Alabama Consumer Identity Protection Act
Ala. Code § 13A-8-190 - § 13A-8-201
Article 10 The Consumer Identity Protection Act.
Section 13A-8-190 Short title.
Section 13A-8-191 Definitions.
Section 13A-8-192 Identity theft.
Section 13A-8-193 Trafficking in stolen identities.
Section 13A-8-194 Obstructing justice using a false identity.
Section 13A-8-195 Restitution for financial loss.
Section 13A-8-196 Situs of crime.
Section 13A-8-197 Court records to reflect innocence of victim.
Section 13A-8-198 Order to correct records.
Section 13A-8-199 Civil action for violation of chapter.
Section 13A-8-200 Block on false information in credit reports.
Section 13A-8-201 Reissuance of identification documents.
Section 13A-8-190 Short title.
This article shall be known as "The Consumer Identity Protection Act."
(Act 2001-312, p. 399, §1.)
Section 13A-8-191 Definitions.
For purposes of this article, the following words shall have the following meanings:
(1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification documents include, but are not limited to, driver's licenses, military identification cards, passports, birth certificates, Social Security cards, and other government-issued identification cards.
(2) IDENTIFYING INFORMATION. Any information, used either alone or in conjunction with other information, that specifically identifies a person or a person's property, and includes, but is not limited to, any of the following information related to a person:
a. Name.
b. Date of birth.
c. Social Security number.
d. Driver's license number.
e. Financial services account numbers, including checking and savings accounts.
f. Credit or debit card numbers.
g. Personal identification numbers (PIN).
h. Electronic identification codes.
i. Automated or electronic signatures.
j. Biometric data.
k. Fingerprints.
l. Passwords.
m. Parent's legal surname prior to marriage.
n. Any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services.
(3) VICTIM. A person whose identification documents or identifying information are used to perpetrate a crime created by this article.
(Act 2001-312, p. 399, §2.)
Section 13A-8-192 Identity theft.
(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.
(2) Obtains goods or services through the use of identifying information of the victim.
(3) Obtains identification documents in the victim's name.
(4) Obtains employment through the use of identifying information of the victim.
(b) Identity theft is a Class B felony.
(c) This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
(d) Any prosecution brought pursuant to this article shall be commenced within seven years after the commission of the offense.
(Act 2001-312, p. 399, §3; Act 2003-355, p. 962, §1; Act 2006-148, p. 218, §1; Act 2012-368, p. 919, §1.)
Section 13A-8-193 Trafficking in stolen identities.
(a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchase, identification documents or identifying information for the purpose of committing identity theft.
(b) Possession of five or more identification documents of the same person, or possession of identifying information of five or more separate persons, without the authorization, consent, or permission of the person or persons, shall create an inference that the identities are possessed with intent to manufacture, sell, transfer, or purchase identification documents or identifying information for the purpose of committing identity theft.
(c) Trafficking in stolen identities is a Class B felony.
(Act 2001-312, p. 399, §4.)
Section 13A-8-194 Obstructing justice using a false identity.
(a) A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation.
(b) Obstructing justice using a false identity is a Class C felony.
(Act 2001-312, p. 399, §5.)
Section 13A-8-195 Restitution for financial loss.
Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim's identification documents or identifying information, including lost wages and attorney's fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. Additionally, persons convicted of violation of this article shall be assessed an amount of twenty-five dollars ($25) per day and medical expenses for time spent in county or municipal jails or in a state prison facility.
(Act 2001-312, p. 399, §6.)
Section 13A-8-196 Situs of crime.
In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the person who is the subject of the identification documents or identifying information.
(Act 2001-312, p. 399, §7.)
Section 13A-8-197 Court records to reflect innocence of victim.
In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a crime in the name of another person, the court records for the crime shall reflect that the victim of this act did not commit the crime.
(Act 2001-312, p. 399, §8.)
Section 13A-8-198 Order to correct records.
(a) Upon a conviction for any crime in violation of this article or conviction of any other offense which the court finds involved identity theft, and at the victim's request, the sentencing court shall issue any orders necessary to correct any public or private record that contains false information as a result of a criminal violation of this article. Any order shall be under seal and may be released only as prescribed by this section. The order shall include the following information:
(1) Information about financial accounts affected by the crime, including, but not limited to, the name of the financial institution, the account number, amount of money involved in the crime, and the date of the crime.
(2) The specific identifying information and identification documents used to commit the crime.
(3) A description of the perpetrator of the crime.
(b) The victim may release the orders as follows:
(1) The victim may submit this order in any civil proceeding to set aside a judgment against the victim involving the specific account and amounts as determined by the criminal sentencing court. The order shall remain sealed in the civil proceeding.
(2) The victim may submit the order to any governmental entity or private business as proof that any financial accounts therein created or altered were a result of the crime and not the actions of the victim.
(Act 2001-312, p. 399, §9; Act 2006-148, p. 218, §1.)
Section 13A-8-199 Civil action for violation of chapter.
(a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following:
(1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever is greater.
(2) Reasonable attorney's fees and court costs.
(b) The statute of limitations for cases under this section shall be seven years from the earlier of the date of discovery of the offense or the date when the offense reasonably should have been discovered.
(Act 2001-312, p. 399, §10; Act 2006-148, p. 218, §1.)
Section 13A-8-200 Block on false information in credit reports.
(a) As used in this section, the following words shall have the following meanings:
(1) CONSUMER CREDIT REPORT. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
(2) CONSUMER REPORTING AGENCY. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended.
(3) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ reasonable procedures to block reporting any information in the consumer's credit report identified in the court order that is the result of a criminal violation of the Consumer Identity Protection Act so that the information cannot be reported and, at the consumer's request, include the fact of the order in the consumer's credit report. The consumer reporting agency shall promptly notify the furnisher of the information that a court order has been filed, that a block has been established, and the effective date of the block.
(2) The block on information may be rescinded only by a subsequent order from the court that originally issued the order pursuant to Section 13A-8-198.
(3) If the block of information is rescinded pursuant to this section, the consumer shall be promptly notified in the same manner as the consumers are notified of the reinsertion of information pursuant to Section 611 of the Federal Fair Credit Reporting Act, 15 USC Section 1681i, as amended.
(4) A consumer harmed by an intentional or reckless violation of this section may maintain an action for actual damages caused by a violation of this section and injunctive relief against the person who violated this section. A judgment in favor of the consumer shall include an award of attorney's fees.
(5) It shall be a defense to any action or proceeding brought under this section that the defendant has established and implemented reasonable practices and procedures to comply with the requirements of this section. No action or proceeding may be brought under this section more than two years after the person bringing the action knew or should have known of the alleged violation in subdivision (4).
(Act 2001-312, p. 399, §11.)
Section 13A-8-201 Reissuance of identification documents.
Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal activity, such as a police report, before reissuing the identification documents.
(Act 2001-312, p. 399, §12.)
For more information, see here: http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/147638.htm
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