[708-839.8] Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.

(2) Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of 1]

 

Case Notes

 

As this section does not require impersonation of a person in order to constitute the offense, only the transmission of a person's personal information with the intent to commit the specified theft offense, the circuit court erred in its construction of this section. 125 H. 172 (App.), 254 P.3d 483 (2011).

 

COMMENTARY ON 708-839.6 TO 708-839.8

 

Act 224, Session Laws 2002, added these sections to provide criminal penalties for persons who commit identity theft of another individual. The legislature found that misappropriation of personal identification information was on the rise. Act 224 addresses the criminal conduct associated with intentional identity theft. Conference Committee Report No. 25-02.

 

 

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