MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Lee

AN ACT TO AMEND SECTION 97-19-85, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF TAKING THE IDENTITY OF ANOTHER PERSON; TO PRESCRIBE PENALTIES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-19-85, Mississippi Code of 1972, is amended as follows:

97-19-85. (1) Any person who shall make or cause to be made any false statement or representation as to his or another person's identity, Social Security account number or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or any thing of value, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed one (1) year, or both.

(2) A person is guilty of fraud under subsection (1) who:

(a) Shall furnish false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person;

(b) Willfully, knowingly, and with intent to deceive, uses a Social Security account number to establish and maintain business or other records; or

(c) With intent to deceive, falsely represents a number to be the Social Security account number assigned to him or another person, when in fact the number is not the Social Security account number assigned to him or such other person; or

(d) Knowingly alters a Social Security card, buys or sells a Social Security card or counterfeit or altered Social Security card, counterfeits a Social Security card, or possesses a Social Security card or counterfeit Social Security card with intent to sell or alter it.

(2) A person commits taking the identity of another person if the person knowingly takes the name, birth date, any account number or Social Security number of another person, without the consent of that other person, with the intent to obtain or use the other person's identity for any unlawful purpose or to cause loss to a person, and upon conviction thereof, shall be guilty of a felony and sentenced to the custody of the State Department of Corrections for a term not to exceed twenty (20) years.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.