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Fraudulent Use or Possession of Identifying Information

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Fraudulent Use or Possession of Identifying Information”, as per § 32.51 of the Texas Penal Code, occurs when a person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of:

  • identifying information of another person without the other person's consent;
  • information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of 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.

An offense under this section is:

  • a state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
  • a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;
  • a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or
  • a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

An offense described for purposes of punishment is increased to the next higher category of offense if it is shown on the trial of the offense that:

  • the offense was committed against an elderly individual as defined by Section 22.04; or
  • the actor fraudulently used identifying information with the intent to facilitate an offense under Article 62.102, Code of Criminal Procedure.

Punishment Range

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or
  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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