H.F. _____ Section 1. Section 715A.8, Code 2011, is amended to read as 1 follows: 2 715A.8 Identity theft —— offenses —— penalties . 3 1. a. For purposes of this section , “identification 4 information” includes, but is not limited to, the name, 5 address, date of birth, telephone number, driver’s license 6 number, nonoperator’s identification card number, social 7 security number, student identification number, military 8 identification number, alien identification or citizenship 9 status number, employer identification number, signature, 10 electronic mail signature, electronic identifier or screen 11 name, biometric identifier, genetic identification information, 12 access device, logo, symbol, trademark, place of employment, 13 employee identification number, parent’s legal surname prior to 14 marriage, demand deposit account number, savings or checking 15 account number, or credit card number of a person. 16 b. For purposes of this section , “financial institution” 17 means the same as defined in section 527.2 , and includes an 18 insurer organized under Title XIII, subtitle 1 , of this Code, 19 or under the laws of any other state or the United States. 20 2. a. A person commits the offense of identity theft 21 if the person fraudulently uses or attempts to fraudulently 22 use identification information of another person, with the 23 intent to obtain credit, property, services, or other benefit 24 fraudulently or knowingly takes, purchases, manufactures, 25 records, possesses, uses, or attempts to take, purchase, 26 manufacture, record, possess, or use identification information 27 of another person or entity, including a real or fictitious 28 person or entity, without the consent of the other person or 29 entity, with the intent to obtain or use the identification 30 information for any unlawful purpose, or to cause loss to 31 the other person or entity, or with the intent to obtain or 32 continue employment. An offense is committed regardless 33 of whether the other person or entity actually suffers any 34 economic loss as a result of the offense . 35 -1- LSB 5943YC (3) 84 rn/rj 1/ 7

H.F. _____ b. A person commits the offense of knowingly accepting 1 the identity of another person if the person, in hiring an 2 employee, knowingly does both of the following: 3 (1) Accepts any identification information of another 4 person with knowledge that the other person presenting the 5 identification information is not the actual person identified 6 by that identification information. 7 (2) Uses the identification information for the purpose of 8 determining whether the person who presented the identification 9 information has the legal right or authorization under federal 10 law to work in the United States as described and determined 11 pursuant to the processes and procedures under 8 U.S.C. § 12 1324a. 13 c. (1) A person commits the offense of aggravated identity 14 theft if the person does either of the following: 15 (a) Fraudulently or knowingly takes, purchases, 16 manufactures, records, possesses, uses, or attempts to take, 17 purchase, manufacture, record, possess, or use identification 18 information of five or more other persons or entities, 19 including real or fictitious persons or entities, without the 20 consent of the other persons or entities, with the intent to 21 obtain or use the identification information for any unlawful 22 purpose, or to cause loss to the persons or entities. An 23 offense is committed regardless of whether the persons or 24 entities actually suffer any economic loss as a result of the 25 offense. 26 (b) Commits the offense of identity theft under paragraph 27 “a” and causes another person or entity to suffer an economic 28 loss of three thousand dollars or more. 29 (2) In an action for aggravated identity theft pursuant to 30 this paragraph “c” , proof of possession outside the regular 31 course of business of identification information of five or 32 more persons or entities may give rise to an inference that 33 the identification information was possessed for an unlawful 34 purpose. 35 -2- LSB 5943YC (3) 84 rn/rj 2/ 7

