1.1 	A bill for an act
1.2 	relating to crimes; prohibiting using a false pretense
1.3 	in an e-mail to obtain the identity of another;
1.4 	imposing penalties; amending Minnesota Statutes 2004,
1.5 	section 609.527, subdivisions 1, 6, by adding a
1.6 	subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 609.527,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Definitions.  (a) As used in this section,
1.11 	the following terms have the meanings given them in this
1.12 	subdivision.
1.13 	(b) "Direct victim" means any person or entity described in
1.14 	section 611A.01, paragraph (b), whose identity has been
1.15 	transferred, used, or possessed in violation of this section.
1.16 	(c) "False pretense" means any false, fictitious,
1.17 	misleading, or fraudulent information or pretense or pretext
1.18 	depicting or including or deceptively similar to the name, logo,
1.19 	Web site address, e-mail address, postal address, telephone
1.20 	number, or any other identifying information of a for-profit or
1.21 	not-for-profit business or organization or of a government
1.22 	agency, to which the user has no legitimate claim of right.
1.23 	(d) "Identity" means any name, number, or data transmission
1.24 	that may be used, alone or in conjunction with any other
1.25 	information, to identify a specific individual or entity,
1.26 	including any of the following:
2.1 	(1) a name, Social Security number, date of birth, official
2.2 	government-issued driver's license or identification number,
2.3 	government passport number, or employer or taxpayer
2.4 	identification number;
2.5 	(2) unique electronic identification number, address,
2.6 	account number, or routing code; or
2.7 	(3) telecommunication identification information or access
2.8 	device.
2.9 	(d) (e) "Indirect victim" means any person or entity
2.10 	described in section 611A.01, paragraph (b), other than a direct
2.11 	victim.
2.12 	(e) (f) "Loss" means value obtained, as defined in section
2.13 	609.52, subdivision 1, clause (3), and expenses incurred by a
2.14 	direct or indirect victim as a result of a violation of this
2.15 	section.
2.16 	(f) (g) "Unlawful activity" means:
2.17 	(1) any felony violation of the laws of this state or any
2.18 	felony violation of a similar law of another state or the United
2.19 	States; and
2.20 	(2) any nonfelony violation of the laws of this state
2.21 	involving theft, theft by swindle, forgery, fraud, or giving
2.22 	false information to a public official, or any nonfelony
2.23 	violation of a similar law of another state or the United States.

2.24 	Sec. 2. Minnesota Statutes 2004, section 609.527, is
2.25 	amended by adding a subdivision to read:
2.26 		Subd. 5a.Crime of electronic use of false pretense to
2.27 	obtain identity. (a) A person who, with intent to obtain the
2.28 	identity of another, uses a false pretense in an e-mail to
2.29 	another person or in a Web page, electronic communication,
2.30 	advertisement, or any other communication on the Internet, is
2.31 	guilty of a crime.
2.32 	(b) Whoever commits such offense may be sentenced to
2.33 	imprisonment for not more than five years or to payment of a
2.34 	fine of not more than $10,000, or both.
2.35 	(c) In a prosecution under this subdivision, it is not a
2.36 	defense that:
3.1 	(1) the person committing the offense did not obtain the
3.2 	identity of another;
3.3 	(2) the person committing the offense did not use the
3.4 	identity; or 
3.5 	(3) the offense did not result in financial loss or any
3.6 	other loss to any person.

3.7 	Sec. 3. Minnesota Statutes 2004, section 609.527,
3.8 	subdivision 6, is amended to read:
3.9 		Subd. 6.Venue.  Notwithstanding anything to the contrary
3.10 	in section 627.01, an offense committed under subdivision 2 or
3.11 	5a may be prosecuted in:
3.12 	(1) the county where the offense occurred; or 
3.13 	(2) the county of residence or place of business of the
3.14 	direct victim or indirect victim; or 
3.15 	(3) in the case of a violation of subdivision 5a, the
3.16 	county or place of residence of the person whose identity was
3.17 	obtained or sought.

3.18 	Sec. 4. EFFECTIVE DATE.
 3.19 	Sections 1 to 3 are effective August 1, 2005, and apply to
3.20 	crimes committed on or after that date.