Josh Stockinger reports:
A Kane County judge dismissed identity theft charges against an Aurora woman this week after her attorney argued the state statute under which she was charged is unconstitutional.
Claudia G. Madrigal, 33, had been accused of using her position at a Batavia insurance company to access another woman’s personal information in January 2009.
Her attorney, however, contended Madrigal was just doing her job, analyzing risk after a woman who “turned out to be somebody she didn’t get along with” inquired about insurance. He said the statute used to charge her was unconstitutionally broad, violated due process and “criminalized innocent conduct.”
The disputed statute outlaws the use of “personal identification information or personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person.”
Read more in the Daily Herald.