A first offense under this subsection is a class A misdemeanor. A second or subsequent offense under this subsection is a class C felony. I 2 Except as otherwise provided in this division or division I 3 of this section, identity fraud is a felony of the fifth degree. I 3 Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree. Actual damages shall include, but not be limited to, funds spent related to counseling, identity theft or libel.
Any profits from the unauthorized use of such person's likeness that are attributable to the use may be considered in the computation of actual damages.
The prevailing party in any action under this section shall be entitled to attorney fees and costs. A felony offense punishable in the same manner and to the same extent as for larceny of the money or property so received.
Any person convicted of violating any provision of this section shall be guilty of identity theft. Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court. The victim of identity theft may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft. A felony offense punishable by imprisonment in the Department of Corrections for a term of not more than 10 years.
In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision. As part of the restitution that the court may impose for the crimes described in this subchapter, it may also demand the reimbursement of the expenses of the victim for the restoration of his credit, including the payment of any debt or obligation arising from the acts of the offender.
Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than 10 years, or both.
The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: A Any property, real or personal, directly or indirectly acquired by or received in violation of this section; B Any property, real or personal, received as an inducement to violate this section; C Any property, real or personal, traceable to the proceeds from the violation; D Any property, real or personal, used in connection with or to facilitate a violation of this section; and E All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation.
The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property. B Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense.
C The court shall then award the remainder of the funds as follows: i In the event that the investigating and seizing agency was a state agency, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; ii In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; iii In the event that the investigating and seizing agency is a local public agency, then 25 percent of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section.
When more than one 1 local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution of 10 percent of the funds according to the participation of each local public agency.
Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and iv The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection c. An offense obtaining the financial information under Subsection b 1 is a Class B misdemeanor. An offense transferring the financial information to another under Subsection b 2 is a Class A misdemeanor.
An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five. An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.
Section 3. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently. When a defendant is convicted of a violation of this section, the court shall order the defendant to make restitution to any victim of the offense or state on the record the reason the court does not find ordering restitution to be appropriate.
Restitution under Subsection 5 may include: a payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and b the value of the victim's time incurred due to the offense: i in clearing the victim's credit history or credit rating; ii in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and iii in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
A person is guilty of a third degree felony if he: i obtains or possesses multiple identifying documents with knowledge that he is not entitled to obtain or possess the multiple identifying documents; or ii assists another person in obtaining or possessing multiple identifying documents with knowledge that the person is not entitled to obtain or possess the multiple identifying documents. Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony.
Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony. Violations of this section shall be punishable as a Class 1 misdemeanor. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony.
Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony.
Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person.
Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information. Robert Patrick Skiptracer as Skiptracer. Jonathan Banks Paul as Paul. Ryan Gaul Bartender as Bartender. Seth Gordon. Craig Mazin screenplay story Jerry Eeten story. More like this. Watch options. Storyline Edit. Sandy Patterson Jason Bateman gets a nice call confirming his name and other identifying information.
The next thing he knows, a spa in Florida is reminding him of his appointment and his credit cards are maxed out. With his identity stolen, Sandy leaves his wife, kids and job to literally bring the thief to justice in Colorado. Keeping tabs on the other Sandy Melissa McCarthy and run-ins with bounty hunters is harder than he was expecting, and ultimately the cross-country trip is going to find both Sandys learning life tips from one another.
Is this the face of a thief? Rated R for sexual content and language. Did you know Edit. Trivia Originally, Melissa McCarthy 's role was written for a male. Jason Bateman insisted that the part be changed after he saw McCarthy in Bridesmaids Goofs When the real Sandy is driving to Colorado with Diana.
The Task Force will continue its work over the coming months, and play a central role in the implementation of the Strategic Plan. You are here. For Release. Eighty-five percent of all ID theft victims reported that one or more of their existing accounts had been misused, including credit card, checking, or savings accounts; telephone service accounts; internet payment accounts; e-mail and other internet accounts; and medical insurance accounts.
Twelve percent of victims reported that their information was misused in other ways. Three percent of victims said that the thief had obtained medical treatment, services, or supplies using their personal information. One percent reported that a thief misused their personal information to rent housing, obtain government benefits, or get a job.
Approximately 40 percent of victims whose identity theft was limited to the misuse of existing accounts discovered the misuse within one week of when it began. In contrast, nearly one-quarter of victims of new account and other frauds did not find out about the misuse of their information until at least six months after it started.
In cases where they discovered the misuse more quickly, victims reported lower out-of-pocket losses and thieves obtained less. Fifty-six percent of all victims were unable to provide any information on how their personal information was stolen.
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