technology
by sen. bill kenney
Protecting the Priceless
Preventing Identity Theft
According to Missouri statutes, a person commits the crime of identity theft if he knowingly and with intent to deceive or defraud obtains, possesses, transfers, or uses one or more means of identification not lawfully issued for his use.
In simpler terms, identify theft takes place when another person illegally uses your name, Social Security number or some other protected form of identification to gain access to your money or personal property. For example, someone could open a bank account in your name and write bad checks on that account, or he could counterfeit checks or debit cards and drain your account.
In the worst case scenario, the victim’s life is shattered—credit history is ruined, Social Security benefits are jeopardized and personal reputation is endangered. It is impossible to put a price tag on the personal loss suffered by a victim of identity theft.
I first became aware of the devastating effects of identity theft when a Lee’s Summit family shared their story with me. In 1999, I successfully sponsored legislation that created the crime of identity theft. Sadly, prior to 1999 Missouri did not have any clear-cut laws on this crime.
Identity theft is now punishable by up to six months in jail for the first offense; up to one year in jail for the second offense; and one to five years imprisonment for the third or subsequent offense. Equally important, a victim’s credit history can now be cleared and the court can order the defendant to make restitution—that restitution may include payment for any costs, such as attorney fees, incurred by the victim.
These laws cannot, unfortunately, completely protect people from having their identities stolen. Identity thieves can pounce on personal information left or discarded in mailboxes, trash bins and on car seats. They scrounge for bank and credit card account numbers, ID numbers, and other pertinent information. They complete a change of address form to divert your mail to another location.
The Federal Trade Commission offers these tips to protect yourself from identity theft:
• Before revealing personal information, find out how it will be used or shared. Seek to use less confidential, identifying information.
• Pay attention to your credit card billing cycles. Notify your creditors if your bills do not arrive on time, a clue that a thief may have your account.
• Guard your mail. Promptly remove mail from your mailbox and deposit your mail in postal collection boxes.
• Tear or shred your charge receipts, copies of credit applications, insurance forms, bank checks and statements, and all unwanted credit card offers you get in the mail.
• Find out who or what businesses have access to your personal information, including at work, and verify the records are secure.
• Give your Social Security number only when absolutely necessary. Don’t put your Social Security number on your driver’s license, and don’t carry your card.
• Order a copy of your credit report from each of the three major credit reporting agencies each year to make sure it is accurate. It will cost you about $8.50. Call Equifax at 800.525.6285; Trans Union at 800.680.7289; and Experian at 800.301.7195.
More information on identity theft can be found on the United States Justice Department’s Web page at www.usdoj.gov:80/criminal/fraud/idtheft.html.
While none of us can prevent identity theft entirely, you can minimize your risk by managing your personal information wisely.
Sen. Bill Kenney is the majority floor leader of the Missouri Senate.
He may be reached by phone at 573.751.7050 or by e-mail through the Web
site www.senate.state.mo.us/.