Penal Code · §32.51
Fraudulent Use or Possession of Identifying Information
Elements
- A person
- With intent to harm or defraud another
- Obtains, possesses, transfers, or uses
- An item of: identifying information of another person without the other person's consent; OR identifying information of a child under 18; OR information concerning a deceased natural person
- ("Identifying information" includes name, DOB, SSN, government-issued ID number, biometric data, electronic identification numbers/digital signatures, financial institution account numbers, and similar)
Penalty
Count-based ladder under §32.51(c): fewer than 5 items — state jail felony (180 days to 2 years + up to $10,000 fine, §12.35); 5 to 9 items — 3rd degree felony (2 to 10 years TDCJ + up to $10,000 fine, §12.34); 10 to 49 items — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); 50 or more items — 1st degree felony (5 to 99 years or life + up to $10,000 fine, §12.32).
Enhancements
Bumped one category if committed against elderly (65+) or by public servant who obtained the information by virtue of office. Each separate item of identifying information counts as a separate offense for charging purposes.