US Laws, Codes, Statutes & Cases

      1. A person is guilty of misuse of identification if, in order to obtain confidential information, property or services, the person intentionally or knowingly:
   
A. Presents or uses a credit or debit card that is stolen, forged, canceled or obtained as a result of fraud or deception; [1999, c. 190, §3 (new).]    
B. Presents or uses an account, credit or billing number that that person is not authorized to use or that was obtained as a result of fraud or deception; or [1999, c. 190, §3 (new).]    
C. Presents or uses a form of legal identification that that person is not authorized to use. [1999, c. 190, §3 (new).] [1999, c. 190, §3 (new).]
      2. It is an affirmative defense to prosecution under this section that the person believed in good faith that the person was authorized to present or use the card, number or legal identification.[1999, c. 190, §3 (new).]
      3. Proof of actual or constructive notice of cancellation gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person who presented the canceled credit or debit card knew it had been canceled.[2001, c. 383, §107 (amd); §156 (aff).]
      4. As used in this section, "legal identification" includes a social security card, social security number, birth certificate, driver's license, government-issued identification card, oral statement of full name and date of birth or any other means of identifying a person that is generally accepted as accurate and reliable.[1999, c. 190, §3 (new).]
      5. Misuse of identification is a Class D crime.[1999, c. 190, §3 (new).]

Section History:

PL 1999,  Ch. 190,   §3 (NEW).
PL 2001,  Ch. 383,   §107 (AMD).
PL 2001,  Ch. 383,   §156 (AFF).