H.661
Introduced by Representative Lippert of Hinesburg
Date:
Subject: Crimes; identity theft
Statement of purpose: This bill proposes to create the crime of identity theft.
AN ACT RELATING TO IDENTITY THEFT
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 2026 is
added to read:
§ 2026. IDENTITY THEFT
(a) No person shall
knowingly or recklessly obtain, produce, possess, use, sell, give, or transfer
personal identifying information belonging or pertaining to another person
without the consent of the other person and with intent to use the information
to commit or facilitate any crime.
(b) No person shall knowingly or recklessly
obtain, produce, possess, use, sell, give, or transfer personal identifying
information belonging or pertaining to another person without the consent of
the other person, thereby knowingly or recklessly facilitating the use of the
information by a third person to commit or facilitate any crime.
(c) For the purposes of this section, “personal
identifying information” includes name, address, birth date, Social Security
number, driver’s license number, telephone number, financial services account
number, savings account number, checking account number, credit card number,
debit card number, identification document or false identification document,
electronic identification number, educational record, health care record,
financial record, credit record, employment record, e-mail address, computer
system password, mother’s maiden name or similar personal number, record, or
information.
(d) A person who violates this section shall be
imprisoned for not more than three years or fined not more $3,000.00, or
both. A person who violates this
section where the victim is a person 18 years of age or older who has a
diagnosed physical or mental impairment or a person who is 60 years of age or
older shall be imprisoned for not more than five years or fined not more than
$5,000.00, or both. A person who
commits a second or subsequent violation of this section shall be imprisoned
for not more than ten years or fined not more than $10,000.00, or both.