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Identity Theft and Identity Fraud in Texas Law
Identity theft and identity fraud are serious offenses under Texas law, often involving the use of someone else’s personal information—like Social Security numbers, bank account details, or driver’s license data—for financial gain or deception. Prosecuted under Texas Penal Code § 32.51, these crimes can lead to felony charges, especially when multiple victims or large-scale schemes are involved. In this post, we explain how Texas defines identity crimes, the penalties you could face, and what defenses may apply. If you’re being investigated or charged and need a reliable attorney near you, now is the time to protect your rights and reputation.
Identity Theft and Identity Fraud in Texas Law
Identity theft is a serious offense in Texas, encompassing a range of activities from unauthorized use of personal information to sophisticated fraud schemes. Understanding the legal definitions, penalties, and potential defenses is crucial for anyone facing such charges.
Legal Definitions
Fraudulent Use or Possession of Identifying Information
Under Texas Penal Code § 32.51, a person commits an offense if they obtain, possess, transfer, or use identifying information of another person without consent, with the intent to harm or defraud. Identifying information includes:
- Name and date of birth
- Social Security number
- Driver's license or government-issued ID number
- Bank account or credit card numbers
- Biometric data (e.g., fingerprints, retina scans)
- Telecommunication access device information
Penalties
Penalties for identity theft in Texas vary based on the number of items involved:
- Less than 5 items: State jail felony; 180 days to 2 years in state jail and/or a fine up to $10,000.
- 5 to 9 items: Third-degree felony; 2 to 10 years in prison and/or a fine up to $10,000.
- 10 to 49 items: Second-degree felony; 2 to 20 years in prison and/or a fine up to $10,000.
- 50 or more items: First-degree felony; 5 to 99 years in prison and/or a fine up to $10,000. Texas Criminal Defense Lawyers
Additional penalties may apply under the Texas Identity Theft Enforcement and Protection Act, including civil penalties ranging from $2,000 to $50,000 per violation, and up to $250,000 per breach for failing to notify consumers of data breaches. Texas Attorney General
Common Examples
- Credit Card Fraud: Using someone else's credit card information without authorization.
- Medical Identity Theft: Using another person's information to obtain medical services.
- Employment Fraud: Using false identification to gain employment.
- Synthetic Identity Theft: Combining real and fake information to create a new identity.
In 2021, Texas reported over 101,000 cases of identity theft, with 40% involving stolen credit cards, 21% related to loans, and 12% concerning bank accounts. Texas Bar
Legal Defenses
- Lack of Intent: Demonstrating no intent to harm or defraud.
- Consent: Proving the alleged victim consented to the use of their information.
- Mistaken Identity: Arguing that the accused is not the person who committed the offense.
- Insufficient Evidence: Challenging the adequacy of the prosecution's evidence.Wikipedia
Conclusion
Identity theft charges in Texas carry severe consequences, including substantial fines and lengthy imprisonment.Understanding the legal framework and potential defenses is essential for anyone accused of such offenses.
If you or someone you know is facing identity theft charges, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.
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