San Antonio Identity Theft Attorneys

Definitions for Identity Theft Laws in Texas

It’s illegal to possess, obtain, transfer, or defraud a person’s “identifying information” or “telecommunication access device” to obtain something of value. Texas Penal Code § 32.51 defines “identifying information” as any information that identifies a person including:

• Name and date of birth;
• Unique biometric data, such as a person’s fingerprint, voice print, retina, or iris image;
• Unique electronic identification number, address, routing code, or financial institution account number;
• Telecommunication identifying information or access device; and
• Social security number or another government-issued identification number.

Texas law defines “telecommunication access device” as any card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service that may be used to:

• Obtain money, goods, services, or other things of value; or
• Initiate a transfer of funds other than a transfer originated solely by paper instrument.

Identity Theft Elements Under Texas Law

Texas Penal Code § 32.51(b) outlines the elements a person must fulfill to commit the crime of identity theft. A person commits identity theft if, with the intent to harm or defraud another, attempts to or does obtain, possess, transfer, or uses an item of:

• Identifying information about another person without the victim’s consent;
• Information concerning a deceased person, including a stillborn infant or fetus, that would be identifying information if that person were that person alive if the item of information is obtained, possessed, transferred, or used without legal authorization; or
• Identifying information of a child younger than 18 years of age.

Remember, that a person does not have to commit fraud or harm the victim to be committing identity theft. If a person possesses identifying information of three or more people, deceased or alive, then he or she is presumed to have the intent to harm or defraud for personal benefit.