[Editor's note: Regular readers will notice two changes to the blog today. One, for the first time, my posts have a byline. Two, a photograph of the author now appears next to each post. Both changes are intended to make it more obvious who wrote what, so that questions and comments can be accurately directed, and blame and credit can be appropriately attributed.] Under G.S. 14-113.20, our identity theft statute, it is a felony to use “identifying information of another person” in order to make fraudulent financial transactions or to “avoid[] legal consequences.” So, for example, it would be illegal for you to use my credit card number to order some new shoes from Zappos, because credit card numbers are “identifying information.” G.S. 14-113.20(b)(5). A question that I’ve had several times is whether a person’s name is “identifying information.” The issue seems to arise most often when a person is stopped by police, is asked to identify himself, and gives another person’s name, perhaps because giving his real name would allow the police to discover that the person is the subject of an outstanding arrest warrant. It certainly seems that the person is attempting to avoid legal consequences, but is he using “identifying information of another person” in order to do so? In other words, may he properly be charged with identity theft? I tend to think so, although the answer isn’t completely clear. To some, it may seem obvious that a person’s name is quintessential “identifying information.” After all what [...]
Faculty Coordinators
