March 19, 2014, 11:05
nlostraccoFraudulent Use/Possession of Identifying Info
If a defendant had the credit card numbers only (no names, etc) of 15 different individuals...is it a second degree felony with the "number of items" being "10 or more but less than 50"? Or does the statute require that the "number of items" all be from the same individual? Hope that made sense!!!
March 19, 2014, 12:51
Larry LI do not believe that all of the items have to be from the same individual - so you should be good. Logically, it would be highly unlikely that an individual would have more than 50 items that would be possessed. And you have an argument that the harm is significantly greater when the items are from different individuals.
March 19, 2014, 20:49
DerekEI'd allege them as individual items. Don't forget your presumption for having more than 3 victims.
Our 7th COA recently defined "item" in a fraudulent possession case to be more or less each distinct, individual piece of data. One document can contain numerous "items" of "identifying information," such as name, DOB, SS, etc. Hope this helps.
Cortez v. State, No. 07-12-00165-CR, COURT OF APPEALS OF TEXAS, SEVENTH DISTRICT, AMARILLO, 2014 Tex. App. LEXIS 2334, February 27, 2014, Decided, PUBLISH.
March 22, 2014, 10:00
DerekEOpinion is not even a month old. Ask and ye shall receive.