TITLE XXXI
TRADE AND COMMERCE

CHAPTER 359-I
IDENTITY THEFT

Section 359-I:2

    359-I:2 Prohibited Conduct. –
I. Unless otherwise permitted by state law or rules or federal statute or regulation, no person shall, without the authorization, consent, or permission of the other person, do any of the following with fraudulent intent:
(a) Obtain, record, or access personal information or a financial device that would assist the person in accessing financial resources or obtaining personal information owned by the other person other than that which is necessary to process a transaction for the benefit of the other person.
(b) Obtain goods, services, or some other benefit through the use of personal information or a financial device of the other person.
(c) Obtain personal information or financial device documents in the other person's name.
(d) Possess the personal information or a financial device of the other person without permission or lawful authority, with the intent to use or to aid or permit some third person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.
(e) Use or possess personal information or a financial device of the other person without permission or lawful authority with the intent to obtain, or to aid or permit some third person to obtain, a government-issued document.
(f) Falsely make, complete, or alter a written instrument containing any personal information of the other person.
(g) Make or convey a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal information or financial device of the other person.
II. This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

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