Identity theft bill signed into law

JEFFERSON CITY, Mo. -- Identity thieves will face tougher sentences and may be sued for damages under a bill signed Monday by Gov. Bob Holden.

Under the new law, taking effect Aug. 28, fines and jail terms are tied to the value of the goods or services obtained by a thief using stolen identity.

Current statute provides simply for maximums of six months in jail for a first offense, one year for a second offense and five years for subsequent offenses.

The new law also allows victims of identity theft to sue the suspected offender -- regardless of whether criminal charges have been filed -- and recover damages of up to $5,000 or triple the actual damages, whichever is greater.

In addition, the law makes it a felony to steal someone else's identity to commit election fraud.

"This is a growing concern in our society, and we need some teeth in the law to show we're serious about protecting people's identity," said Mary Still, the governor's spokeswoman.

In cases where a stolen identity is used to purchase up to $500 of goods or services, the offender would receive up to a year in jail and a fine of up to $1,000. When a stolen identity is used to purchase more than $100,000 in merchandise, the offender would receive 10 to 30 years in prison.

When an identity is stolen but it is not sued to purchase goods or services, the punishment would be six months in jail and a $500 fine.

But one section of the new law could be altered slightly before it takes effect.

Holden's legal counsel has said that a section allowing identity theft cases to be tried where a defendant lives -- among other possibilities -- appears to violate a provision of the U.S. Constitution requiring that trial be held where the alleged crime occurs.

That problem could be addressed by amending the correct identity theft wording into a banking bill which the Legislature is likely to approve later this week.

The banking bill would expand tax breaks for people saving money for college to include certificates of deposit at Missouri banks. Republican Rep. Blaine Luetkemeyer of St. Elizabeth, the banking bill's sponsor, said he expects the identity theft provisions to be added to his bill.

If the banking bill -- including the correct wording on identity theft -- passes the Legislature and is signed by Holden, it would supersede the similar language in the original identity theft bill.

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Identity theft bill is HB916. Banking bill is HB959.

On the Net:

Legislature: http://www.moga.state.mo.us