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.