2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4120 - Identity theft.

     § 4120.  Identity theft.
        (a)  Offense defined.--A person commits the offense of
     identity theft of another person if he possesses or uses,
     through any means, identifying information of another person
     without the consent of that other person to further any unlawful
     purpose.
        (b)  Separate offenses.--Each time a person possesses or uses
     identifying information in violation of subsection (a)
     constitutes a separate offense under this section. However, the
     total values involved in offenses under this section committed
     pursuant to one scheme or course of conduct, whether from the
     same victim or several victims, may be aggregated in determining
     the grade of the offense.
        (c)  Grading.--The offenses shall be graded as follows:
            (1)  Except as otherwise provided in paragraph (2), an
        offense under subsection (a) falls within the following
        classifications depending on the value of any property or
        services obtained by means of the identifying information:
                (i)  if the total value involved is less than $2,000,
            the offense is a misdemeanor of the first degree;
                (ii)  if the total value involved was $2,000 or more,
            the offense is a felony of the third degree;
                (iii)  regardless of the total value involved, if the
            offense is committed in furtherance of a criminal
            conspiracy as defined in section 903 (relating to
            criminal conspiracy), the offense is a felony of the
            third degree; or
                (iv)  regardless of the total value involved, if the
            offense is a third or subsequent offense under this
            section, the offense is a felony of the second degree.
            (2)  When a person commits an offense under subsection
        (a) and the victim of the offense is 60 years of age or older
        or a care-dependent person as defined in section 2713
        (relating to neglect of care-dependent person), the grading
        of the offense shall be one grade higher than specified in
        paragraph (1).
        (d)  Concurrent jurisdiction to prosecute.--In addition to
     the authority conferred upon the Attorney General by the act of
     October 15, 1980 (P.L.950, No.164), known as the Commonwealth
     Attorneys Act, the Attorney General shall have the authority to
     investigate and to institute criminal proceedings for any
     violation of this section or any series of such violations
     involving more than one county of this Commonwealth or another
     state. No person charged with a violation of this section by the
     Attorney General shall have standing to challenge the authority
     of the Attorney General to investigate or prosecute the case,
     and if any such challenge is made, the challenge shall be
     dismissed and no relief shall be made available in the courts of
     this Commonwealth to the person making the challenge.
        (e)  Use of police reports.--A report to a law enforcement
     agency by a person stating that the person's identifying
     information has been lost or stolen or that the person's
     identifying information has been used without the person's
     consent shall be prima facie evidence that the identifying
     information was possessed or used without the person's consent.
        (e.1)  Venue.--Any offense committed under subsection (a) may
     be deemed to have been committed at any of the following:
            (1)  The place where a person possessed or used the
        identifying information of another without the other's
        consent to further any unlawful purpose.
            (2)  The residence of the person whose identifying
        information has been lost or stolen or has been used without
        the person's consent.
            (3)  The business or employment address of the person
        whose identifying information has been lost or stolen or has
        been used without the person's consent, if the identifying
        information at issue is associated with the person's business
        or employment.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Document."  Any writing, including, but not limited to,
     birth certificate, Social Security card, driver's license,
     nondriver government-issued identification card, baptismal
     certificate, access device card, employee identification card,
     school identification card or other identifying information
     recorded by any other method, including, but not limited to,
     information stored on any computer, computer disc, computer
     printout, computer system, or part thereof, or by any other
     mechanical or electronic means.
        "Identifying information."  Any document, photographic,
     pictorial or computer image of another person, or any fact used
     to establish identity, including, but not limited to, a name,
     birth date, Social Security number, driver's license number,
     nondriver governmental identification number, telephone number,
     checking account number, savings account number, student
     identification number, employee or payroll number or electronic
     signature.
     (May 22, 2000, P.L.102, No.21, eff. 60 days; June 19, 2002,
     P.L.430, No.62, eff. 60 days)

        2002 Amendment.  Act 62 amended subsecs. (a), (b), (c) and
     (f) and added subsec. (e.1).
        2000 Amendment.  Act 21 added section 4120.
        Cross References.  Section 4120 is referred to in sections
     1107.1, 3311 of this title; sections 8315, 9720.1 of Title 42
     (Judiciary and Judicial Procedure).