Wyoming Identity Theft (WY Stat § 6-3-901, et seq.)

Wyoming Identity Theft

WY Stat § 6-3-901, et seq.

 

Wyoming Statutes

Title 6 - Crimes and Offenses

Chapter 3 - Offenses Against Property

Article 9 - Theft of Identity

Section 6-3-901 - Unauthorized Use of Personal Identifying Information; Penalties; Restitution.

Section 6-3-902 - Unlawful Impersonation Through Electronic Means; Penalties; Definitions; Civil Remedies.

 

6-3-901.  Unauthorized use of personal identifying information; penalties; restitution.

(a)  Every person who willfully obtains personal identifying information of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services or medical information in the name of the other person without the consent of that person is guilty of theft of identity.

(b)  As used in this section "personal identifying information" means the name or any of the following data elements of an individual person:

(i)  Address;

(ii)  Telephone number;

(iii)  Social security number;

(iv)  Driver's license number;

(v)  Account number, credit card number or debit card number in combination with any security code, access code or password that would allow access to a financial account of the person;

(vi)  Tribal identification card;

(vii)  Federal or state government issued identification card;

(viii)  Shared secrets or security tokens that are known to be used for data based authentication;

(ix)  A username or email address, in combination with a password or security question and answer that would permit access to an online account;

(x)  A birth or marriage certificate;

(xi)  Medical information, meaning a person’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional;

(xii)  Health insurance information, meaning a person’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the person or information related to a person’s application and claims history;

(xiii)  Unique biometric data, meaning data generated from measurements or analysis of human body characteristics for authentication purposes;

(xiv)  An individual taxpayer identification number.

(c)  Theft of identity is:

(i)  A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if no economic benefit was gained or was attempted to be gained, or if an economic benefit of less than one thousand dollars ($1,000.00) was gained or was attempted to be gained by the defendant; or

(ii)  A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if an economic benefit of one thousand dollars ($1,000.00) or more was gained or was attempted to be gained by the defendant.

(d)  If a restitution plan is ordered pursuant to W.S. 7-9-101 through 7-9-115, the court may include, as part of its determination of amount owed pursuant to W.S. 7-9-103, payment for any costs incurred by the victim, including attorney fees, any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien or other obligation of the victim arising as a result of the actions of the defendant.

(e)  In any case in which a person willfully obtains personal identifying information of another person, and without the authorization of that person uses that information to commit a crime in addition to a violation of subsection (a) of this section, and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

 

6-3-902.  Unlawful impersonation through electronic means; penalties; definitions; civil remedies.

(a)  A person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both, if he knowingly and without consent intentionally impersonates another person through, or on, an internet website or by other electronic means, including, but not limited to spoofing, and:

(i)  Causes or attempts to cause harm;

(ii)  Harasses or attempts to harass another person while using false self-identifying information related to the person impersonated; or

(iii)  Uses or attempts to use false self-identifying information related to the person impersonated as an unauthorized deceptive means to facilitate contact with another person.

(b)  For purposes of this section:

(i)  "Electronic means" includes opening an e-mail account or an account or profile on a site transmitted via the internet;

(ii)  "Internet" means as defined in W.S. 9-2-3219(a)(iii);

(iii)  "Spoofing" means falsifying the name or phone number appearing on caller identification systems.

(c)  In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subsection (a) of this section may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief.

 

 

For more information, see here:  https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm

 

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