HF 243

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; prohibiting using a false pretense
in an e-mail to obtain the identity of another;
imposing penalties; amending Minnesota Statutes 2004,
section 609.527, subdivisions 1, 6, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.527,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given them in this
subdivision.

(b) "Direct victim" means any person or entity described in
section 611A.01, paragraph (b), whose identity has been
transferred, used, or possessed in violation of this section.

(c) new text begin "False pretense" means any false, fictitious,
misleading, or fraudulent information or pretense or pretext
depicting or including the name, logo, Web site address, e-mail
address, postal address, telephone number, or any other
identifying information of a for-profit or not-for-profit
business or organization or of a government agency, to which the
user has no legitimate claim of right.
new text end

new text begin (d) new text end "Identity" means any name, number, or data transmission
that may be used, alone or in conjunction with any other
information, to identify a specific individual new text begin or entity new text end ,
including any of the following:

(1) a name, Social Security number, date of birth, official
government-issued driver's license or identification number,
government passport number, or employer or taxpayer
identification number;

(2) unique electronic identification number, address,
account number, or routing code; or

(3) telecommunication identification information or access
device.

deleted text begin (d) deleted text end new text begin (e) new text end "Indirect victim" means any person or entity
described in section 611A.01, paragraph (b), other than a direct
victim.

deleted text begin (e) deleted text end new text begin (f) new text end "Loss" means value obtained, as defined in section
609.52, subdivision 1, clause (3), and expenses incurred by a
direct or indirect victim as a result of a violation of this
section.

deleted text begin (f) deleted text end new text begin (g) new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any
felony violation of a similar law of another state or the United
States; and

(2) any nonfelony violation of the laws of this state
involving theft, theft by swindle, forgery, fraud, or giving
false information to a public official, or any nonfelony
violation of a similar law of another state or the United States.

Sec. 2.

Minnesota Statutes 2004, section 609.527, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Crime of electronic use of false pretense to
obtain identity. new text end

new text begin (a) A person who, with intent to obtain the
identity of another, uses a false pretense in an e-mail to
another person or in a Web page, electronic communication,
advertisement, or any other communication on the Internet, is
guilty of a crime.
new text end

new text begin (b) Whoever commits such offense may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
new text end

new text begin (c) In a prosecution under this subdivision, it is not a
defense that:
new text end

new text begin (1) the person committing the offense did not obtain the
identity of another;
new text end

new text begin (2) the person committing the offense did not use the
identity; or
new text end

new text begin (3) the offense did not result in financial loss or any
other loss to any person.
new text end

Sec. 3.

Minnesota Statutes 2004, section 609.527,
subdivision 6, is amended to read:

Subd. 6.

Venue.

Notwithstanding anything to the contrary
in section 627.01, an offense committed under subdivision 2 new text begin or
5a new text end may be prosecuted in:

(1) the county where the offense occurred; deleted text begin or
deleted text end

(2) the county of residence or place of business of the
direct victim or indirect victim new text begin ; or
new text end

new text begin (3) in the case of a violation of subdivision 5a, the
county or place of residence of the person whose identity was
obtained or sought new text end .

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end