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Mississippi

Mississippi State Victim Resources:

Attorney General
Phone: (601) 359-3680
www.ago.state.ms.us/

Mississippi Department of Public Safety
www.dps.state.ms.us/

Agencies that offer assistance to IDT victims:

Choctaw Legal Defense                                                                              
Program Phone: (601) 650-7487   
Legal Assistance: (601) 650-7487   
http://www.choctaw.org

Mississippi Center for Legal Services                                                              
Program Phone: (601) 545-2950   
Legal Assistance: (601) 545-2950   
http://www.mslegalservices.org/

North Mississippi Rural Legal Services, Inc.                                                       
Program Phone: (662) 234-8731   
Legal Assistance: (800) 898-8731   
http://www.nmrls.com/

Security Freeze Law:

A victim of identity theft may place a security freeze on his or her credit report by requesting one from the credit reporting agencies by certified mail. Victims must provide a police report, investigative report, or complaint filed with a law enforcement agency. A security freeze prohibits, with certain specific exceptions, the credit reporting agency from releasing the consumer s credit report or any information from it without the express authorization of the consumer.

The credit reporting agency may charge up to $10 to place a security freeze. The consumer reporting agency must place the freeze within five business days of receiving the request. Within ten business days after receiving the request, the consumer reporting agency must send a written confirmation of the freeze to the consumer, along with a unique password or personal identification number that can be used to temporarily lift the freeze. A request for a temporary lifting of the freeze must be completed within three business days, and no fees may be charged for this action.
Statute: §75-24-201 through 217: http://www.lexisnexis.com/hottopics/mscode/

How to Place a Security Freeze in Mississippi: http://consumersunion.org/research/state_security_freeze_laws/#MS

Mandatory Police Report Law for Identity Theft Victims:

No State law at this time.

Identity Theft Passport Law:

Identity Theft Passport:

Victims of identity theft may apply for an identity theft passport, which can be presented to law enforcement to help prevent arrest or detention for an offense committed by another person. Any person who has petitioned the court to expunge any charges, arrest record, or conviction falsely entered against the person as a result of the appropriation of his name or other identifying information may submit the court order to the Attorney General, who can issue an identity theft passport verifying that such order has been entered. A passport may also be issued to any person who has filed a police report alleging that the person’s name or other identification has been used without the person’s consent or authorization by another person.
Statute: §97-45-29: http://www.lexisnexis.com/hottopics/mscode/

Identity Theft Laws:

A person shall not obtain or attempt to obtain personal identity information of another person with the intent to unlawfully use that information for any of the following purposes without that person’s authorization: to obtain financial credit; to purchase or otherwise obtain or lease any real or personal property; to obtain employment; to obtain access to medical records or information contained in medical records; or to commit any illegal act. Violations are a felony, punishable by two to fifteen years in prison and/or a fine up to $10,000. However, if the violation involves an amount of less than $250, it is a misdemeanor, punishable by up to six months in county jail and/or a fine up to $1000. To determine the amount of the violation, the value of all goods, property, services and other things of value obtained or attempted to be obtained by the use of an individual’s identity information shall be aggregated.
Statute: §97-45-19: http://www.lexisnexis.com/hottopics/mscode/

Personal identifying information means any of the following information of another person: a Social Security number; driver’s license or state identification card number; employment information; information regarding any financial account held by another person, including but not limited to a savings or checking account number, financial transaction device account number, a stock or other security certificate or account number, or any personal information number (PIN) for such an account.
Statute: §97-45-1: http://www.lexisnexis.com/hottopics/mscode/

It is a felony for any person to make or cause to be made any false statement or representation as to his or another person’s identity, Social Security account number, credit card number, debit card number or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or anything of value.

This includes:

  • Furnishing false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person;
  • Willfully, knowingly, and with intent to deceive, using a Social Security account number to establish and maintain business or other records;
  • With intent to deceive, falsely representing a number to be the Social Security account number assigned to him or another person, when in fact the number is not the Social Security account number assigned to him or such other person; or
  • Knowingly altering a Social Security card, buying or selling a Social Security card or counterfeit or altered Social Security card, counterfeiting a Social Security card, or possessing a Social Security card or counterfeit Social Security card with intent to sell or alter it.

