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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas Identity Fraud

Identity Fraud in Arkansas


Howerton Law Firm Identity Fraud Attorneys
Arkansas Identity Fraud Attorneys at the Howerton Law Firm handle all Arkansas identity fraud matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with identity fraud lawyer Wendy Howerton or simply call the Howerton Law Firm at 479-587-9300.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.


Arkansas Criminal Code for identity fraud in Arkansas
5-37-227. Financial identity fraud — Nonfinancial identity fraud — Restitution —
Venue.
(a) A person commits financial identity fraud if, with the purpose to:
(1) Create, obtain, or open a credit account, debit account, or other financial resource for
his or her benefit or for the benefit of a third party, he or she accesses, obtains, records, or
submits to a financial institution another person's identifying information for the purpose of
opening or creating a credit account, debit account, or financial resource without the
authorization of the person identified by the information; or
(2) Appropriate a financial resource of another person to his or her own use or to the use
of a third party without the authorization of that other person, the actor:
(A) Uses a scanning device; or
(B) Uses a re-encoder.
(b) A person commits nonfinancial identity fraud if he or she knowingly obtains another
person's identifying information without the other person's authorization and uses the identifying
information for any unlawful purpose, including without limitation:
(1) To avoid apprehension or criminal prosecution;
(2) To harass another person; or
(3) To obtain or to attempt to obtain a good, service, real property, or medical
information of another person.
(c) As used in this section:
(1) “Disabled person” means the same as defined in § 4-88-201;
(2) “Elder person” means the same as defined in § 4-88-201;
(3) “Financial institution” includes, but is not limited to, a credit card company, bank, or
any other type of lending or credit company or institution;
(4) “Financial resource” includes, but is not limited to, a credit card, debit card, or any
other type of line of credit or loan;
(5) “Identifying information” includes, but is not limited to, a:
(A) Social security number;
(B) Driver's license number;
(C) Checking account number;
(D) Savings account number;
(E) Credit card number;
(F) Debit card number;
(G) Personal identification number;
(H) Electronic identification number;
(I) Digital signature; or
(J) Any other number or information that can be used to access a person's
financial resources;
(6) “Re-encoder” means an electronic device that places encoded information from the
magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card;
and
(7) “Scanning device” means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
(d) The provisions of this section do not apply to any person who obtains another person's
driver's license or other form of identification for the sole purpose of misrepresenting the actor's
age.
(e) (1) Except as provided in subdivision (e)(2) of this section, financial identity fraud is a
Class C felony.
(2) Financial identify fraud is a Class B felony if the victim is an elder person or a
disabled person.
(f) (1) Except as provided in subdivision (f)(2) of this section, nonfinancial identity fraud is
a Class D felony.
(2) Nonfinancial identity fraud is a Class C felony if the victim is an elder person or a
disabled person.
(g) (1) In addition to any penalty imposed under this section, a violation of this section
constitutes an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act,
§ 4-88-101 et seq.
(2) Any remedy, penalty, or authority granted to the Attorney General or another person
under the Deceptive Trade Practices Act, § 4-88-101 et seq., is available to the Attorney General
or that other person for the enforcement of this section.
(h) (1) (A) In addition to any penalty imposed under this section, upon conviction for
financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make
restitution to any victim whose identifying information was appropriated or to the estate of the
victim under § 5-4-205.
(B) In addition to any other authorized restitution, the restitution order described
in subdivision (h)(1)(A) of this section may include without limitation restitution for the
following financial losses:
(i) Any costs incurred by the victim in correcting the credit history or
credit rating of the victim; and
(ii) Any costs incurred in connection with any civil or administrative
proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's
identifying information, including lost wages and attorney's fees.
(C) The court also may order restitution for financial loss to any other person or
entity that suffers a financial loss from a violation of subsection (a) or (b) of this section.
(2) A judgment entered under this section and § 5-4-205 does not bar a remedy available
in a civil action to recover damages relating to financial identity fraud or nonfinancial identity
fraud.
(i) Venue for any criminal prosecution under this section or any civil action to recover
damages relating to financial identity fraud or nonfinancial identity fraud is proper in any of the
following venues:
(1) In the county where the violation occurred;
(2) If the violation was committed in more than one (1) county, or if the elements of the
offense were committed in more than one (1) county, then in any county where any violation
occurred or where an element of the offense occurred;
(3) In the county where the victim resides; or
(4) In the county where property that was fraudulently used or attempted to be used was
located at the time of the violation.
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