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Resources for Filing a Police Report for Identity Theft
Relevant Texas Laws The state law in Texas defining identity theft has changed, effective September 1, 2019. This change is intended to support victims of financial abuse when debts have been incurred in their name by an abuser and they have received no benefit for those debts.
Section 32.51(b)(1) of the Texas Penal Code states the updated definition of identity theft: [https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm#32.51
A person commits an offense if the person, with the intent to harm or defraud another,
obtains, possesses, transfers, or uses an item of: identifying information of another person
without the other person’s consent or effective consent.
“Effective consent” is defined in Section 1.07(a)(19)(A) of the Texas Penal Code:
[https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm]
“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if induced by force, threat, or fraud.
Relevant Laws
Article 2A.201 of the Texas Code of Criminal Procedure states that a police report must be made when someone alleges that identity theft has occurred. It also states that the victim will get a copy of the report if the victim asks for it: [https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2.htm]
REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF
IDENTIFYING INFORMATION.
IDENTIFYING INFORMATION.
(a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported
shall make a written report to the law enforcement agency that employs the peace officer that
includes the following information:
(1) the name of the victim;
(2) the name of the suspect, if known;
(3) the type of identifying information obtained, possessed, transferred, or used in violation of
Section 32.51, Penal Code; and
(4) the results of any investigation.
(b) On the victim’s request, the law enforcement agency shall provide the report created
under Subsection (a) to the victim. In providing the report, the law enforcement agency shall
redact any otherwise confidential information that is included in the report, other than the
information described by Subsection (a).