2203

A person commits the offense of aggravated identity theft when the person commits the offense of identity theft as; set forth in section 2202, subsection (a) against:\n(1) A person who is 60 years of age or older;\n(2) A dependent adult, as defined in 34 V.I.C. § 452; or\n(3) A person who is less than 18 years of age.\n(b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.\n(c) A defense to aggravated identity theft:\n(1) as set forth in subsection (a)(l) of this section does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age; or\n(2) as set forth in subsection (a)(2) of this section does not exist merely because the accused reasonably believed that the victim was not a dependent adult; or\n(3) as set forth in subsection (a)(3) does not exist merely because the accused reasonably believed the victim to be a person over the age of 18.\n(d) Sentence. Aggravated identity theft of any amount is a felony punishable by a fine up to $10,000 and by a term of imprisonment of up to 15 years for the first conviction:\nA person who has been

\n(d) Sentence. Aggravated identity theft of any amount is a felony punishable by a fine up to $10,000 and by a term of imprisonment of up to 15 years for the first conviction:\nA person who has been previously convicted of aggravated identity theft, who is convicted of a second or subsequent offense of aggravated identity theft, shall be punished by a term of imprisonment of not less than 6 years but not more than 30 years.