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Introduced Version House Bill 2179 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2179


(By Delegates Argento, Stemple, Martin, Talbott and Fragale)

[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as amended, relating to including persons who participate in or who contribute to taking a person's identity with fraudulent intent under the provisions of the criminal offense of taking the identity of another person.

Be it enacted by the Legislature of West Virginia:
That §61-3-54 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-54. Taking identity of another person; penalty.
Any person who knowingly takes or who participates or contributes in the taking of the name, birth date, social security number or other identifying information of another person, without the consent of that other person, with the intent to fraudulently represent that he or she or a third person is the other person for the purpose of making financial or credit transactions in the other person's name, is guilty of a felony, and upon conviction, shall be punished by confinement in the penitentiary a state correctional facility not more than five years, or fined not more than one thousand dollars, or both: Provided, That the provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.


NOTE: The purpose of this bill is to include persons who participate in or who contribute to taking a person's identity with fraudulent intent under the provisions of the criminal offense of taking the identity of another person.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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