New Jersey Section 2C:21-17.1 – Restitution to victim of unlawful use of personal identifying information

Identity theft can be a scary thing. You go about your daily life, not expecting that someone could steal your most personal information and use it for their own gain. But it happens more often than you’d think. That’s why New Jersey has a specific law to help victims of identity theft get restitution – Section 2C:21-17.1.

This law allows victims of identity theft to receive restitution for their losses and damages. It applies in cases where someone is convicted of unlawfully using another person’s personal identifying information under New Jersey’s identity theft law (Section 2C:21-17).

So what does this mean for victims? Well, it gives you a chance to try to be made whole again financially after having your identity stolen. The court can order the convicted identity thief to pay back what you lost due to their crime. This can include things like:

• Costs for credit monitoring services
• Legal fees for help with fixing your credit report
• Lost wages from missed work dealing with the identity theft
• Miscellaneous expenses like notary fees, postage, copying, etc.

Basically, if you can show that you suffered a financial loss directly related to the identity theft, the court can make the criminal pay it back to you.

This restitution can be ordered by the judge as part of the criminal sentencing. So if someone is found guilty of identity theft under 2C:21-17, the judge can order restitution to any victims under 2C:21-17.1. It helps make the victim whole again.

The restitution can also be ordered separately in a civil case against the identity thief. So even if criminal charges weren’t brought or didn’t result in a conviction, victims can pursue restitution through a civil lawsuit. This provides another avenue for victims to be compensated for their losses.

Obtaining restitution under 2C:21-17.1 has some advantages for victims. Unlike regular civil damages, criminal restitution judgments cannot be discharged in bankruptcy. This means victims are more likely to actually recover their losses.

Restitution also saves victims the time and expense of having to bring a separate civil lawsuit against the identity thief. It can be ordered as part of the criminal case, avoiding extra legal proceedings.

Of course, just because restitution is ordered doesn’t guarantee that victims will actually receive the money. The identity thief may lack sufficient funds to pay it. But it at least gives victims a judgment entitling them to compensation. They can pursue various options like wage garnishment to collect on the judgment over time.

The process for obtaining restitution under 2C:21-17.1 involves a few steps:

• File a police report about the identity theft. This creates an official record of the crime.
• Provide documentation of your losses from the identity theft. This includes things like account statements, bills, receipts, etc.
• If criminal charges are filed, request restitution from the prosecutor to be included in the charges.
• If the defendant is convicted, provide your documentation to the probation department so they can recommend restitution to the judge for sentencing.
• If not ordered at sentencing, consider filing a civil lawsuit against the defendant to obtain a judgment for restitution.
• Work with probation and the court to collect on any restitution judgment, through wage garnishment if necessary.

Restitution won’t undo the headaches caused by identity theft. But it provides a way for victims to seek compensation for their monetary losses under New Jersey law.

While identity thieves should be punished through fines and jail time, restitution has an important place in making victims whole again. It recognizes the financial havoc caused by these crimes.

Of course, even with restitution, victims still have to deal with the time-consuming process of repairing their credit and their good names. Having your personal information misused and your accounts compromised can be stressful and frustrating. So restitution, while helpful, is really just one small part of recovering from identity theft.

The best protection is still prevention. There are various steps people can take to minimize their risks of being victimized. Things like:

• Using strong passwords and two-factor authentication
• Checking your credit reports regularly
• Placing fraud alerts and credit freezes with the credit bureaus
• Not sharing personal information unless necessary
• Shredding documents with sensitive data
• Using caution on public WiFi networks

But if you do fall victim despite your best efforts, at least New Jersey provides the possibility of restitution. It won’t get your time back or undo the anxiety caused. But recovering some of your hard-earned money lost to an identity thief provides a bit of justice.

So if you or someone you know has their identity stolen, be sure to explore options for restitution under Section 2C:21-17.1. Work with law enforcement and prosecutors to secure a criminal conviction including restitution. Or pursue a civil judgment if needed. It’s a remedy that can help victims move on from these unfortunate crimes.

Identity theft exacts a heavy toll. Don’t hesitate to use all legal options, like restitution, to ease that burden on victims. While vigilance and prevention are ideal, New Jersey’s law acknowledges that breaches still occur. Section 2C:21-17.1 provides a way for those harmed to seek some financial recovery. It’s not perfect, but it’s an important tool for rebalancing the scales of justice.