North Carolina § 14-113 - 20. Identity theft.

§ 14-113. 20. Identity theft.

A person who knowingly obtains, possesses, or uses identifying information of another person, living or dead, with the intent to fraudulently represent that the person is the other person for the purposes of making financial or credit transactions in the other person's name, to obtain anything of value, benefit, or advantage, or for the purpose of avoiding legal consequences is guilty of a felony punishable as provided in G.S. 14-113.22(a). The term "identifying information" as used in this Article includes the following: Social security or employer taxpayer identification numbers. Drivers license, State identification card, or passport numbers. Checking account numbers. Savings account numbers. Credit card numbers. Debit card numbers. Personal Identification (PIN) Code as defined in G.S. 14-113.8(6). Electronic identification numbers, electronic mail names or addresses, Internet account numbers, or Internet identification names. Digital signatures. Any other numbers or information that can be used to access a person's financial resources. Biometric data. Fingerprints. Passwords. Parent's legal surname prior to marriage. It shall not be a violation under this Article for a person to do any of the following: Lawfully obtain credit information in the course of a bona fide consumer or commercial transaction. Lawfully exercise, in good faith, a security interest or a right of offset by a creditor or financial institution. Lawfully comply, in good faith, with any warrant, court order, levy, garnishment, attachment, or other judicial or administrative order, decree, or directive, when any party is required to do so. History (1999-449, s. 1; 2000-140, s. 37; 2002-175, s. 4; 2005-414, s. 6.) Cross References. - As to damages for identity fraud, see G.S. 1-539.2 C. Editor's Note. - Session Laws 2005-414, s. 7(1), effective December 1, 2005, substituted "Identity Theft" for "Financial Identity Fraud" in the Article heading. Effect of Amendments. - Session Laws 2005-414, s. 6, effective December 1, 2005, and applicable to offenses committed, and to causes of action arising, on or after that date, in the section heading, substituted "Identity theft" for "Financial identity fraud"; in subdivision (b)(1), inserted "or employer taxpayer identification"; in subdivision (b)(2), inserted "State identification card, or passport"; and in subdivision (b)(8), added "numbers, electronic mail names or addresses, Internet account numbers, or Internet identification names." Legal Periodicals. - For article, "Uncertain Standing: Normative Applications of Standing Doctrine Produce Unpredictable Jurisdictional Bars to Common Law Data Breach Claims," see 95 N.C.L. Rev. 201 (2016). For note, "The Data Breach Dilemma: Proactive Solutions for Protecting Consumers' Personal Information,” see 68 Duke L.J. 555 (2018).