HB 916 -- IDENTITY THEFT (Brown)

This bill makes several changes to the crimes of identity theft
and false impersonation.  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 a penalty of six months in jail for a first offense and
does not refer to the value of the stolen property;

(2)  Makes attempted identity theft a class B misdemeanor;

(3)  Makes identity theft a class D felony when the value of the
stolen property is more than $500 but does not exceed $1,000;

(4)  Makes identity theft a class C felony when the value of the
stolen property is more than $1,000 but does not exceed $10,000;

(5)  Makes identity theft a class B felony when the value of the
stolen property is more than $10,000 but does not exceed
$100,000;

(6)  Makes identity theft a class A felony when the value of the
stolen property exceeds $100,000;

(7)  Makes identity theft a class A felony when the identity
theft is performed for the purpose of committing a terrorist act;

(8)  Makes identity theft a class C felony when the identity
theft is performed for the purpose of committing an election
offense;

(9)  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;

(10)  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 plaintiff;

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

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

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

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

(15)  Creates the crime of trafficking in stolen identities, a
class B felony; and

(16)  Expands the crime of false impersonation to include the
providing of a false identity to a law enforcement officer upon
arrest.  If the false identity is not discovered until after the
person is convicted, the prosecutor must file a motion to correct
the arrest records and court records.  The bill also allows the
court to order the expungement of the false arrest records for
the person whose identity was used.

FISCAL NOTE:  Total Estimated Cost on General Revenue Fund of
Less than $100,000 in FY 2005, FY 2006, and FY 2007.

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