{"id":376629,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-identity-theft-laws.html"},"modified":"2018-03-28T10:25:02","modified_gmt":"2018-03-28T15:25:02","slug":"texas-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-identity-theft-laws.html","title":{"rendered":"Texas Identity Theft Laws"},"content":{"rendered":"\n
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Texas Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Like many states, Texas has developed identity theft laws that punish a number of activities that involve the fraudulent use of another’s identity. Penalties are severe and can include a significant amount of prison time and large fines.<\/p>\n

The following chart provides an overview of Texas identity theft laws, potential defenses, and possible penalties for a conviction:<\/p>\n\n
Statute<\/b><\/td>\nTexas Identity Theft Statute<\/a> (Penal Code, Title 7, Chapter 32, Section 32.51 — Scroll down to the section on fraudulent use or possession of identifying information)<\/td>\n<\/tr>
The Crime of Identity Theft<\/b><\/td>\n

The crime of identity theft<\/a> includes obtaining, possessing, or using the identity of another individual — regardless of whether they are living or dead and regardless of their age (infant, minor, adult or elderly) — with the intent to harm or defraud someone. Under the law, the defendant will be presumed to have had the intent to harm or defraud another person if he or she possesses the identifying information of three or more people, living or dead.<\/p>\n

See FindLaw’s Fraud and Financial Crimes<\/a> to learn about related charges.<\/p>\n<\/td>\n<\/tr>

Defenses<\/b><\/td>\n
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  • Lack of intent to deceive or harm another individual<\/li>\n
  • Mistake of fact (e.g. the defendant did not obtain or possess the identity of another individual)<\/li>\n
  • Age (Minors may receive lighter punishments under the law if convicted.)<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties and Sentences<\/b><\/td>\n

The crime of identity theft is a felony. The severity of the felony depends on how many items were obtained, possessed or transferred by the defendant:<\/p>\n