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CHAPTER 32. FRAUD
§ 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
(a) In this section:
(1) "Identifying information" means information that
alone or in conjunction with other information identifies an
individual, including an individual's:
(A) name, social security number, date of birth,
and government-issued identification number;
(B) unique biometric data, including the
individual's fingerprint, voice print, and retina or iris image;
(C) unique electronic identification number,
address, and routing code, financial institution account number;
and
(D) telecommunication identifying information or
access device.
(2) "Telecommunication access device" means a card,
plate, code, account number, personal identification number,
electronic serial number, mobile identification number, or other
telecommunications service, equipment, or instrument identifier or
means of account access that alone or in conjunction with another
telecommunication access device may be used to:
(A) obtain money, goods, services, or other thing
of value; or
(B) initiate a transfer of funds other than a
transfer originated solely by paper instrument.
(b) A person commits an offense if the person obtains,
possesses, transfers, or uses identifying information of another
person without the other person's consent and with intent to harm or
defraud another.
(c) An offense under this section is a state jail felony.
(d) If a court orders a defendant convicted of an offense
under this section to make restitution to the victim of the offense,
the court may order the defendant to reimburse the victim for lost
income or other expenses, other than attorney's fees, incurred as a
result of the offense.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law. |