Violations are punishable by up to five years in prison and/or a fine up to $5000. Second or subsequent violations are punishable by up to ten years in prison and/or a fine up to $10,000.
Statute: §97-19-85: http://www.lexisnexis.com/hottopics/mscode/

It is a misdemeanor to make or cause to be made any false statement or representation as to his or another person’s identity, Social Security number, or other identifying information to a law enforcement officer in the course of the officer’s duties with the intent to mislead the officer. Violations are punishable by up to one year in prison and/or a fine up to $5000.
Statute: §97-9-79: http://www.lexisnexis.com/hottopics/mscode/

Criminals who use a credit card, bank draft or other identifying information taken from victims by means of a violent crime or burglary can be sentenced to a prison term of five years, in addition to any other penalties related to the crime.
Statute: §99-19-401: http://www.lexisnexis.com/hottopics/mscode/

Jurisdiction:

The jurisdiction for crime of identity theft is any jurisdiction where any element of the offense occurred.
Statute: §97-45-21: http://www.lexisnexis.com/hottopics/mscode/

Other Related Laws:

Restitution:

In addition to any other fines or imprisonment, people convicted of fraudulent use of identity or identity theft are required to pay restitution to the victim.
Statute: §97-45-19: http://www.lexisnexis.com/hottopics/mscode/

In addition, they must be assessed double the reasonable costs that are expended by the Office of Attorney General, district attorney’s office, sheriff’s office or police department involved in the investigation of the case, including, but not limited to, the cost of investigators, software and equipment utilized in the investigation, together with costs associated with process service, court reporters and expert witnesses.
Statute: §97-45-25: http://www.lexisnexis.com/hottopics/mscode/

Criminal Identity Theft:

A person whose name or other identification has been used without his consent or authorization by another person, with the use resulting in charges, an arrest record, or a conviction on the record of the person whose name or other identification was appropriated, may file a petition for expunction of the charges or arrest record or conviction with any court that has jurisdiction over the matter.
Statute: §97-45-27: http://www.lexisnexis.com/hottopics/mscode/

Payment Cards:

It is a misdemeanor to take a credit card from the person, possession, custody or control of another without the cardholder’s consent, or to receive a credit card with intent to use, transfer, or sell it, knowing that the credit card was taken illegally. It is also a misdemeanor for a person other than the issuer to sell a credit card or to buy a credit card from a person other than the issuer.
Statute: §97-19-13: http://www.lexisnexis.com/hottopics/mscode/

It is unlawful for any person to knowingly obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious, counterfeit, revoked, or expired credit number or other credit device. Violations are a misdemeanor, punishable by a fine of $50 to $500 and/or imprisonment up to one year.
Statute: §97-19-31: http://www.lexisnexis.com/hottopics/mscode/

It is a misdemeanor to make or cause to be made either directly or indirectly any false statement in writing that it be relied upon with respect to his identity or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card.
Statute: §97-19-11: http://www.lexisnexis.com/hottopics/mscode/

Scanning Devices:

State law prohibits the use of a scanning device or re-encoder that is used to obtain or record encoded information from the magnetic strip of a payment card without permission of the cardholder to defraud the authorized cardholder, the issuer of the card, or a merchant. Scanning devices are defined as a scanner, reader, or other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a credit card. A re-encoder is an electronic device that places encoded information from the magnetic strip or stripe of a credit card onto the magnetic strip or stripe of a different card. Violations are a felony, punishable by up to five years in prison and/or a fine up to $10,000.
Statute: §97-45-31: http://www.lexisnexis.com/hottopics/mscode/

 

Information gathered from sources including Identity Theft Resource Center and Identity Crime in partnership with International Association of Chiefs of Police and Bank of America.