[708-839.7] Identity theft in the second degree. (1) A person commits the offense of identity theft in the second 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 second degree from any person or entity.

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

 

Case Notes

 

The phrase "transmission of any personal information of another" prohibits the transmission of personal information of an actual person, but not the transmission of information associated with a fictitious person; where defendant did not transmit the personal information of an actual person, defendant did not satisfy the conduct element of this section and could not be convicted of identity theft in the second degree. 120 H. 387, 206 P.3d 841 (2009).

 

 

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