SENATE AMENDED
PRIOR PRINTER'S NOS. 1054, 1329, 2667, PRINTER'S NO. 3503
3123
No. 945 Session of 1999
INTRODUCED BY CHADWICK, ARGALL, BAKER, BARD, BELFANTI,
BENNINGHOFF, BROWNE, BUXTON, CASORIO, CIVERA, CLARK,
L. I. COHEN, COLAFELLA, CURRY, DEMPSEY, DERMODY, EGOLF,
FAIRCHILD, FEESE, GANNON, GORDNER, HARHAI, HENNESSEY, HESS,
JADLOWIEC, KAISER, KENNEY, LUCYK, MAHER, MANDERINO, MASLAND,
McCALL, McILHINNEY, McNAUGHTON, MELIO, MICHLOVIC, MUNDY,
NAILOR, NICKOL, PHILLIPS, RAMOS, ROBINSON, ROONEY, ROSS,
RUBLEY, SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SEMMEL,
SERAFINI, SEYFERT, B. SMITH, STABACK, STEELMAN, STEIL, STERN,
STEVENSON, E. Z. TAYLOR, THOMAS, TIGUE, TRELLO, TRICH, VANCE,
WILLIAMS, WOGAN, GRUCELA, FARGO AND WASHINGTON,
MARCH 22, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 8, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of identity
3 theft.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4120. Identity theft.
9 (a) Offense defined.--Except as provided in subsection (c), <--
10 a person commits the offense of identity theft of another
11 person, a misdemeanor of the first degree, if he takes, assumes
12 or uses the identity or identifying information of another
1 person without the consent of that other person and with the
2 intent to:
3 (1) cause financial loss to the other person;
4 (2) obtain goods or services; or
5 (3) otherwise assume or use the other person's identity
6 for any unlawful purpose.
7 (b) Separate offenses.--Each time an offender takes, assumes
8 or uses the identity or identifying information of another
9 person without the consent of that other person constitutes a
10 separate offense under this section.
11 (c) Grading.--When a person commits an offense under
12 subsection (a) and the victim of the offense is 60 years of age
13 or older, the offense shall be graded as a felony of the third
14 degree.
15 (d) Restitution.--The court may, in addition to any other
16 restitution sentence or order authorized by law, sentence a
17 person convicted of violating this section to make restitution
18 for all reasonable expenses incurred by the victim or on the
19 victim's behalf to investigate theft of the victim's identity,
20 bring or defend civil or criminal actions related to theft of
21 the victim's identity or to take other efforts to clear the
22 victim's credit record of negative credit reports related to
23 theft of the victim's identity. Such expenses may include, but
24 are not limited to, attorney fees, fees and costs imposed by
25 credit bureaus or associated with efforts to clear the victim's
26 credit record, fees and costs associated with private
27 investigations, and court costs and filing fees.
28 (e) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Expenses." All sums charged or billed to the victim or any
2 person acting on the victim's behalf or as the victim's
3 representative, whether or not any such charge or bill has been
4 paid.
5 "Identity" or "identifying information." Any information or
6 facts used to establish identity, whether or not the information
7 or facts are in writing. Writings include, but are not limited
8 to, pieces of paper, notebooks, applications, receipts, birth
9 certificates, Social Security cards, driver's licenses,
10 nondriver State-issued identification cards, baptismal
11 certificates, employee identification cards or school
12 identification cards and identifying information recorded by
13 other methods, including, but not limited to, information stored
14 on any computer, computer disc, computer printout, computer
15 system, or part thereof, or by any other mechanical or
16 electronic means.
