Like many states, Texas has developed identity theft laws that punish a number of activities that involve the fraudulent use of another's identity. Penalties are severe and can include a significant amount of prison time and large fines.
The following chart provides an overview of Texas identity theft laws, potential defenses, and possible penalties for a conviction:
|Statute||Texas Identity Theft Statute (Penal Code, Title 7, Chapter 32, Section 32.51 -- Scroll down to the section on fraudulent use or possession of identifying information)|
|The Crime of Identity Theft||
The crime of identity theft includes obtaining, possessing, or using the identity of another individual -- regardless of whether they are living or dead and regardless of their age (infant, minor, adult or elderly) -- with the intent to harm or defraud someone. Under the law, the defendant will be presumed to have had the intent to harm or defraud another person if he or she possesses the identifying information of three or more people, living or dead.
See FindLaw's Fraud and Financial Crimes to learn about related charges.
|Penalties and Sentences||
The crime of identity theft is a felony. The severity of the felony depends on how many items were obtained, possessed or transferred by the defendant:
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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A conviction for identity theft in Texas could have serious repercussions and can involve complicated issues relating to evidence and procedure. Professional assistance can help ensure that you present an effective defense. Contact a local attorney for a free initial case assessment to learn how they can help.
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