Employment Security Identity Theft — Criminal Penalty

TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION CHAPTER 13 EMPLOYMENT SECURITY LAW 72-1371A. EMPLOYMENT SECURITY IDENTITY THEFT — CRIMINAL PENALTY. (1) No person shall knowingly transfer, possess, or use, without lawful authority, an identity that is not the person’s own with the intent to commit, aid, or abet any violation of this chapter. A violation of this subsection is a felony punishable as provided in section 18-112 , Idaho Code. (2)  As used in this section, "identity" means any name, number, or data transmission that may be used, alone or in conjunction with any other information, to identify a specific individual or entity, including without limitation: (a)  Name, social security number, date of birth, official government-issued driver’s license or identification number, government passport number, or employer or taxpayer identification number; (b)  Unique electronic identification number, personal identification number, address, account number, or routing code; or (c)  Telecommunication identification information or access device. (3)(a)  Any person or entity whose identity has been transferred, possessed, or used in violation of the provisions of subsection (1) of this section shall be entitled to restitution pursuant to section 19-5304 , Idaho Code. (b)  The court shall order a person convicted of violating the provisions of subsection (1) of this section to pay as additional restitution a penalty of no less than one thousand dollars ($1,000) to each person whose identity was misused pursuant to subsection (1) of this section.