ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4234
(By Delegates L. White, Staton, Hunt, Trump,
Beane, Smirl and Manuel)
[Passed March 14, 1998; in effect ninety days from passage.]
AN ACT to amend article three, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifty-four, relating to creating a felony offense for taking
another person's name for the purpose of conducting financial
or credit transactions in that person's name; and excepting
certain persons therefrom.
Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section fifty- four, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-54. Taking identity of another person; penalty.
Any person who knowingly takes 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 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 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 drivers license or other form
of identification for the sole purpose of misrepresenting his or
her age.
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