Maine Revised Statutes Title 17-A Sec. 905-A – Misuse of identification
Current as of: 2023 | Check for updates
|
Other versions
1. A person is guilty of misuse of identification if, in order to obtain confidential information, property or services, the person intentionally or knowingly:
A. Presents or uses a credit or debit card that is stolen, forged, canceled or obtained as a result of fraud or deception; [PL 1999, c. 190, §3 (NEW).]
B. Presents or uses an account, credit or billing number that that person is not authorized to use or that was obtained as a result of fraud or deception; or [PL 1999, c. 190, §3 (NEW).]
C. Presents or uses a form of legal identification that that person is not authorized to use. [PL 1999, c. 190, §3 (NEW).]
[PL 1999, c. 190, §3 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 905-A
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
2. It is an affirmative defense to prosecution under this section that the person believed in good faith that the person was authorized to present or use the card, number or legal identification.
[PL 1999, c. 190, §3 (NEW).]
3. Proof of actual or constructive notice of cancellation gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person who presented the canceled credit or debit card knew it had been canceled.
[PL 2001, c. 383, §107 (AMD); PL 2001, c. 383, §156 (AFF).]
4. As used in this section, “legal identification” includes a social security card, social security number, birth certificate, driver’s license, government-issued identification card, oral statement of full name and date of birth or any other means of identifying a person that is generally accepted as accurate and reliable.
[PL 1999, c. 190, §3 (NEW).]
5. Misuse of identification is a Class D crime.
[PL 1999, c. 190, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 190, §3 (NEW). PL 2001, c. 383, §107 (AMD). PL 2001, c. 383, §156 (AFF).