§ 215.200. Identity Theft — Restitution — Other Civil Remedies Available — Exempted Activities.

A. 

A person commits the offense of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one (1) or more means of identification not lawfully issued for his or her use.

B. 

The term "means of identification" as used in this Section includes, but is not limited to, the following:

1. 

Social Security numbers;

2. 

Driver's license numbers;

3. 

Checking account numbers;

4. 

Savings account numbers;

5. 

Credit card numbers;

6. 

Debit card numbers;

7. 

Personal identification (PIN) code;

8. 

Electronic identification numbers;

9. 

Digital signatures;

10. 

Any other numbers or information that can be used to access a person's financial resources;

11. 

Biometric data;

12. 

Fingerprints;

13. 

Passwords;

14. 

Parent's legal surname prior to marriage;

15. 

Passports; or

16. 

Birth certificates.

C. 

A person found guilty of identity theft shall be punished as follows:

1. 

Identity theft or attempted identity theft which does not result in the theft or appropriation of credit, money, goods, services, or other property is an ordinance violation.

2. 

Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding five hundred dollars ($500.00) in value is an ordinance violation.

D. 

In addition to the provisions of Subsection (C) of this Section, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim:

1. 

In clearing the credit history or credit rating of the victim; and

2. 

In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.

E. 

In addition to the criminal penalties in Subsections (C) and (D) of this Section, any person who commits an act made unlawful by Subsection (A) of this Section shall be liable to the person to whom the identifying information belonged for civil damages of up to five thousand dollars ($5,000.00) for each incident, or three (3) times the amount of actual damages, whichever amount is greater. A person damaged as set forth in Subsection (A) of this Section may also institute a civil action to enjoin and restrain future acts that would constitute a violation of Subsection (A) of this Section. The court, in an action brought under this Subsection, may award reasonable attorneys' fees to the plaintiff.

F. 

If the identifying information of a deceased person is used in a manner made unlawful by Subsection (A) of this Section, the deceased person's estate shall have the right to recover damages pursuant to Subsection (E) of this Section.

G. 

Civil actions under this Section must be brought within five (5) years from the date on which the identity of the wrongdoer was discovered or reasonably should have been discovered.

H. 

Civil action pursuant to this Section does not depend on whether a criminal prosecution has been or will be instituted for the acts that are the subject of the civil action. The rights and remedies provided by this Section are in addition to any other rights and remedies provided by law.

I. 

This Section shall not apply to the following activities:

1. 

A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors. Nothing in this Subparagraph shall affect the provisions of Subsection (J) of this Section;

2. 

A person obtains means of identification or information in the course of a bona fide consumer or commercial transaction;

3. 

A person exercises, in good faith, a security interest or right of offset by a creditor or financial institution;

4. 

A person complies, in good faith, with any warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive, when any party is required to do so;

5. 

A person is otherwise authorized by law to engage in the conduct that is the subject of the prosecution.

J. 

Any person who obtains, transfers, or uses any means of identification for the purpose of manufacturing and providing or selling a false identification card to a person under the age of twenty-one (21) for the purpose of purchasing or obtaining alcohol shall be guilty of an ordinance violation.