HB 916 -- Identity Theft

Sponsor:  Brown

This bill makes several changes to the crime of identity theft.
The bill:

(1)  Makes it a class A misdemeanor when the identity theft
results in the theft or appropriation of credit, money, goods,
services, or other property valued at less than $500.  Current
law sets forth a penalty of six months in jail for a first
offense and does not refer to the value of the stolen property;

(2)  Makes it a class D felony when the value of the stolen
property is more than $500 but not exceeding $1,000;

(3)  Makes it a class C felony when the value of the stolen
property is more than $1,000 but not exceeding $10,000;

(4)  Makes it a class B felony when the value of the stolen
property is more than $10,000 but not exceeding $100,000;

(5)  Makes it a class A felony when the value of the stolen
property exceeds $100,000;

(6)  Makes the identity thief liable to the victim for civil
damages of up to $5,000 per incident or three times the amount of
actual damages, whichever is greater;

(7)  Allows the victim to seek a court order restraining the
identity thief from future acts that would constitute identity
theft.  In these actions, the court may award reasonable attorney
fees to the prevailing party;

(8)  Clarifies that the estate of a deceased person may pursue
civil remedies when the estate is a victim of identity theft;

(9)  Sets forth venue requirements for civil suits regarding
identity theft, sets a limitation on civil suits at three years,
and clarifies that a criminal conviction is not a prerequisite
for a civil claim;

(10)  Clarifies that identity theft does not include a minor's
misrepresentation of age by using an adult person's
identification;

(11)  Makes a second offense a class D felony when the value of
the property is less than $500; and

(12)  Creates the crime of trafficking in stolen identities, a
class B felony, which is evidenced by possession of five or more
identification documents.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am