Attempting or conspiring to commit identity theft
Conspiracy - Identity theftIdentity theft - Conspiracy/attempt
It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
Identity theft - Penalties
(a) A violation of this article, other than a violation of Code Section 16-9-121.1 or 16-9-122, shall be punish- able by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both. (a.1) A violation of Code Section 16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000.00, or both, and such sentence shall run consecutively to any other sentence which the person has received. (b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000.00, or both. (c) Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud. (d) Each violation of this article shall constitute a separate offense. (e) Upon a conviction of a violation of this article, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the conviction.
Identity theft - Exemptions
(a) The prohibitions set forth in Code Sections 16-9-121, 16-9-121.1, and 16-9-122 shall not apply to nor shall any cause of action arise under Code Sections 16-9-129 and 16-9-131 for: (1) The lawful obtaining of credit information in the course of a bona fide consumer or commercial transac- tion; (2) The lawful, good faith exercise of a security interest or a right to offset by a creditor or a financial institu- tion; (3) The lawful, good faith compliance by any party when required by any warrant, levy, garnishment, attach- ment, court order, or other judicial or administrative order, decree, or directive; or (4) The good faith use of identifying information with the permission of the affected person. (b) The exemptions provided in subsection (a) of this Code section shall not apply to a person intending to further a scheme to violate Code Section 16-9-121, 16-9-121.1, or 16-9-122. (c) It shall not be necessary for the state to negate any exemption or exception in this article in any com- plaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article involving a business victim. In such cases, the burden of proof of any exemption or exception is upon the business victim claiming it.