An interesting tidbit of info- In AZ lately a child id theft case was turned down by the ADA because of the id theft definition. They contended that since a child (minors entering into contracts) is not in a position to give or refuse consent for another person to use their info that they could not prosecute.  The perp was the parent. In other words- the logic is a child cannot say I refuse to allow you to use my SSN to open a credit card but the parent can give themselves permission to give consent on behalf of the child. Interesting twist- talked with the administrative DA about prosecuting for forgery, fraud, etc but got nowhere. Yes- he is an idiot but AZ is a blackhole in terms of id theft anyway. It is a case we have been working on with the parent for months. She won custody of the child but the father is still the father and at the time had joint custody.

This is a loophole we need to address.

Linda Foley
Executive Director, ITRC
858-693-7935, itrc@idtheftcenter.org
PO Box 26833, San Diego 92196

ITRC is a nonprofit, grant and donation funded organization that specializes in identity theft. The information above is based on ITRC's research and experience with the crime of identity theft and is not intended as legal advice.