10.7 Identity Crimes, Reports, and Victim Recovery

Identity Information as Evidence

BPOC Chapter 12 defines identity theft as theft of personal information to commit fraud, commonly involving a name plus other personal information such as a Social Security number. It defines identity crime as theft or misuse of personal or financial identifiers to gain something of value or facilitate other criminal activity. Identity crimes can support mail theft, financial fraud, narcotics, weapons trafficking, computer crime, and other offenses.

Texas Penal Code 32.51 is the main state statute in the BPOC identity-crime chapter. It covers obtaining, possessing, transferring, or using identifying information of another person without consent, information about a deceased natural person without legal authorization, or identifying information of a child younger than 18, when done with intent to harm or defraud. The offense level rises with the number of items.

Scenario guidance: an arrestee has two Texas ID cards that belong to other people. The officer should investigate, not automatically assume identity theft. BPOC notes the cards might belong to someone previously with the arrestee unless other evidence shows theft or fraudulent use. If the arrestee has numerous IDs, Social Security cards, card numbers, skimming devices, or account records, facts may support a stronger identity-crime theory.

Report quality is vital. BPOC Chapter 12 says credit bureaus and financial institutions often require a police report or fraud affidavit for victims to begin repairing credit. Officers should confirm whether the incident is identity theft, credit card or debit card abuse, or another offense. A new account opened with the victim's information points toward identity theft. Use of an existing credit card may be credit card or debit card abuse depending on facts.

The identity crime report should include date of occurrence, account numbers, exact personal identifying information used, institutions involved, documentation gathered, and victim residence or offense location. Victims may provide credit reports, bank statements, creditor letters, merchant account records, and fraud affidavits. If they bring large documentation sets, agency policy may control whether scans are attached or held for investigators.

Victim recovery is also tested. BPOC directs officers to explain that no step absolutely stops future misuse, but victims can use security alerts, security freezes, credit bureaus, financial institutions, utility companies, FTC resources, and agency reports. Texas Business and Commerce Code Chapter 20 contains security alert and freeze procedures.

Exam trap: a name alone is often not enough. BPOC gives a scenario where a victim's name was used with a different date of birth and Social Security number, warning that a same-name mistake may not be true identity theft without specific identifiers. Always identify the actual information misused.