Guam § 46 - Impersonation; Identity Theft; Defined and Punished.

§ 46. Impersonation; Identity Theft; Defined and Punished.

(a) A person commits an offense when that person:

(1) impersonates another or assumes a false identity and does an act in such assumed character or

false identity to obtain a benefit for oneself or another, or to injure or defraud another;

(2) pretends to be a representative of some person or organization and does an act in such

pretended capacity with intent to obtain a benefit for oneself or for another, or to injure or defraud

another;

(3) impersonates another, assumes a false identity or makes a false or misleading statement

regarding the identity of any person, in an oral or written application for services, for the purpose of

obtaining services;

(4) possesses or obtains any personal identifying information pertaining to another person,

without the authorization of that person, and uses or attempts to use that information, or assists another

person in using the information, for any unlawful purpose, including to:

(A) fraudulently obtain, or attempt to obtain, money, credit, goods, services, anything of

value, or medical information in the name of another person;

(B) injure or defraud, or attempt to injure or defraud, another person;

(C) avoid, or attempt to avoid, the payment of debt or other legal obligation; or

(D) avoid, or attempt to avoid, prosecution for a crime in the name of the other person

without the consent of that person.

(b) As used in this Section, personal identifying information means the name, address, telephone

number, driver’s license or driver’s license number, social security card or social security number, passport

or passport number, official government of Guam or other state identification card or number, mother’s

maiden name, demand deposit account number, savings account number, credit card or credit card number,

or a debit card or debit card number, or any name or number that may be used, alone or in conjunction with

any other information, to assume the identity of a person. The list in this Subsection is not exhaustive.

CH. 46 FORGERY, FRAUDULENT PRACTICES AND TELEPHONE RECORDS

(c) An offense under this Section is a felony of the second degree if the benefit obtained, or the injury

or fraud perpetrated on another, or the payment sought to be avoided, if any, is at least Five Thousand

Dollars ($5,000.00); otherwise, it is a felony of the third degree.

(d) A person found guilty of violating any provisions of this Section shall, in addition to any other

punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such

violation. Financial loss may include any costs incurred by such victim in correcting the credit history of

such victim, or any costs incurred in connection with any civil or administrative proceeding to satisfy any

debt or other obligation of such victim, including lost wages and attorney's fees.

(e) In any case in which a person obtains personal identifying information of another person without

the authorization of that person, and uses that information to commit a crime in addition to a violation of

Subsection (a), and is convicted of that crime, the court records shall reflect that the person whose identity

was falsely used to commit the crime did not commit the crime.