El Paso Identity Theft Defense

About Identity Theft In Texas

Generally, identity theft is an economic crime that involves unlawfully using another party’s personal information to obtain goods or services. Common types of identity theft include:

• Fraudulently opening credit card accounts or obtaining loans using another person’s identifying information
• Using another person’s credit card or debit card information without permission to make purchases or obtain cash advances
• Accessing and taking over bank accounts or other accounts that allow access to cash or credit

Under Texas Penal Code § 32.51, identity theft refers to the “fraudulent use or possession of identifying information.” A person commits this offense if they, with the intent to harm or defraud, obtain, possess, transfer, or use:

• Another person’s identifying information without that person’s consent
• Information concerning a deceased person that would be identifying information without legal authorization if that person were alive
• Identifying information about a child younger than 18 years of age

Texas law defines “identifying information” as information that alone or in conjunction with other information identifies a person, such as:

• Name and date of birth
• Biometric data (e.g. fingerprints, voice prints, retina or iris images)
• Electronic identification number, address, routing code, or financial institution account number
• Social Security number (or another government-issued identification number)
• Telecommunication identifying information or access device (e.g. account number, personal identification number, electronic serial number)