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                                                      PRINTER'S NO. 2081

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1628 Session of 2007


        INTRODUCED BY DALLY, BAKER, BENNINGHOFF, BOYD, CASORIO,
           CREIGHTON, DENLINGER, EVERETT, GEIST, GINGRICH, HARHAI,
           HARHART, HARKINS, HARRIS, HENNESSEY, HERSHEY, HESS, KILLION,
           KIRKLAND, KORTZ, MACKERETH, MAJOR, MANN, MILLARD, R. MILLER,
           MOUL, NAILOR, O'NEILL, PALLONE, PEIFER, PICKETT, PYLE, QUINN,
           REED, REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SWANGER,
           J. TAYLOR, THOMAS, TRUE, VEREB AND VULAKOVICH, JUNE 25, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for identity theft.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 4120(c) of Title 18 of the Pennsylvania
     6  Consolidated Statutes is amended to read:
     7  § 4120.  Identity theft.
     8     * * *
     9     (c)  Grading.--The offenses shall be graded as follows:
    10         (1)  Except as otherwise provided in [paragraph (2)]
    11     paragraphs (2) and (3), an offense under subsection (a) falls
    12     within the following classifications depending on the value
    13     of any property or services obtained by means of the
    14     identifying information:
    15             (i)  if the total value involved is less than $2,000,


     1         the offense is a misdemeanor of the first degree;
     2             (ii)  if the total value involved was $2,000 or more,
     3         the offense is a felony of the third degree;
     4             (iii)  regardless of the total value involved, if the
     5         offense is committed in furtherance of a criminal
     6         conspiracy as defined in section 903 (relating to
     7         criminal conspiracy), the offense is a felony of the
     8         third degree; or
     9             (iv)  regardless of the total value involved, if the
    10         offense is a third or subsequent offense under this
    11         section, the offense is a felony of the second degree.
    12         (2)  When a person commits an offense under subsection
    13     (a) and the victim of the offense is 60 years of age or older
    14     or a care-dependent person as defined in section 2713
    15     (relating to neglect of care-dependent person), the grading
    16     of the offense shall be one grade higher than specified in
    17     paragraph (1).
    18         (3)  When a person commits an offense under subsection
    19     (a) and the victim of the offense is under 18 years of age,
    20     the grading of the offense shall be one grade higher than
    21     specified in paragraph (1).
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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