                                 CODE OF VIRGINIA

IDENTITY THEFT; PENALTY; RESTITUTION; VICTIM ASSISTANCE (§ 18.2-186.3)

A. It shall be unlawful for any person, without the authorization or permission
of the person or persons who are the subjects of the identifying information,
with the intent to defraud, for his own use or the use of a third person, to:

   1. Obtain, record, or access identifying information which is not available to
   the general public that would assist in accessing financial resources,
   obtaining identification documents, or obtaining benefits of such other
   person;

   2. Obtain money, credit, loans, goods, or services through the use of
   identifying information of such other person;

   3. Obtain identification documents in such other person&#8217;s name; or

   4. Obtain, record, or access identifying information while impersonating a
   law-enforcement officer or an official of the government of the Commonwealth.

B. It shall be unlawful for any person without the authorization or permission
of the person who is the subject of the identifying information, with the intent
to sell or distribute the information to another to:

   1. Fraudulently obtain, record, or access identifying information that is not
   available to the general public that would assist in accessing financial
   resources, obtaining identification documents, or obtaining benefits of such
   other person;

   2. Obtain money, credit, loans, goods, or services through the use of
   identifying information of such other person;

   3. Obtain identification documents in such other person&#8217;s name; or

   4. Obtain, record, or access identifying information while impersonating a
   law-enforcement officer or an official of the Commonwealth.

B1. It shall be unlawful for any person to use identification documents or
identifying information of another person, whether that person is dead or alive,
or of a false or fictitious person, to avoid summons, arrest, prosecution, or to
impede a criminal investigation.

C. As used in this section, &#8220;identifying information&#8221; shall include
but not be limited to: (i) name; (ii) date of birth; (iii) social security
number; (iv) driver&#8217;s license number; (v) bank account numbers; (vi)
credit or debit card numbers; (vii) personal identification numbers (PIN);
(viii) electronic identification codes; (ix) automated or electronic signatures;
(x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other
numbers or information that can be used to access a person&#8217;s financial
resources, obtain identification, act as identification, or obtain money,
credit, loans, goods, or services.

D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any
violation resulting in financial loss of $1,000 or more shall be punishable as a
Class 6 felony. Any second or subsequent conviction shall be punishable as a
Class 6 felony. Any violation of subsection B where five or more persons&#8217;
identifying information has been obtained, recorded, or accessed in the same
transaction or occurrence shall be punishable as a Class 5 felony. Any violation
of subsection B where 50 or more persons&#8217; identifying information has been
obtained, recorded, or accessed in the same transaction or occurrence shall be
punishable as a Class 4 felony. Any violation resulting in the arrest and
detention of the person whose identification documents or identifying
information were used to avoid summons, arrest, prosecution, or to impede a
criminal investigation shall be punishable as a Class 5 felony. In any
proceeding brought pursuant to this section, the crime shall be considered to
have been committed in any locality where the person whose identifying
information was appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually in such locality.

E. Upon conviction, in addition to any other punishment, a person found guilty
of this offense shall be ordered by the court to make restitution as the court
deems appropriate to any person whose identifying information was appropriated
or to the estate of such person. Such restitution may include the person&#8217;s
or his estate&#8217;s actual expenses associated with correcting inaccuracies or
errors in his credit report or other identifying information.

F. Upon the request of a person whose identifying information was appropriated,
the Attorney General may provide assistance to the victim in obtaining
information necessary to correct inaccuracies or errors in his credit report or
other identifying information; however, no legal representation shall be
afforded such person.

HISTORY: 2000, c. 349; 2001, c. 423; 2003, cc. 847, 914, 918; 2004, c. 450;
2006, cc. 455, 496; 2007, c. 441; 2009, cc. 314, 380; 2013, cc. 420, 466; 2018,
cc. 764, 765; 2020, cc. 89, 401.