Being accused of identity theft under Texas Penal Code § 32.51 is a serious matter. This law, often referred to as Fraudulent Possession or Use of Identifying Information, carries steep penalties and long-term consequences. If you or someone you know has been charged under this statute, understanding the law is the first step toward building an effective defense.
What Is “Identifying Information” Under Texas Law?
Texas law defines “identifying information” broadly. It includes things like:
- – A person’s name and date of birth.
- – A person’s Social Security number.
- – Biometric data such as fingerprints, or retina scans.
- – Bank account numbers and routing codes.
- – PINs, passwords, and telecommunication access devices
In short, if a piece of information can be used to identify someone or access their personal or financial information, it likely qualifies as identifying information under Texas law.
What Constitutes a Crime Under Section 32.51?
Under Section 32.51(b), it is a crime to possess, obtain, transfer, or use someone else’s identifying information without their consent and with the intent to harm or defraud.
This includes:
- – Using someone’s credit card or bank account without permission.
- – Stealing or buying social security numbers.
Importantly, if you’re caught with the identifying information of three or more people, Texas law presumes you intended to commit fraud even if there’s no direct evidence of harm.
Penalties for Identity Theft in Texas
The penalties for violating § 32.51 depend on how many pieces of identifying information are involved:
-Less than 5 items: State jail felony
-5 to 9 items: Third-degree felony
-10 to 49 items: Second-degree felony
-50 or more items: First-degree felony
If the alleged victim is an elderly person or the information was used to commit a sex offender registration offense, the punishment can be ramped up to a higher degree offense.
Restitution and Double Jeopardy
If convicted, the court may also order restitution, requiring the defendant to pay back lost income or expenses the victim suffered.
This offense can often overlap with other crimes like credit card abuse or forgery, bur the State of Texas can choose to prosecute you under multiple statutes.
Defending Against Identity Theft Charges
A young lady who was getting back on her feet once borrowed a car from a man who lived at her apartment, only to get stopped because the registration was expired. She granted consent to search the vehicle, but was shocked when police found a notebook with names, addresses, and credit card numbers inside the glove compartment. The lady knew nothing about this notebook, but she found herself taken to jail and charged with an offense under § 32.51 of the penal code.
At Alsbrooks Law, we understand that people can find themselves in difficult situations. Maybe you didn’t know the information was stolen. Maybe you had consent to use the information only for a disgruntled family member to cry foul later. Maybe law enforcement jumped to conclusions without solid proof of fraud.
Regardless of the details, you have rights, and we’re here to defend them. Contact Alsbrooks Law to discuss your case today.