New Hampshire Identity Theft
N.H. Rev. Stat. § 359-I:1 - § 359-I:4
TITLE XXXI
TRADE AND COMMERCE
Chapter 359-I
359-I: IDENTITY THEFT
Section: 359-I:1 Definitions.
Section: 359-I:2 Prohibited Conduct.
Section: 359-I:3 Liability.
Section: 359-I:4 Correction of Public and Private Records.
359-I:1 Definitions. –
In this chapter:
I. "Financial device" means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to any of the following:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card.
(b) A check.
(c) A negotiable order of withdrawal.
(d) A share draft.
(e) A money order.
(f) An Automated Clearing House ("ACH") or other electronic transaction.
(g) Any device or process, whether based on a binary or digital code used to transfer value from one person or entity to another.
II. "Personal information" shall include any one or more of the following, whether the information is owned by or assigned to the person it relates to:
(a) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.
(b) A home or physical address.
(c) A telephone number.
(d) A social security number.
(e) Any personal identification number.
(f) A credit or debit card number.
(g) Any access code associated with a credit or debit card.
(h) A date of birth, birth certificate number, or place of birth.
(i) A password or access code.
(j) A financial institution account number.
(k) A driver's license or other governmental identification.
III. "Victim" means any person whose personal information or financial device has been obtained, accessed, possessed, or recorded in violation of this chapter or any person that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this chapter.
IV. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.
Source. 2007, 78:1, eff. Jan. 1, 2008.
359-I:2 Prohibited Conduct. –
I. Unless otherwise permitted by state law or rules or federal statute or regulation, no person shall, without the authorization, consent, or permission of the other person, do any of the following with fraudulent intent:
(a) Obtain, record, or access personal information or a financial device that would assist the person in accessing financial resources or obtaining personal information owned by the other person other than that which is necessary to process a transaction for the benefit of the other person.
(b) Obtain goods, services, or some other benefit through the use of personal information or a financial device of the other person.
(c) Obtain personal information or financial device documents in the other person's name.
(d) Possess the personal information or a financial device of the other person without permission or lawful authority, with the intent to use or to aid or permit some third person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.
(e) Use or possess personal information or a financial device of the other person without permission or lawful authority with the intent to obtain, or to aid or permit some third person to obtain, a government-issued document.
(f) Falsely make, complete, or alter a written instrument containing any personal information of the other person.
(g) Make or convey a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal information or financial device of the other person.
II. 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.
Source. 2007, 78:1, eff. Jan. 1, 2008.
359-I:3 Liability. –
In addition to any other remedies provided by law, a victim may bring an action in his or her county of residence or any county in which any part of the act took place, regardless of whether the person who committed the violation was ever actually present in that county, against the person who violated this chapter to recover the following:
I. $5,000 for each incident, or 3 times the actual damages, whichever is greater.
II. Reasonable attorney's fees and court costs.
Source. 2007, 78:1, eff. Jan. 1, 2008.
359-I:4 Correction of Public and Private Records. –
I. Any order obtained under this chapter, or any conviction under RSA 638:26, may be submitted in any civil proceeding to set aside a judgment against the victim.
II. The victim may submit the order obtained under this chapter, or any conviction under RSA 638:26, to any governmental entity or private business as proof that any financial accounts therein created or altered in violation of this chapter, RSA 638:26, or RSA 638:5 were not the actions of the victim.
Source. 2007, 78:1, eff. Jan. 1, 2008.
For more information, see here: https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXXI-359-I.htm
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