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Pa Laws Regarding Identity Theft

What are Pennsylvania Laws Regarding Identity Theft?

Identity Theft Title 18 Pa C.S. 4120
In Pennsylvania, a person commits the offense of identity theft of another person if they possess or use, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.

Under the law, a police report taken by a local, county, or state law enforcement agency by a person stating that their identifying information had been used without their consent shall be considered evidence that the information was used or possessed without the person's consent.

Unlawful Use of Computer - Title 18 Pa C.S. 7611
Under the law, a person commits the offense of unlawful use of computer if they intentionally or knowingly and without authorization gives or publishes a password, identifying code, personal identification number, or other confidential information about a computer, computer system and or database, world wide web (www) site, or telecommunication device.

Computer Trespass - Title 18 Pa C.S. 7615
Under the law, a person commits the offense of computer trespass if they knowingly and without authority or in excess of given authority use a computer or computer network with the intent to effect the creation and or alteration of a financial instrument or an electronic transfer of funds.

Forgery - Title 18 Pa C.S. 4101
Under the law, a person is guilty of forgery if they intentionally defraud or injure anyone by altering any writing of another without their authority or makes, completes, executes, authenticates, issues or transfers any writing so that it gives the appearance of being the act of another.

Bad Checks - Title 18 Pa C.S. 4105
Under the law, a person commits the offense of bad checks when they issue or pass a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

Access Device Fraud - Title 18 C. S. 4106
Under the law, a person commits access device fraud if he or she uses a credit card, debit card, automated teller machine card, plate, code, account number, personal identification number or other means of account access to obtain or attempt to obtain property or services; or if they publish, make, sell, give, or transfer to another the means of account access knowing it is counterfeit, altered, incomplete or belongs to another person.

Act 94 of 2005

Under the law, notification of a computer breach would be required when an individual's name could be viewed in combination with other personal information, such as driver's license numbers, social security numbers or credit card numbers. Consumers would be notified by various methods including letter, telephone call, e-mail, or through statewide media. Following a breach, if an organization fails to notify the public as required by the law, a citizen victimized by identity theft can recover actual damages from the organization.