South Carolina General Assembly
116th Session, 2005-2006

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Bill 3085


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-13-510 of the 1976 Code is amended to read:

"Section 16-13-510.    (A)    It is unlawful for a person to commit the offense of financial identity fraud.

(B)    A person is guilty of financial identity fraud when he, without the authorization or permission of another person and with the intent of unlawfully appropriating the financial resources of that person to his own use or the use of a third party:

(1)    obtains or records identifying information which would assist in accessing the financial records of the other person; or

(2)    accesses or attempts to access the financial resources of the other person through the use of identifying information as defined in subsection (C) (D).

(C)    A person is guilty of identity fraud when he uses identifying information, as defined in subsection (D), of another person for the purpose of obtaining employment.

(D)    Identifying information includes, but is not limited to:

(1)    social security numbers;

(2)    driver's license numbers;

(3)    checking account numbers;

(4)    savings account numbers;

(5)    credit card numbers;

(6)    debit card numbers;

(7)    personal identification numbers;

(8)    electronic identification numbers;

(9)    digital signatures; or

(10)    other numbers or information which may be used to access a person's financial resources.

(D) (E)     A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both. The court may order restitution to the victim pursuant to the provisions of Section 17-25-322."

SECTION    2.    This act takes effect upon approval by the Governor.

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