FINAL BILL REPORT
HB 1966



C 271 L 06
Synopsis as Enacted

Brief Description: Classifying identity theft as a crime against persons.

Sponsors: By Representatives Ericks, O'Brien, Lovick, Strow, Haler, Takko, Morrell, Nixon, Campbell, McIntire, Conway, Santos, Chase and Moeller.

House Committee on Criminal Justice & Corrections
House Committee on Appropriations
Senate Committee on Judiciary

Background:

Classification of Crimes
In general, crimes are classified by statute as felonies, misdemeanors, and gross misdemeanors. Felonies are further classified by statute as class A, class B, or class C felonies, and these designations determine maximum sentences of imprisonment and monetary penalties. If an act is prohibited by statute but no penalty for the violation is specifically imposed, the crime is deemed a misdemeanor.

Crimes may be further designated by statute as crimes against persons or crimes against property. If a crime is designated as a crime against persons, additional restrictions may be imposed on the convicted person at sentencing. Such restrictions include that the convicted person may not have his or her record of conviction cleared, may be subject to community placement or community custody, and may not qualify to earn up to 50 percent of earned release time.

Prosecutional Guidelines
The Sentencing Reform Act (SRA) includes guidelines for prosecutors to use when determining whether or not to prosecute a crime. The guidelines distinguish between two categories of crimes: crimes against persons and crimes against property/other crimes. Specific crimes are listed under each category of crimes. For example, the guidelines include the following crimes in the crimes against persons category: murder, assault, rape, first and second degree robbery, first degree arson, first and second degree extortion, and stalking. The crimes against property/other crimes category includes such crimes as: first and second degree theft, first and second degree possession of stolen property, first and second degree malicious mischief, and escape from community custody.

Under these guidelines, a prosecuting attorney may decline to prosecute any crime, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. Additional guidelines are provided regarding the decision to file and prosecute a crime. For example:

The courts have ruled that the SRA's prosecuting guidelines are merely guidelines for making filing and prosecuting decisions, and the guidelines do not establish whether a specific crime is, in fact, a crime against persons or a crime against property. If a crime is not designated by statute as either a crime against persons or a property crime, the courts will conduct this independent analysis on a case-by-case basis.

Identity Theft
Identity theft in the first or second degree is not designated by statute as either a crime against persons or a property crime.

Identity theft in the first degree is a class B felony, seriousness level of IV. Identity theft in the first degree is committed when a person knowingly:

Identity theft in the second degree is a class C felony, seriousness level of II. Identity theft in the second degree is committed when a person knowingly:

Identity theft is not committed when a person obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.

Summary:

The crimes of identity theft in the first and second degree are categorized as "crimes against persons" within the prosecuting standards and guidelines section of the SRA.

Votes on Final Passage:

House   94   0

House   96   0
Senate   49   0

Effective: June 7, 2006