H.F. _____ d. A person commits the offense of trafficking identity 1 theft if the person fraudulently or knowingly sells, transfers, 2 or transmits any identification information of another person 3 or entity, including a real or fictitious person or entity, 4 without the consent of the other person or entity for any 5 unlawful purpose or to cause loss to the person or entity 6 regardless of whether the other person or entity actually 7 suffers any economic loss as a result of the offense. 8 3. If the value of the credit, property, or services 9 exceeds one thousand dollars, the person commits a class “D” 10 felony. If the value of the credit, property, or services 11 does not exceed one thousand dollars, the person commits an 12 aggravated misdemeanor. A violation of this subsection shall 13 be punishable as follows: 14 a. A person who violates subsection 2, paragraph “a” , 15 commits a class “D” felony. 16 b. A person who violates subsection 2, paragraph “b” , 17 commits a class “D” felony, and notwithstanding section 902.9, 18 subsection 5, shall be punished by confinement for no more than 19 seven years and a fine of at least eight hundred fifty dollars 20 but not more than eight thousand five hundred dollars. 21 c. A person who violates subsection 2, paragraph “c” , 22 commits a class “C” felony. 23 d. A person who violates subsection 2, paragraph “d” , 24 commits a class “C” felony, and notwithstanding section 902.9, 25 subsection 4, shall be punished by confinement for no more than 26 twelve years and a fine of at least one thousand two hundred 27 fifty dollars but not more than ten thousand two hundred fifty 28 dollars. 29 4. A violation of this section is an unlawful practice under 30 section 714.16 . 31 5. Violations of this section shall be prosecuted in any of 32 the following venues: 33 a. In the county in which the violation occurred. 34 b. If the violation was committed in more than one county, 35 -3- LSB 5943YC (3) 84 rn/rj 3/ 7

H.F. _____ or if the elements of the offense were committed in more than 1 one county, then in any county where any violation occurred or 2 where an element of the offense occurred. 3 c. In the county where the victim resides. 4 d. In the county where the property that was fraudulently 5 used or attempted to be used subject to the violation was 6 located at the time of the violation. 7 6. Any real or personal property obtained by a person as 8 a result of a violation of this section , including but not 9 limited to any money, interest, security, claim, contractual 10 right, or financial instrument that is in the possession of the 11 person, shall be subject to seizure and forfeiture pursuant to 12 chapter 809A . A victim injured by a violation of this section , 13 or a financial institution that has indemnified a victim 14 injured by a violation of this section , may file a claim as 15 an interest holder pursuant to section 809A.11 for payment of 16 damages suffered by the victim including costs of recovery and 17 reasonable attorney fees. 18 7. A financial institution may file a complaint regarding a 19 violation of this section on behalf of a victim and shall have 20 the same rights and privileges as the victim if the financial 21 institution has indemnified the victim for such violations. 22 8. Upon the request of a victim, a peace officer in any 23 jurisdiction described in subsection 5 shall take a report 24 regarding an alleged violation of this section and shall 25 provide a copy of the report to the victim. The report may also 26 be provided to any other law enforcement agency in any of the 27 jurisdictions described in subsection 5 . 28 EXPLANATION 29 This bill modifies current provisions constituting identity 30 theft, and adds additional forms of identity theft subject to 31 penalty. 32 Code section 715A.8 currently specifies that a person 33 commits the offense of identity theft if the person 34 fraudulently uses or attempts to fraudulently use 35 -4- LSB 5943YC (3) 84 rn/rj 4/ 7

H.F. _____ identification information, as defined in the Code section, of 1 another person, with the intent to obtain credit, property, 2 services, or other benefit. The bill modifies the Code section 3 by creating four separate offenses constituting identity theft. 4 The bill provides that a person commits the offense of 5 identity theft if the person fraudulently or knowingly 6 takes, purchases, manufactures, records, possesses, uses, or 7 attempts to take, purchase, manufacture, record, possess, or 8 use identification information of another person or entity, 9 including a real or fictitious person or entity, without the 10 consent of the other person or entity, with the intent to 11 obtain or use the identification information for any unlawful 12 purpose, or to cause loss to the other person or entity, or 13 with the intent to obtain or continue employment. The bill 14 states that an offense is committed regardless of whether the 15 other person or entity actually suffers any economic loss as a 16 result of the offense. 17 The bill provides that a person commits the offense 18 of knowingly accepting the identity of another person if 19 the person, in hiring an employee, knowingly accepts any 20 identification information of another person with knowledge 21 that the other person is not the actual person identified by 22 that information, or uses the information for the purpose of 23 determining whether the person who presented the information 24 has the legal right or authorization under federal law to work 25 in the United States as described and determined pursuant to 26 the processes and procedures under 8 U.S.C. § 1324a dealing 27 with the unlawful employment of aliens. 28 The bill provides that a person commits the offense of 29 aggravated identity theft if the person either commits the 30 offense of identity theft in relation to the identification 31 information of five or more persons or entities, or commits 32 the offense of identity theft and causes another person or 33 entity to suffer an economic loss of $3,000 or more. The 34 bill adds that in an action for aggravated identity theft 35 -5- LSB 5943YC (3) 84 rn/rj 5/ 7

