NH Law About ...: Identity Theft (RSA 359-I): Read The Law About ...

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New Hampshire Statutes

RSA 359-I. Identity Theft
This is the general identity theft statute for New Hampshire.
RSA 179. Enforcement Requirements and Penalties
See RSA 179:62, Manufacture, Sale, and Possession of False Identification.
Revised Statutes Online. RSA 189. School Boards, Superintendents, Teachers and Truant Officers; School Census
See RSA 189:65-68-a, Student and Teacher Information Protection and Privacy.
RSA 263. Motor Vehicles
See RSA 263:40-a, Social Security Numbers; Addresses; Application Form Options.
RSA 275-A. Citizens Job Protection
See RSA 275-A:4-b, Misuse of Social Security Numbers
RSA 359-B. Consumer Credit Reporting
See RSA 359-B:22-29 for information about Security Freezes.
RSA 359-C. Right to Privacy
The entire chapter is helpful but see specifically RSA 359-C:20 Notification of Security Breach Required
Revised Statutes Online. RSA 359-H. Computer Spyware
RSA 478. Registers of Deeds
See RSA 478:4-b Records; Social Security Numbers and Financial Information and 478:4-c Violation; Enforcement.
RSA 638. Fraud
RSA 638 covers many fraudulent practices including Identity Fraud (RSA 638:25-27) which is a class A felony and requires restitution for economic losses.

New Hampshire Cases

State v. Washington, 168 N.H. 689 (2016)
"RSA 638:26, I(a) provides: "A person is guilty of identity fraud when the person ... [p]oses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value." "'Pose' means to falsely represent oneself, directly or indirectly, as another person or persons." RSA 638:25, II (2007). As we previously stated, RSA 625:11, II provides:" 'Person', 'he', and 'actor' include any natural person and, a corporation or an unincorporated association.""
In re Search Warrant for 1832 Candia Road, Manchester, 171 N.H. 53 (2018)
"RSA 638:25 (2016) defines "personal identifying information" to mean: any name, number, or information that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver's license number, social security number, employer or place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, credit card number, debit card number, personal identification number, account number, or computer password identification."

Federal Statutes

Schemes to commit identity theft or fraud may also involve violations of several statutes such as identification fraud (18 U.S.C. §1028), aggravated identity theft (18 U.S.C. §1028A), credit card fraud (18 U.S.C. §1029), computer fraud (18 U.S.C. §1030), mail fraud (18 U.S.C. §1341), wire fraud (18 U.S.C. §1343), or financial institution fraud (18 U.S.C. §1344). Each of these federal offenses are felonies that carry substantial penalties – in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.

Federal Cases

US v. De La Cruz, 835 F. 3d 1 (2016)
"Under the statute of conviction, 18 U.S.C. §1028A(a)(1), a person is guilty of aggravated identity theft if, "during and in relation to any felony violation enumerated in subsection (c)," that person "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.""
US v. Ozuna-Cabrera, 663 F. 3d 496 (2011)
"The identity fraud statute, §1028(a)(7), covers the commission, or aiding and abetting in the commission, of "any unlawful activity that constitutes a violation of Federal law, or ... a felony under any applicable State or local law." By contrast, the aggravated identity theft statute, §1028A(a)(1), covers "any felony violation enumerated in subsection (c)"—a discrete list of federal felonies. The statutes are therefore distinguishable not by the method of procuring the means of identification, but by the underlying criminal conduct that they respectively target. Section 1028A(a)(1) is a logical extension of §1028(a)(7), and punishes more severely those identity crimes committed during and in relation to a specifically enumerated subset of problematic felonies."

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