Mississippi Fraudulent Use of Identity
Miss. Code Ann. § 97-19-85, § 97-45-19, § 97-45-27, § 97-45-29
CITATION:
Mississippi Code 1972 Annotated
Title 97. Crimes (Chs. 1 — 47)
Chapter 19. False Pretenses and Cheats (§§ 97-19-1 — 97-19-87)
§ 97-19-85. Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value.
(1) Any person who shall make or cause to be made any false statement or representation as to his or another person’s or entity’s identity, social security account number, credit card number, debit card number, DD-214 or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or any thing of value, shall be guilty of a felony and, upon conviction thereof, for a first offense shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for a term not to exceed ten (10) years, or both. In addition to the fines and imprisonment provided in this section, a person convicted under this section shall be ordered to pay restitution as provided in Section 99-37-1 et seq.
(2) A person is guilty of fraud under subsection (1) who:
(a) Shall furnish false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person; or
(b) Willfully, knowingly, and with intent to deceive, uses a social security account number to establish and maintain business or other records; or
(c) With intent to deceive, falsely represents a number to be the social security account number assigned to him or another person, when in fact the number is not the social security account number assigned to him or such other person; or
(d) With intent to deceive, falsely represents to be a representative of an entity in order to open banking accounts, obtain credit cards, or other services and supplies in the entity’s name; or
(e) Knowingly alters a social security card, buys or sells a social security card or counterfeit or altered social security card, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it; or
(f) Willfully and knowingly, with intent to deceive, falsely uses a form DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22, for the purpose of fraudulently obtaining a veterans driver’s license or any other state or federal government benefit available only to honorably discharged veterans.
History
Laws, 1993, ch. 387, § 1; Laws, 1998, ch. 555, § 1; Laws, 2009, ch. 391, § 1; brought forward without change, Laws, 2014, ch. 457, § 76, eff from and after July 1, 2014; Laws, 2021, ch. 416, § 2, eff from and after July 1, 2021.
Mississippi Code 1972 Annotated
Title 97. Crimes (Chs. 1 — 47)
Chapter 45. Computer Crimes and Identity Theft (§§ 97-45-1 — 97-45-33)
§ 97-45-19. Identity theft.
(1) A person shall not obtain or attempt to obtain personal identity information of another person with the intent to unlawfully use that information for any of the following purposes without that person’s authorization:
(a) To obtain financial credit.
(b) To purchase or otherwise obtain or lease any real or personal property.
(c) To obtain employment.
(d) To obtain access to medical records or information contained in medical records.
(e) To commit any illegal act.
(2)
(a) A person who violates this section is guilty of a felony punishable by imprisonment for not less than two (2) nor more than fifteen (15) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the violation involves an amount of less than Two Hundred Fifty Dollars ($250.00), a person who violates this section may be found guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
(c) For purposes of determining the amount of the violation, the value of all goods, property, services and other things of value obtained or attempted to be obtained by the use of an individual’s identity information shall be aggregated.
(3) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by that person using information obtained in violation of this section.
(4) This section does not apply to a person who obtains or attempts to obtain personal identity information of another person pursuant to the discovery process of a civil action, an administrative proceeding or an arbitration proceeding.
(5) Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information to correct inaccuracies or errors in the person’s credit report or other identifying information; however, no legal representation shall be afforded such person by the Office of the Attorney General.
(6) A person convicted under this section or under Section 97-19-85 shall be ordered to pay restitution as provided in Section 99-37-1 et seq., and any legal interest in addition to any other fine or imprisonment which may be imposed.
History
Laws, 2003, ch. 562, § 8; Laws, 2004, ch. 526, § 1; brought forward without change, Laws, 2014, ch. 457, § 35, eff from and after July 1, 2014.
§ 97-45-27. Identity theft; victim authorized to expunge record of false charges accrued on account of activities of the perpetrator.
Any person whose name or other identification has been used without his consent or authorization by another person, with the use resulting in charges, an arrest record, or a conviction putatively on the record of the person whose name or other identification was appropriated, the person whose name or other identification has been used without his consent or authorization may file a petition for expunction of such charges or arrest record or conviction, or any of them, with any court which has jurisdiction over the matter.
History
Laws, 2004, ch. 526, § 4, eff from and after July 1, 2004.
§ 97-45-29. Identity theft; Attorney General authorized to issue “Identity Theft Passports” verifying that expunction order has been entered or police report has been filed; access to identity theft information.
(1) A person who has petitioned the court pursuant to Section 97-45-27 to expunge any charges, arrest record or conviction falsely entered against the person as a result of the appropriation of his name or other identifying information may submit to the Attorney General a certified copy of a court order obtained. The Office of the Attorney General may issue an “Identity Theft Passport” verifying that such order has been entered.
(2) Any person who has filed a police report alleging that the person’s name or other identification has been used without the person’s consent or authorization by another person may submit a copy of the police report to the Attorney General. The Office of the Attorney General may issue an “Identity Theft Passport” stating that such police report has been submitted.
(3) The Office of the Attorney General may provide access to identity theft information to law enforcement agencies and individuals who have submitted a police report or court order pursuant to this chapter and any other person or entity as appropriate.
History
Laws, 2004, ch. 526, § 5, eff from and after July 1, 2004.
Mississippi Code 1972 Annotated
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