattempted identity theft of credit, money, goods, services, or otherproperty not exceeding five hundred dollars in value is guilty of a class Dfelony and shall be punished accordingly.
12. The value of property or services is its highest value by anyreasonable standard at the time the identity theft is committed. Anyreasonable standard includes, but is not limited to, market value withinthe community, actual value, or replacement value.
13. If credit, property, or services are obtained by two or more actsfrom the same person or location, or from different persons by two or moreacts which occur in approximately the same location or time period so thatthe identity thefts are attributable to a single scheme, plan, orconspiracy, the acts may be considered as a single identity theft and thevalue may be the total value of all credit, property, and servicesinvolved.
