{"id":377218,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-identity-theft-laws.html"},"modified":"2017-10-26T15:11:47","modified_gmt":"2017-10-26T20:11:47","slug":"west-virginia-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-identity-theft-laws.html","title":{"rendered":"West Virginia Identity Theft Laws"},"content":{"rendered":"\n
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West Virginia 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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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As the use of smart phones, online shopping, and high speed Internet grows, the crime of identity theft<\/a> is becoming more prevalent. In fact, identity theft is one of the fastest growing crimes in the U.S. In order to combat this crime, the federal government and many states have passed laws making various forms of identity theft illegal. Read on to learn more about West Virginia’s identity theft laws. <\/p>\n

West Virginia Laws Related to Identity Theft<\/h2>\n

The following table briefly explains West Virginia\u2019s main identity theft laws<\/a><\/p>\n\n
Code Sections<\/b><\/td>\nWest Virginia Code Section 61-3-54: Taking the Identity of Another Person<\/a> and Chapter 46A, Article 6L: Theft of Consumer Identity Protections<\/a><\/td>\n<\/tr>
What is Prohibited?<\/b><\/td>\nWest Virginia law prohibits knowingly taking the name, birth date, social security<\/a> number, or any other identifying information of another person without that person\u2019s consent, with the intent to falsely represent that he or she is that other person to make financial or credit transactions in that person\u2019s name.<\/td>\n<\/tr>
Penalty<\/b><\/td>\nIdentity theft<\/a> is a felony that can be punished by up to 5 years in prison or fined not more than $1,000 or both<\/td>\n<\/tr>
Exemptions to Identity Theft Laws<\/b><\/td>\nThe criminal identity theft statute doesn\u2019t apply to minors<\/a> seeking to get privileges denied them, such as an underage person trying to get into a bar or buy cigarettes.<\/td>\n<\/tr>
Who Prosecutes?<\/b><\/td>\nThe local prosecuting attorney<\/a> will most likely prosecute an identity theft crime. However, the Attorney General does enforce West Virginia\u2019s consumer protection laws so it\u2019s a good idea to call the Consumer Protection Hotline<\/a> at 1-800-368-8808 if identity theft happens to you.<\/td>\n<\/tr>
Credit Security Freezes<\/b><\/td>\nWest Virginia law permits consumers to request a security freeze<\/a> from consumer reporting agencies where a person can\u2019t open a new credit card or other line of credit.
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\nA person whose identity is stolen may want a security freeze to prevent further harm. However, if you know you\u2019ll need credit in the near future, such as to buy a car, the \u201cunfreezing\u201d procedures may delay your ability to apply for credit.<\/td>\n<\/tr><\/tbody><\/table>\n

If you\u2019re the victim of an identity theft crime, you should report the crime to the West Virginia Attorney General\u2019s Office at 1-800-368-8808 and the Federal Trade Commission (FTC) online<\/a>. You may also want to consult with an experienced West Virginia consumer protection lawyer<\/a> to learn about other legal options.<\/p>\n

On the other hand, if you\u2019ve been accused of identity theft, you need to speak to an experienced local criminal defense lawyer<\/a> or your assigned public defender.<\/p>\n

Note:<\/i><\/b> State and federal laws are updated regularly. You should contact an attorney or conduct your own legal research to verify these identity theft laws.<\/i><\/p>\n

Research the Law<\/h2>\n