New Jersey Law Makes Using Someone Else’s Personal Info a Second Degree Felony

Identity theft and fraud are serious crimes that can ruin lives. That’s why New Jersey has strong laws against using someone else’s personal identifying information without permission. Let’s take a look at New Jersey Section 2C:21-17.2, which makes it a second degree felony to use someone’s personal info to obtain ID documents or other government records.

The Law in Plain English

Section 2C:21-17.2 says that it’s a second degree crime if you use someone else’s personal identifying information to get a driver’s license, birth certificate, or other government document that could verify a person’s identity. You don’t need to successfully get the document – just attempting to obtain it illegally is enough.

The law applies if you “knowingly exhibit, display or utter” a fake document with someone else’s info on it. So showing a fake license at the DMV, even if they realize it’s forged, would violate the statute.

Serious Penalties Apply

As a second degree felony, illegally using someone’s personal info carries stiff penalties[4]:

• Fines up to $150,000
• 5 to 10 years in state prison
• License suspension up to 2 years

Unlike some other crimes, convictions under 2C:21-17.2 can’t be merged with other offenses. The court must impose separate sentences for identity fraud and any other crimes committed.

What Counts as Personal Identifying Information?

Section 2C:21-17.1 defines “personal identifying information” broadly[4]. It includes:

• Name, address, phone number, SSN
• Driver’s license or state ID card number
• Bank or credit card information
• Passwords and PINs
• Biometric data like fingerprints or retina scans
• “Any other information that could be used to access financial resources or obtain identification, government documents, or benefits of any individual.”

So using any private info related to someone’s identity, finances, or access to services is illegal.

Can I Be Charged Even if I Don’t Succeed?

Yes. Just attempting to obtain an ID or benefits using someone else’s information violates 2C:21-17.2, even if you fail.

For example, if you try to get a fake driver’s license with someone’s name and SSN but the DMV clerk realizes it’s forged, you’ve still committed a crime.

What Defenses Are Available?

If you’re charged under this statute, possible defenses include[5]:

• You didn’t knowingly use the information: The law requires you to knowingly display or use someone else’s personal identifying information. If you can show you reasonably believed you had permission to use the information, that could rebut the “knowing” element.
• The information doesn’t meet the definition: If the info you used isn’t considered “personal identifying information” under the law, you may not have violated Section 2C:21-17.2. This depends on the specific facts.
• You were falsely accused: Whether due to mistaken identity or malice, you may be accused of using someone’s information when you really didn’t. A solid alibi or evidence contradicting the accusation could defeat the charges.
• Violation of your rights: If police violated your rights by obtaining evidence illegally, that evidence may be suppressed. This could make it difficult or impossible to prove the charges against you.

Related New Jersey Laws

Using false information on a driver’s license application violates other statutes too:

• 2C:28-7 Tampering with Public Records: This includes knowingly using forged or false documents, like a fake license, with government agencies[5]. It can be a disorderly persons offense or third degree crime.
• 2C:21-2.1 False Government Documents: Making or possessing forged government IDs, including driver’s licenses, is usually a third degree crime[3].
• 39:3-37 False Applications: Providing false information or documents when applying for a license leads to fines, imprisonment up to 90 days, and loss of license for up to 2 years[3].