§ 6-3-901 — Unauthorized use of personal identifying information; penalties; restitution

(a) Every person who willfully obtains personal
identifying information of another person, and uses that
information for any unlawful purpose, including to obtain, or
attempt to obtain, credit, goods, services or medical
information in the name of the other person without the consent
of that person is guilty of theft of identity.
(b) As used in this section "personal identifying
information" means the name or any of the following data
elements of an individual person:
(i) Address;
(ii) Telephone number;
(iii) Social security number;
(iv) Driver's license number;
(v) Account number, credit card number or debit card
number in combination with any security code, access code or
password that would allow access to a financial account of the
person;
(vi) Tribal identification card;
(vii) Federal or state government issued
identification card;
(viii) Shared secrets or security tokens that are
known to be used for data based authentication;
(ix) A username or email address, in combination with
a password or security question and answer that would permit
access to an online account;
(x) A birth or marriage certificate;
(xi) Medical information, meaning a person’s medical
history, mental or physical condition, or medical treatment or
diagnosis by a health care professional;
(xii) Health insurance information, meaning a
person’s health insurance policy number or subscriber
identification number, any unique identifier used by a health
insurer to identify the person or information related to a
person’s application and claims history;
(xiii) Unique biometric data, meaning data generated
from measurements or analysis of human body characteristics for
authentication purposes;
(xiv) An individual taxpayer identification number.
(c) Theft of identity is:
(i) A misdemeanor punishable by imprisonment for not
more than six (6) months, a fine of not more than seven hundred
fifty dollars ($750.00), or both, if no economic benefit was
gained or was attempted to be gained, or if an economic benefit
of less than one thousand dollars ($1,000.00) was gained or was
attempted to be gained by the defendant; or
(ii) A felony punishable by imprisonment for not more
than ten (10) years, a fine of not more than ten thousand
dollars ($10,000.00), or both, if an economic benefit of one
thousand dollars ($1,000.00) or more was gained or was attempted
to be gained by the defendant.
(d) If a restitution plan is ordered pursuant to W.S.
7-9-101 through 7-9-115, the court may include, as part of its
determination of amount owed pursuant to W.S. 7-9-103, payment
for any costs incurred by the victim, including attorney fees,
any costs incurred in clearing the credit history or credit
rating of the victim or in connection with any civil or
administrative proceeding to satisfy any debt, lien or other
obligation of the victim arising as a result of the actions of
the defendant.
(e) In any case in which a person willfully obtains
personal identifying information of another person, and without
the authorization of that person uses that information to commit
a crime in addition to a violation of subsection (a) of this
section, and is convicted of that crime, the court records shall
reflect that the person whose identity was falsely used to
commit the crime did not commit the crime.