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5-37-227. Financial identity fraud — Nonfinancial identity fraud — Restitution — Venue.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-227. Financial identity fraud — Nonfinancial identity fraud — Restitution — Venue.
(a) A person commits financial identity fraud if the person:
(1) For his or her benefit or the benefit of a third party, accesses, obtains, records, or submits to a financial institution another person's identifying information with a purpose to create, obtain, or open a credit account, debit account, or financial resource without the authorization of the other person;
(2) Uses a scanning device, re-encoder, or a skimmer for the purpose of appropriating a financial resource, financial sight order information, or payment card information of another person to his or her own use or to the use of a third party without the authorization of the other person; or
(3) Transfers to another person a financial resource, a financial sight order, or payment card information knowing that the other person is not entitled to obtain or possess the financial resource, financial sight order, or payment card information.
(b) A person commits nonfinancial identity fraud if he or she knowingly obtains another person's identifying information without the other person's authorization and uses the identifying information for any unlawful purpose, including without limitation:
(1) To avoid apprehension or criminal prosecution;
(2) To harass another person; or
(3) To obtain or to attempt to obtain a good, service, real property, or medical information of another person.
(c) As used in this section:
(1) “Check” means the same as defined in § 4-60-101;
(2) “Debit card” means the same as defined in § 4-88-702;
(3) “Disabled person” means the same as defined in § 4-88-201;
(4) “Elder person” means the same as defined in § 4-88-201;
(5) “Financial institution” includes without limitation
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-227
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-37-227
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 036d803c18e1fee7fbb136ae7f374a009415a110ba90e0ad434a1e1cd19fab21
Source location: content.xml paragraph 16517
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5-37-227. Financial identity fraud — Nonfinancial identity fraud — Restitution — Venue.
(a) A person commits financial identity fraud if the person:
(1) For his or her benefit or the benefit of a third party, accesses, obtains, records, or submits to a financial institution another person's identifying information with a purpose to create, obtain, or open a credit account, debit account, or financial resource without the authorization of the other person;
(2) Uses a scanning device, re-encoder, or a skimmer for the purpose of appropriating a financial resource, financial sight order information, or payment card information of another person to his or her own use or to the use of a third party without the authorization of the other person; or
(3) Transfers to another person a financial resource, a financial sight order, or payment card information knowing that the other person is not entitled to obtain or possess the financial resource, financial sight order, or payment card information.
(b) A person commits nonfinancial identity fraud if he or she knowingly obtains another person's identifying information without the other person's authorization and uses the identifying information for any unlawful purpose, including without limitation:
(1) To avoid apprehension or criminal prosecution;
(2) To harass another person; or
(3) To obtain or to attempt to obtain a good, service, real property, or medical information of another person.
(c) As used in this section:
(1) “Check” means the same as defined in § 4-60-101;
(2) “Debit card” means the same as defined in § 4-88-702;
(3) “Disabled person” means the same as defined in § 4-88-201;
(4) “Elder person” means the same as defined in § 4-88-201;
(5) “Financial institution” includes without limitation a credit card company, bank, or any other type of lending or credit company or institution;
(6) “Financial resource” includes without limitation a credit card, debit card, or any other type of line of credit or loan;
(7) “Financial sight order or payment card information” means financial information that is:
(A) Contained on either side of a check or similar sight order or payment card; or
(B) Encoded on the magnetic strip or stripe of a payment card;
(8) “Identifying information” includes without limitation a:
(A) Social Security number;
(B) Driver's license number;
(C) Checking account number;
(D) Savings account number;
(E) Credit card number;
(F) Debit card number;
(G) Personal identification number;
(H) Electronic identification number;
(I) Digital signature; or
(J) Any other number or information that can be used to access a person's financial resources;
(9) “Payment card” means a debit card or credit card;
(10) “Re-encoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of a different payment card, or any electronic medium that allows an authorized transaction to occur;
(11) “Scanning device” means a scanner, reader, or any 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 payment card; and
(12) “Skimmer” means an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner financial sight order or payment card information.
(d) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting the actor's age.
(e)(1) Except as provided in subdivision (e)(2) of this section, financial identity fraud is a Class C felony.
(2) Financial identity fraud is a Class B felony if the victim is an elder person or a disabled person.
(f)(1) Except as provided in subdivision (f)(2) of this section, nonfinancial identity fraud is a Class D felony.
(2) Nonfinancial identity fraud is a Class C felony if the victim is an elder person or a disabled person.
(g)(1) In addition to any penalty imposed under this section, a violation of this section constitutes an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.
(2) Any remedy, penalty, or authority granted to the Attorney General or another person under the Deceptive Trade Practices Act, § 4-88-101 et seq., is available to the Attorney General or that other person for the enforcement of this section.
(h)(1)(A) In addition to any penalty imposed under this section, upon conviction for financial identity fraud or nonfinancial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under § 5-4-205.
(B) In addition to any other authorized restitution, the restitution order described in subdivision (h)(1)(A) of this section may include without limitation restitution for the following financial losses:
(i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and
(ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees.
(C) The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or subsection (b) of this section.
(2) A judgment entered under this section and § 5-4-205 does not bar a remedy available in a civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud.
(i) Venue for any criminal prosecution under this section or any civil action to recover damages relating to financial identity fraud or nonfinancial identity fraud is proper in any of the following venues:
(1) In the county where the violation occurred;
(2) If the violation was committed in more than one (1) county, or if the elements of the offense were committed in more than one (1) county, then in any county where any violation occurred or where an element of the offense occurred;
(3) In the county where the victim resides; or
(4) In the county where property that was fraudulently used or attempted to be used was located at the time of the violation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-60-101. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Check” means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;
(2) “Drawee” means the bank or purported bank upon which a check is drawn;
(3) “Drawer” means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature is that of himself or herself or a person authorized to draw the check in his or her behalf; and
(4) “Issue” means make, draw, deliver, or pass a check.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-60-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-60-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-101. Applicability of chapter.
This chapter does not apply to:
(1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission;
(2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice;
(3) Actions or transactions specifically permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or
(4) Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-201. Definitions.
(a) “Elder person” means a person who is sixty (60) years of age or older.
(b) “Person with a disability” means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities.
(1) As used in this subsection, “physical or mental impairment” means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
(B) Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(2) The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness.
(c) “Substantially limits” means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries.
(d) “Major life activities” include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-702. Definitions.
As used in this subchapter:
(1) “Debit card” means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at the financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services;
(2) “Dormancy fee” or “inactivity charge or fee” means a fee, a charge, or a penalty for nonuse or inactivity of a gift certificate, a store gift card, or a prepaid general use card;
(3) “Financial institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, a state or federal credit union, or any other person that, directly or indirectly, holds a transaction account belonging to a consumer;
(4)(A) “General use prepaid card” means a card or other electronic payment device issued by a bank or financial institution that is:
(i) Usable at multiple, unaffiliated merchants or service providers or at automated teller machines;
(ii) Issued in a requested amount whether or not that amount may be, at the option of the issuer, increased in value or reloaded if requested by the holder;
(iii) Purchased or loaded on a prepaid basis; and
(iv) Honored, upon presentation, by merchants for goods or services or at automated teller machines.
(B) “General use prepaid card” does not include:
(i) A debit card that is linked to a demand deposit account or a share draft account; and
(ii) A written promise, plastic card, or other electronic device that is:
(a) Used solely for telephone services; or
(b) Associated with a demand deposit account, checking account, savings account, or similar account in the name of the individual at a bank or financial institution that provid
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-702. This identifies an authority to review, not proof of applicability.