Chapter 75

2003 -- H 5871

Enacted 6/27/03

AN ACT

RELATING TO CRIMINAL OFFENSES - IMPERSONATION AND IDENTITY FRAUD

Introduced By: Representatives Kennedy, Lewiss, E Coderre, Fox, and Lima

Date Introduced: February 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-49.1-2 and 11-49.1-3 of the General Laws in Chapter 11-49.1

entitled "Impersonation and Identity Fraud" are hereby amended to read as follows:

11-49.1-2. Definitions. -- As used in this chapter:

      (1) "Document-making implement" means any implement, impression, electronic device,

or computer hardware or software, that is specifically configured or primarily used for making an

identification document, a false identification document, or another document-making

implement;

      (2) "Identification document" means a document made or card issued by or under the

authority of the United States Government, a state, political subdivision of a state, a foreign

government, political subdivision of a foreign government, an international governmental or an

international quasi-governmental organization which, when completed with information

concerning a particular individual, is of a type intended or commonly accepted for the purpose of

identification of individuals;

      (3) "Means of identification" means any name or number that may be used, alone or in

conjunction with any other information, to identify a specific individual, including any:

      (i) Name, social security number, date of birth, official state or government issued

driver's license or identification number, alien registration number, government passport number,

employer or taxpayer identification number;

      (ii) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other

unique physical representation;

      (iii) Unique electronic identification number, address, or routing code; or

      (iv) Telecommunication identifying information or access device as defined in 18 U.S.C.

section 1029(e).

      (4) "Produce" means to manufacture, alter, authenticate, or assemble an identification

document; and

      (5) "State" includes any state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the

United States. ;and

(6) “Financial Information” means any of the following information identifiable to an

individual that concerns the amount and/or condition of an individual’s assets, liabilities or credit:

(i) Account numbers and balances;

(ii) Transactional information concerning any account; or

(iii) Codes, passwords, social security numbers, tax identification numbers, driver’s

license numbers or any other information held for the purpose of account access or transaction

initiation.

11-49.1-3. Identity fraud. -- (a) Any person who shall: (1) knowingly and without lawful

authority produce an identification document or a false identification document; (2) knowingly

transfer an identification document or a false identification document knowing that the document

was stolen or produced without lawful authority; (3) knowingly possess with intent to use

unlawfully or transfer unlawfully five (5) or more identification documents (other than those

issued lawfully for the use of the possessor) or false identification documents; (4) knowingly

possess an identification document (other than one issued lawfully for the use of the possessor) or

a false identification document, or financial information with the intent that the document or

financial information be used to defraud the United States, the State of Rhode Island, any political

subdivision of it or any public or private entity; (5) knowingly transfer, or possess a document-

making implement with the intent that the document-making implement will be used in the

production of a false identification document or another document-making implement which will

be so used; (6) knowingly possess a false identification document that is or appears to be a

genuine identification document of the United States, the State of Rhode Island or any political

subdivision of it or any public or private entity which is stolen or produced without lawful

authority knowing that the document was stolen or produced without such authority; or (7)

knowingly transfer or use with intent to defraud, without lawful authority, a means of

identification or financial information of another person living or dead, with the intent to commit,

or to aid or abet, any unlawful activity that constitutes a violation of federal, state or local law;

shall be guilty of a felony and shall be subject to the penalties set forth in section 11-49.1-4.

      (b) The provisions of this section shall not apply to any person who has not reached his

or her twenty-first (21st) birthday who misrepresents or misstates his or her age through the

presentation of any document in order to enter any premises licensed for the retail sale of

alcoholic beverages for the purpose of purchasing or having served or delivered to him or her

alcoholic beverages or attempting to purchase or have another person purchase for him or her any

alcoholic beverage pursuant to section 3-8-6.

     SECTION 2. This act shall take effect upon passage and shall apply to those offenses

which occur after the date of passage.     

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LC01910

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