TITLE XXXI
TRADE AND COMMERCE

CHAPTER 359-I
IDENTITY THEFT

Section 359-I:1

    359-I:1 Definitions. –
In this chapter:
I. "Financial device" means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to any of the following:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card.
(b) A check.
(c) A negotiable order of withdrawal.
(d) A share draft.
(e) A money order.
(f) An Automated Clearing House ("ACH") or other electronic transaction.
(g) Any device or process, whether based on a binary or digital code used to transfer value from one person or entity to another.
II. "Personal information" shall include any one or more of the following, whether the information is owned by or assigned to the person it relates to:
(a) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.
(b) A home or physical address.
(c) A telephone number.
(d) A social security number.
(e) Any personal identification number.
(f) A credit or debit card number.
(g) Any access code associated with a credit or debit card.
(h) A date of birth, birth certificate number, or place of birth.
(i) A password or access code.
(j) A financial institution account number.
(k) A driver's license or other governmental identification.
III. "Victim" means any person whose personal information or financial device has been obtained, accessed, possessed, or recorded in violation of this chapter or any person that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this chapter.
IV. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, limited liability company, or other form of entity, or any agency, authority, board, court, department, division, commission, institution, bureau, or other state governmental entity, or any political subdivision of the state.

Source. 2007, 78:1, eff. Jan. 1, 2008.