SB 940 - This act creates a list of various forms of identification such as Social Security numbers, drivers license numbers, and other information, that are to be considered the subject of identity theft. Under this act, it is a Class A misdemeanor if a person commits identity theft involving no more than $500. Subsequent offenses involving less than $500 are class D felonies. It is a Class D felony if the value of the identity theft exceeds $500, but involves no more than $1,000. It is a Class C felony if the value of the identity theft exceeds $1,000, but involves no more than $10,000. It is a Class B felony if the value of the identity theft exceeds $10,000, but involves no more than $100,000. It is a Class A felony if the value of the identity theft exceeds $100,000. This act allows any person who commits identity theft to be liable to the victim for up to $5,000, in addition to criminal penalties. The victim may also bring a civil action to enjoin future acts of identity theft by the individual. This act allows a deceased person's estate to recover damages for identity theft to which the decedent was a victim. This act is not applicable in certain situations when a person obtains the identity of another. Such situations include, obtaining an identity to buy alcoholic beverages, receiving credit information in a commercial transaction, lawfully exercising a security interest by a creditor, and complying with a court order or other decree. This act defines the offense of trafficking stolen identities as manufacturing, selling, transferring, purchasing, or possessing identification documents for the purposes of identity theft. Under this act, trafficking of stolen identification documents is a Class B felony. Possession of five or more identification documents of one person, or identification documents of more than five people, is evidence that the person intends to commit identity theft. Possession of one's own identification, his or her spouse's identification, or that of a consenting person is not an offense. This act is similar to SCS/HB 916 (2004). SUSAN HENDERSON