Every year the Federal Trade Commission releases a list of top consumer complaints received by the agency. In 2012--for the 12th year in a row--identity theft complaints topped the list. The North Carolina Department of Justice reports that in this state, about 300,000 people are victimized annually by identity theft. In fact, five North Carolina cities rank in the top 50 U.S. metropolitan areas for identity theft complaints: Thomasville-Lexington (number 2), Dunn (number 4), New Bern (number 35), Rocky Mount (number 45) and Goldsboro (number 46). G.S. 14-113.20 provides that a person commits the offense of identity theft when he or she: (1) knowingly (2) (a) obtains, (b) possesses, or (c) uses (3) identifying information of another person, living or dead, (4) with the intent to fraudulently represent the person is the other person (5) for the purpose of (a) making financial or credit transactions in the other person’s name, (b) avoiding legal consequences, or (c) obtaining anything of value, benefit, or advantage. The covered identifying information includes social security and driver license numbers, bank account numbers and the like. Few cases have interpreted the statute. One recent case, State v. Sexton, helps us better understand what it means to possess or use such information. In Sexton, the defendant was detained by a store manager on suspicion of shoplifting and then interviewed by an officer who was called to the scene. The defendant, who didn’t have any identification on him, falsely told the officer that his name was Roy Lamar Ward [...]
Faculty Coordinators
