Section 905-A - Misuse of identification1. A person is guilty of misuse of identification if, in order to obtain confidential information, property or services, the person intentionally or knowingly: A. Presents or uses a credit or debit card that is stolen, forged, canceled or obtained as a result of fraud or deception; [1999, c. 190, §3(NEW).]B. Presents or uses an account, credit or billing number that that person is not authorized to use or that was obtained as a result of fraud or deception; or [1999, c. 190, §3(NEW).]C. Presents or uses a form of legal identification that that person is not authorized to use. [1999, c. 190, §3(NEW).] [1999, c. 190, §3(NEW).]
2. It is an affirmative defense to prosecution under this section that the person believed in good faith that the person was authorized to present or use the card, number or legal identification. [1999, c. 190, §3(NEW).]
3. Proof of actual or constructive notice of cancellation gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person who presented the canceled credit or debit card knew it had been canceled. [2001, c. 383, §107(AMD); 2001, c. 383, §156(AFF).]
4. As used in this section, "legal identification" includes a social security card, social security number, birth certificate, driver's license, government-issued identification card, oral statement of full name and date of birth or any other means of identifying a person that is generally accepted as accurate and reliable. [1999, c. 190, §3(NEW).]
5. Misuse of identification is a Class D crime. [1999, c. 190, §3(NEW).]
1999, c. 190, § 3 (NEW) . 2001, c. 383, § 107 (AMD) . 2001, c. 383, § 156 (AFF) .