Chapter
064
2003 -- S 0663
Enacted—06/27/03
A N A C T
RELATING
TO CRIMINAL OFFENSES - IMPERSONATION AND IDENTITY FRAUD
Introduced
By: Senators Walaska, and Raptakis
Date
Introduced: February 13, 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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LC02261
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