Section 13A-8-192

Identity theft.

(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:

(1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.

(2) Obtains goods or services through the use of identifying information of the victim.

(3) Obtains identification documents in the victim's name.

(b) Identity theft in which there is a financial loss of greater than five hundred dollars ($500) or the defendant has previously been convicted of identity theft constitutes identity theft in the first degree. Identity theft in the first degree is a Class C felony.

(c) Identity theft in which the defendant has not previously been convicted of identity theft and there is no financial loss or the financial loss is five hundred dollars ($500) or less constitutes identity theft in the second degree. Identity theft in the second degree is a Class A misdemeanor.

(d) This section shall not apply when a person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

(Act 2001-312, p. 399, §3; Act 2003-355, §1.)