2025 Georgia Codes – Page 110

information
(a) As used in this part, the term:
(1) “E-mail message” means a message sent to a unique destination, commonly expressed as a string of
characters, consisting of a unique user name or mailbox, commonly referred to as the “local part,” and a
reference to an Internet domain, commonly referred to as the “domain part,” whether or not displayed, to
which an electronic message can be sent or delivered.
(2) “Employer” includes a business entity’s officers, directors, parent corporation, subsidiaries, affiliates, and
other corporate entities under common ownership or control within a business enterprise.
(3) “Identifying information” means, with respect to an individual, any of the following:
(A) Social security number;
(B) Driver’s license number;
(C) Bank account number;
(D) Credit card or debit card number;
(E) Personal identification number or PIN;
(F) Automated or electronic signature;
(G) Unique biometric data;
(H) Account password; or
(I) Any other piece of information that can be used to access an individual’s financial accounts or to obtain
goods or services.
(4) “Internet” shall have the meaning set forth in paragraph (10) of Code Section 16-9-151.
(5) “Web page” means a location that has a single uniform resource locator or other single location with
respect to the Internet.
(b)(1) It shall be unlawful for any person with intent to defraud, by means of a web page, e-mail message, or
otherwise through use of the Internet, to solicit, request, or take any action to induce another person to pro-
vide identifying information by representing himself, herself, or itself to be a business without the authority
or approval of such business.
(2) It shall be unlawful for any person, with actual knowledge, conscious avoidance of actual knowledge, or
willfully, to possess with intent to use in a fraudulent manner, sell, or distribute any identifying information
obtained in violation of paragraph (1) of this subsection.
(c) Any person who intentionally violates subsection (b) of this Code section shall be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not less than
$1,000. 00 nor more than $500,000.00, or both.
(d)(1) No employer shall be held criminally liable under this Code section as a result of any actions taken:
(A) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased
employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be
connected to the employer’s network or other computer facilities when such equipment is used for an ille-
gal purpose without the employer’s knowledge, consent, or approval; or
(B) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an
employer’s computer equipment for an illegal purpose without the employer’s knowledge, consent, or
approval.
(2) No person shall be held criminally liable under this Code section when its protected computers, computer
equipment, or software product has been used by unauthorized users to violate this Code section without
such person’s knowledge, consent, or approval.
(e) This Code section shall not apply to a telecommunications provider’s or Internet service provider’s good
faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
(f) No provider of an interactive computer service may be held liable in a civil action under any law of this
state, or any of its political subdivisions, for removing or disabling access to content on an Internet website
or other online location controlled or operated by such provider, when such provider believes in good faith
that such content has been used to engage in a violation of this part.

As used in this article, the term:
(1) “Attorney General” means the Attorney General or his or her designee.
(2) “Business victim” means any individual or entity that provided money, credit, goods, services, or anything
of value to someone other than the intended recipient where the intended recipient has not given permission
for the actual recipient to receive it and the individual or entity that provided money, credit, goods, services,
or anything of value has suffered financial loss as a direct result of the commission or attempted commission
of a violation of this article.
(3) “Consumer victim” means any individual whose personal identifying information has been obtained,
compromised, used, or recorded in any manner without the permission of that individual.
(4) “Health care records” means records however maintained and in whatever form regarding an individual’s
health, including, but not limited to, doctors’ and nurses’ examinations and other notes, examination notes of
other medical professionals, hospital records, rehabilitation facility records, nursing home records, assisted
living facility records, results of medical tests, X-rays, CT scans, MRI scans, vision examinations, pharmacy
records, prescriptions, hospital charts, surgical records, mental health treatments and counseling, dental
records, and physical therapy notes and evaluations.
(5) “Identifying information” shall include, but not be limited to:
(A) Current or former names;
(B) Social security numbers;
(C) Driver’s license numbers;
(D) Checking account numbers;
(E) Savings account numbers;
(F) Credit and other financial transaction card numbers;
(G) Debit card numbers;
(H) Personal identification numbers;
(I) Electronic identification numbers;
(J) Digital or electronic signatures;
(K) Medical identification numbers;
(L) Birth dates;
(M) Mother’s maiden name;
(N) Selected personal identification numbers;
(O) Tax identification numbers;
(P) State identification card numbers issued by state departments;
(Q) Veteran and military medical identification numbers; and
(R) Any other numbers or information which can be used to access a person’s or entity’s resources or health
care records.
(6) “Resources” includes, but is not limited to:
(A) A person’s or entity’s credit, credit history, credit profile, and credit rating;
(B) United States currency, securities, real property, and personal property of any kind;
(C) Credit, charge, and debit accounts;
(D) Loans and lines of credit;
(E) Documents of title and other forms of commercial paper recognized under Title 11;
(F) Any account, including a safety deposit box, with a financial institution as defined by Code Section

(a) A person commits the offense of identity fraud when he or she willfully and fraudulently:
(1) Without authorization or consent, uses or possesses with intent to fraudulently use identifying informa-
tion concerning a person;
(2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial
authority;
(3) Uses or possesses with intent to fraudulently use identifying information concerning a deceased indi-
vidual;
(4) Creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying infor-
mation concerning a fictitious person with intent to use such counterfeit or fictitious identification informa-
tion for the purpose of committing or facilitating the commission of a crime or fraud on another person; or
(5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any coun-
terfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or
fictitious identification information for the purpose of committing or facilitating the commission of a crime
or fraud on another person.
(b) A person commits the offense of identity fraud by receipt of fraudulent identification information when
he or she willingly accepts for identification purposes identifying information which he or she knows to be
fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection it shall not be necessary
to show a conviction of the principal thief, counterfeiter, or fraudulent user.
(c) The offenses created by this Code section shall not merge with any other offense.
(d) This Code section shall not apply to a person under the age of 21 who uses a fraudulent, counterfeit, or
other false identification card for the purpose of obtaining entry into a business establishment or for purchas-
ing items which he or she is not of legal age to purchase.