1-1-128. Civil liability for theft of identity.
(a) A person who is the victim of theft of identity as defined by W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violation of W.S. 6-3-901 and may in the same action seek damages from the person violating W.S. 6-3-901. In order to maintain an action for injunctive relief under this section, it is not necessary for the plaintiff to show actual damages or the threat of actual damages. A prevailing party in an action under this section may recover court costs and reasonable attorney fees.
(b) A conviction or plea of guilty is not a prerequisite to the bringing of a civil action under this section.
(c) A cause of action for theft of identity is not deemed to have accrued until the wrongdoer is discovered.
(d) Nothing in this section shall prevent the criminal prosecution of a person for theft of identity. However, any payment made by the defendant to a victim pursuant to an order for restitution entered in a criminal case pursuant to W.S. 6-3-901 and 7-9-101 through 7-9-115, shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.
Structure Wyoming Statutes
Title 1 - Code of Civil Procedure
Chapter 1 - General Provisions as to Civil Actions
Section 1-1-101 - Provisions to Be Liberally Construed.
Section 1-1-102 - Minors as Parties to Actions.
Section 1-1-103 - Power of Deputies.
Section 1-1-104 - Sureties; Justification.
Section 1-1-105 - Sureties; Qualifications.
Section 1-1-106 - Compensation of Cross Demands.
Section 1-1-107 - Furnishing of Transcripts.
Section 1-1-108 - Voluntary Partial Payment of Liability Claims.
Section 1-1-109 - Comparative Fault.
Section 1-1-114 - Pleading of Damages.
Section 1-1-115 - Civil Liability for Unpaid Checks.
Section 1-1-116 - Civil Liability for Theft of Services.
Section 1-1-117 - Affidavits of Noninvolvement.
Section 1-1-118 - Amateur Rodeos; Liability for Injuries; Consent to Participate.
Section 1-1-119 - Release or Covenant Not to Sue.
Section 1-1-120 - Persons Rendering Emergency Assistance Exempt From Civil Liability.
Section 1-1-121 - Recreation Safety Act; Short Title.
Section 1-1-122 - Definitions.
Section 1-1-123 - Assumption of Risk.
Section 1-1-123.1 - Ski Safety Act; Short Title.
Section 1-1-123.2 - Definitions.
Section 1-1-123.4 - Assumption of Risks; Limitations on Actions.
Section 1-1-123.5 - Negligence; Civil Actions.
Section 1-1-124 - Pretrial Screening.
Section 1-1-125 - Immunity for Volunteers; Volunteer Firefighters; Search and Rescue.
Section 1-1-126 - Civil Liability for Stalking.
Section 1-1-127 - Civil Liability for Shoplifting.
Section 1-1-128 - Civil Liability for Theft of Identity.
Section 1-1-130 - Actions Against Health Care Providers; Admissibility of Evidence.
Section 1-1-131 - Short Title.
Section 1-1-132 - Definitions.
Section 1-1-133 - Applicability.
Section 1-1-134 - Limitations on Successor Asbestos-Related Liabilities.
Section 1-1-135 - Establishing Fair Market Value of Total Assets.
Section 1-1-137 - Scope of Act.
Section 1-1-139 - Civil Liability for Female Genital Mutilation.
Section 1-1-141 - Covid-19 Exposure and Illness; Assumption of the Risk.