NATIONALLY RECOGNIZED FEDERAL LAWYERS
What are the penalties for identity theft?
|Last Updated on: 28th September 2023, 08:28 pm
What are the Penalties for Identity Theft?
Identity theft is a serious crime that can wreck your finances and credit. This article covers the criminal penalties and sentences if convicted of identity theft under federal and state laws.
Federal Identity Theft Penalties
At the federal level, the primary laws used to prosecute identity theft are:
- 18 U.S.C. § 1028 – Identity theft and fraud
- 18 U.S.C. § 1028A – Aggravated identity theft
- 18 U.S.C. § 1029 – Access device fraud
Penalties under these laws include:
- § 1028 – Up to 15 years in prison for identity theft. Up to 5 years if the theft was to further another crime.
- § 1028A – 2 year mandatory minimum prison sentence consecutive to any other terms.
- § 1029 – Up to 10 or 15 years in prison depending on amount of loss.
Other federal laws used to prosecute identity theft as part of fraud schemes carry additional penalties, such as mail/wire fraud and computer hacking offenses.
State Identity Theft Penalties
Most states also have laws criminalizing identity theft. While penalties vary, common sentences for state identity theft convictions include:
- Up to 5 years in prison
- Fines up to $25,000
- Restitution to victims
Factors that can increase state identity theft penalties include:
- Prior criminal record
- Stealing identities of elderly or children
- Amount of financial loss
- Number of victims
- Use of stolen identity to commit other crimes
Sentencing Guidelines
Federal sentencing guidelines and policies also impact the prison time for identity theft. Key factors include:
- Defendant’s criminal history category
- Loss amount
- Number of victims
- Sophistication of the scheme
- Obstruction of justice
These factors are used to calculate a recommended sentencing range under the guidelines. The judge has discretion to sentence within the range or depart from it.
Mandatory Minimum Sentences
Aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory minimum 2 year prison sentence. This must be served consecutively to any other sentences imposed. Mandatory minimums limit judicial discretion at sentencing.
Repeat Identity Theft Offenders
Harsher sentences await those convicted of identity theft again. Under “three strikes” laws, a third conviction can mean up to life imprisonment. Even without such laws, repeat offenders face sentencing enhancements as career criminals.
Restitution to Victims
In addition to imprisonment, courts can order defendants to pay restitution to reimburse victims for financial losses from the identity theft. This can include:
- Stolen money
- Legal fees
- Lost wages
- Cost of credit monitoring
Restitution amounts of $500,000 or more are common in large-scale identity theft schemes impacting thousands of victims.
Fines and Asset Forfeiture
Fines up to $250,000 can also be imposed for felony identity theft convictions. The government may seize assets purchased with proceeds of identity theft through forfeiture laws.
Probation and Supervised Release
First time identity theft offenders may receive probation instead of prison. But this comes with strict conditions. Violating probation can result in incarceration.
Upon release from prison, offenders face additional supervision under supervised release. Violations mean returning to prison to complete the full sentence.
Defenses to Identity Theft Charges
Defenses that may defeat identity theft charges include:
- Mistaken identity
- You had authorization to use the identity
- The “victim” doesn’t actually exist
- Lack of criminal intent
An experienced criminal defense lawyer can evaluate if any defenses apply in your case and develop negotiation strategies to potentially get charges reduced or dismissed.
Takeaways on Identity Theft Penalties
- Can lead to years in prison under federal and state laws
- Loss amount, victims, and criminal history impact sentencing
- Mandatory minimum 2 year sentence under federal law
- Restitution to victims often ordered
- Fines, asset forfeiture, probation also possible penalties
- Defenses may defeat charges or reduce penalties
The potentially severe penalties for identity theft underscore the importance of protecting your personal information and promptly reporting any suspected misuse.