Sworn Statement Of Identity Theft Page 3

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OFFENSE UNDER SECTION 32.51, PENAL CODE
:
A person commits an offense under Section 32.51, Penal Code, when the person, with the intent to
harm or defraud another, obtains, possesses, transfers, or uses:
(1) identifying information of another person without the other person's consent; or
(2) without legal authorization, information concerning a deceased person that would be
identifying information of that person were that person alive.
If a person possesses one of the following, that person is presumed to have the intent to harm or
defraud another person
(1) the identifying information of three or more other persons;
(2) information described by Subsection (b)(2) concerning three or more deceased persons; or
(3) information described by Subdivision (1) or (2) concerning three or more other persons or
deceased persons.
“Identifying information” means information that alone or in conjunction with other information
identifies a person, including a person’s:
(A) name and social security number, date of birth, or government-issued identification
number;
(B) unique biometric data, including the person’s fingerprint, voice print, or retina or iris
image;
(C) unique electronic identification number, address, routing code, or financial institution
account number; and
(D) telecommunication identifying information or access device.
3
Texas Department of Banking
For Financial Institution Use
TXFC32.51-2008.03.01
Rev. 03-2008

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