How does Texas define identity theft?

Posted By Law Offices of Jeffrey C. Grass || 1-Apr-2015

In general, people who use, possess or transfer someone else's personal identity information without permission have committed a crime. According to the Attorney General of Texas, you may be accused of identity theft if you have used any of the following information from someone else:

There is no age limit on how young or old a victim of identity theft may be, but the law does state that the information must be obtained or used with the intent of harming or deceiving someone.

It is important to recognize that Texas nearly always treats identity theft as a felony. Under the state law, the penalties for the crime depend on how many pieces of information were obtained, transferred or possessed. For example, having fewer than five items could result in a prison sentence of between 180 days and two years in prison. Obtaining five to nine pieces of information could result in two to 10 years in prison. Anyone who is convicted of having 50 or more items could fact as many as 99 years in prison under state law.

If you have been accused of identity theft, it is important to know how the state handles punishment. One of the most common defenses is to maintain that there was no intent to deceive or harm the alleged victim. Additionally, defendants may argue that they never had the information. Lastly, defendants who are minors may receive lighter punishments.

While this information may be useful, it should not be taken as legal advice.