H.F. _____ proof of possession outside the regular course of business 1 of identification information of five or more persons or 2 entities may give rise to an inference that the identification 3 information was possessed for an unlawful purpose. 4 The bill provides that a person commits the offense of 5 trafficking identity theft if the person fraudulently or 6 knowingly sells, transfers, or transmits any identification 7 information of another person or entity, including a real or 8 fictitious person or entity, without the consent of the other 9 person or entity for any unlawful purpose or to cause loss to 10 the person or entity regardless of whether the other person or 11 entity actually suffers any economic loss. 12 The bill also modifies penalties applicable to the offense 13 of identity theft. Currently penalties vary depending upon 14 the value of the credit, property, or services subject to the 15 offense. If the value of the credit, property, or services 16 exceeds $1,000, the person commits a class “D” felony. If the 17 value of the credit, property, or services does not exceed 18 $1,000, the person commits an aggravated misdemeanor. The bill 19 replaces these provisions with separate penalties applicable 20 for each of the four types of identity theft. The bill 21 provides that the “basic” form of identity theft is punishable 22 as a class “D” felony. A class “D” felony is punishable 23 by confinement for no more than five years and a fine of 24 at least $750 but not more than $7,500. The bill provides 25 that knowingly accepting the identity of another person is 26 punishable as a class “D” felony, but with increased potential 27 terms of confinement and fines in the form of no more than 28 seven years confinement and a fine of at least $850 but not 29 more than $8,500. The bill provides that aggravated identity 30 theft is punishable as a class “C” felony. A class “C” felony 31 is punishable by confinement for no more than 10 years and a 32 fine of at least $1,000 but not more than $10,000. The bill 33 provides that trafficking identity theft is punishable as a 34 class “C” felony, but again with increased potential terms of 35 -6- LSB 5943YC (3) 84 rn/rj 6/ 7

H.F. _____ confinement and fines in the form of no more than 12 years 1 confinement and a fine of at least $1,250 but not more than 2 $10,250. 3 In addition to the penalties provided in the bill, all forms 4 of identity theft will be subject to the existing civil cause 5 of action provisions of Code section 714.16B, which provide 6 that a person suffering a pecuniary loss as a result of an 7 identity theft by another person under Code section 715A.8, 8 or a financial institution on behalf of an account holder 9 suffering a pecuniary loss as a result of an identity theft 10 by another person under the Code section, may bring an action 11 against such other person to recover specified costs and fees, 12 and the amount of $5,000 or three times the actual damages, 13 whichever is greater. Existing Code section 715A.9 provides a 14 method for the determination of the value of credit, property, 15 or services subject to an identity theft. 16 Additionally, Code section 715A.8 provides that identity 17 theft constitutes an unlawful practice under the consumer 18 fraud provisions of Code section 714.16. In addition to 19 other specified remedies, Code section 714.16 provides that 20 the attorney general may request and the court may impose a 21 civil penalty not to exceed $40,000 per violation against 22 a person found by the court to have engaged in a method, 23 act, or practice declared unlawful, and that the court may 24 impose a civil penalty of not more than $5,000 for each day 25 of intentional violation of a temporary restraining order, 26 preliminary injunction, or permanent injunction issued under 27 the Code section. 28 -7- LSB 5943YC (3) 84 rn/rj 7/ 7