17 Section 2. This act shall take effect immediately.
18 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF <--
19 IDENTITY THEFT OF ANOTHER PERSON IF HE POSSESSES OR USES
20 IDENTIFYING INFORMATION OF ANOTHER PERSON WITHOUT THE CONSENT OF
21 THAT OTHER PERSON TO FURTHER ANY UNLAWFUL PURPOSE.
22 (B) SEPARATE OFFENSES.--EACH TIME A PERSON POSSESSES OR USES
23 IDENTIFYING INFORMATION IN VIOLATION OF SUBSECTION (A)
24 CONSTITUTES A SEPARATE OFFENSE UNDER THIS SECTION.
25 (C) GRADING.--THE OFFENSES SHALL BE GRADED AS FOLLOWS:
26 (1) A FIRST OFFENSE UNDER THIS SECTION IS A MISDEMEANOR
27 OF THE FIRST DEGREE, AND A SECOND AND OR SUBSEQUENT OFFENSE <--
28 UNDER THIS SECTION IS A FELONY OF THE THIRD DEGREE.
29 (2) WHEN A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
30 (A) AND THE VICTIM OF THE OFFENSE IS 60 YEARS OF AGE OR
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1 OLDER, THE GRADING OF THE OFFENSE SHALL BE ONE GRADE HIGHER
2 THAN SPECIFIED IN PARAGRAPH (1).
3 (D) CONCURRENT JURISDICTION TO PROSECUTE.--IN ADDITION TO
4 THE AUTHORITY CONFERRED UPON THE ATTORNEY GENERAL BY THE ACT OF
5 OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
6 ATTORNEYS ACT, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO
7 INVESTIGATE AND TO INSTITUTE CRIMINAL PROCEEDINGS FOR ANY
8 VIOLATION OF THIS SECTION OR ANY SERIES OF SUCH VIOLATIONS
9 INVOLVING MORE THAN ONE COUNTY OF THIS COMMONWEALTH OR ANOTHER
10 STATE. NO PERSON CHARGED WITH A VIOLATION OF THIS SECTION BY THE
11 ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE THE AUTHORITY
12 OF THE ATTORNEY GENERAL TO INVESTIGATE OR PROSECUTE THE CASE,
13 AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE
14 DISMISSED AND NO RELIEF SHALL BE MADE AVAILABLE IN THE COURTS OF
15 THIS COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
16 (E) USE OF POLICE REPORTS.--A REPORT TO A LAW ENFORCEMENT
17 AGENCY BY A PERSON STATING THAT THE PERSON'S IDENTIFYING
18 INFORMATION HAS BEEN LOST OR STOLEN OR THAT THE PERSON'S
19 IDENTIFYING INFORMATION HAS BEEN USED WITHOUT THE PERSON'S
20 CONSENT SHALL BE PRIMA FACIE EVIDENCE THAT THE IDENTIFYING
21 INFORMATION WAS POSSESSED OR USED WITHOUT THE PERSON'S CONSENT.
22 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
23 WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM IN THIS
24 SUBSECTION:
25 "DOCUMENT." ANY WRITING, INCLUDING, BUT NOT LIMITED TO,
26 BIRTH CERTIFICATE, SOCIAL SECURITY CARD, DRIVER'S LICENSE,
27 NONDRIVER GOVERNMENT-ISSUED IDENTIFICATION CARD, BAPTISMAL
28 CERTIFICATE, ACCESS DEVICE CARD, EMPLOYEE IDENTIFICATION CARD,
29 SCHOOL IDENTIFICATION CARD OR OTHER IDENTIFYING INFORMATION
30 RECORDED BY ANY OTHER METHOD, INCLUDING, BUT NOT LIMITED TO,
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1 INFORMATION STORED ON ANY COMPUTER, COMPUTER DISC, COMPUTER
2 PRINTOUT, COMPUTER SYSTEM, OR PART THEREOF, OR BY ANY OTHER
3 MECHANICAL OR ELECTRONIC MEANS.
4 "IDENTIFYING INFORMATION." ANY DOCUMENT, PHOTOGRAPHIC,
5 PICTORIAL OR COMPUTER IMAGE OF ANOTHER PERSON, OR ANY FACT USED
6 TO ESTABLISH IDENTITY, INCLUDING, BUT NOT LIMITED TO, A NAME,
7 BIRTH DATE, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER,
8 NONDRIVER GOVERNMENTAL IDENTIFICATION NUMBER, TELEPHONE NUMBER, <--
9 CHECKING ACCOUNT NUMBER, SAVINGS ACCOUNT NUMBER, STUDENT
10 IDENTIFICATION NUMBER OR EMPLOYEE OR PAYROLL NUMBER.
11 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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