Changes to identity theft definition in Texas Penal Code

Sen. Judith Zaffirini (D-Laredo) has filed SB 269, which would expand the definition of identity theft to include effective consent. The identity theft statutes would then apply to coerced debt, which results from financial fraud in a domestic situation. 

The legal definition of "effective consent" is consent by a person legally authorized to act for the owner, but only if it is not induced by force, threat, or fraud. The change could make prosecution of debit or credit card fraud more difficult due to the vague definition of effective consent.

The bill received a hearing in the Senate Business and Commerce Committee and was left pending.

Contact Jeff Huffman at 469-385-6488 or [email protected] for more information.