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State Identity Theft Statutes

State Identity Theft Laws

Use the state identity theft laws chart below to determine how your state offers protection against ID Theft. Then get free ID theft help.

Alabama


13A-8-190 to 13A-8-201 2006 Act 148 The Consumer Identity Protection Act Identity theft is a Class C felony Trafficking in stolen identities is a Class B felony Obstructing justice using a false identity is a Class C felony.

Alaska


11.46.180 Theft by deception First degree is a Class B felony Second degree is a Class C felony Third degree is a Class A misdemeanor Fourth degree is a Class B misdemeanor

Arizona


13-2008 Taking identity of another person; classification Class 4 felony 13-2009 Aggravated taking identity of another person or entity;classification Class 3 felony 13-2010 Trafficking in the identity of another person or entity; classification Class 2 felony

Arkansas


5-37-227 5-37-228 Financial identity fraud Identity theft passport Class C felony

California


Penal Code 530.5 to 530.8 on conviction a person shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed $1,000, or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed $10,000, or both that imprisonment and fine. Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information of another person is guilty of a public offense, and on conviction therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or by both that imprisonment and fine.Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person who is deployed to a location outside of the state is guilty of a public offense, and on conviction therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,500, or by both that imprisonment and fine.

Colorado


18-5-901 et seq. 2006 Chap. 289 Identity theft Criminal possession of a financial device Class 4 felony Criminal possession of one financial device is a Class 1 misdemeanor. Criminal possession of two or more financial devices is a Class 6 felony. Criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a Class 5 felony Gathering identity information by deception Class 5 felony Possession of identity theft tools Class 5 felony

Connecticut


53a-129a et seq. Identity theft in the first degree Class B felony – the value of the money, credit, goods, services or property obtained exceeds $10,000 Identity theft in the second degree Class C felony – the value of the money, credit, goods, services or property obtained exceeds $5,000 Identity theft in the third degree Class D felony Trafficking in personal identifying information Class D felony

Delaware


11§828 11§854 11§854a 2006 Chap. 338 Possession of burglar’s tools or instruments facilitating theft; class F felony Identity theft Identity theft passport; application; issuance Class F felony Class D felony

District of Columbia


22-3227.01 to 3227.08 Identity theft in the first degreeIdentity theft in the second degreeEnhanced penalty Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) three times the value of the property obtained, or (3) three times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained or the amount of the financial injury is $250 or more. Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained or the amount of the financial injury, whichever is greater, is less than $250 Any person who commits the offense of identity theft against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.

Florida


817.568 Criminal use of personal identification information 817.568(2)(a) Third degree felony 817.568(2)(b) Second degree felony 817.568(2)(c) First degree felony 817.568(4) First degree misdemeanor 817.568(5) reclassification 817.568(6) Second degree felony 817.568(7) Second degree felony 817.568(8)(a) Third degree felony 817.568(8)(b) Second degree felony 817.568(8)(c) First degree felony 817.568(9) Third degree felony 817.568(10) reclassification

Georgia


16-9-121 to 16-9-128 Financial identity fraud Punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both for first offense Punishable by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both for subsequent offenses

Hawaii


708.839.6 708.839.7 708-839.8 2006 Act 139 Identity theft in the first degree Identity theft in the second degree Identity theft in the third degree Unauthorized possession of confidential personal information Class A felonyClass B felony Class C felony Class C felony

Idaho


18-312418-3125 18-3125A 18-3126 18-3126A 18-3127 18-3128 Fraudulent use of a financial transaction card or number Criminal possession of financial transaction card, financial transaction number and FTC forgery devices Unauthorized factoring of credit card sales drafts Misappropriation of personal identifying information Acquisition of personal identifying information by false authority Receiving or possessing fraudulently obtained goods or services Penalty for violation Any person found guilty of a violation of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, is guilty of a misdemeanor. In the event that the retail value of the goods obtained or attempted to be obtained through any violation of the provisions of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, exceeds $300, any such violation will constitute a felony, and will be punished as provided in this section. Any person found guilty of a violation of section 18-3126A, Idaho Code, is guilty of a felony. For purposes of this section, the punishment for a misdemeanor shall be a fine of to $1,000 or to one year in the county jail, or both such fine and imprisonment. For purposes of this section, the punishment for a felony shall be a fine of to $50,000 or imprisonment in the state prison not exceeding five years, or both such fine and imprisonment.

Illinois


720 ILCS 5/16G-1 to 720 ILCS 5/16G-252006 P.A. 94-08272006 P.A. 94-0969 Identity theft Methamphetamine Enhancement Aggravated identity theft Transmission of personal identifying information Facilitating identity theft Class 4 felony if under $300 in value for first offense Class 3 felony for subsequent offense Class 3 felony if between $300 and $2,000 Class 2 felony if between $2,000 and $10,000 Class 1 felony if between $10,000 and $100,000 Class X felony if exceeds $100,000 Class 2 felony for first offense and Class 1 felony for subsequent felonies Class 3 felony if under $300 in value Class 2 felony if between $300 and $10,000 Class 1 felony if between $10,000 and $100,000 Class X felony if exceeds $100,000 Class A misdemeanorClass A misdemeanor for first offense and Class 4 felony for subsequent offenses

Indiana


35-43-5-1 34-43-5-3.5 2006 P.L. 125 Definitions Identity Deception Class D felony The offense defined in subsection (a) is a Class C felony if (1) a person obtains, possesses, transfers, or uses the identifying information of more than 100 persons; or (2) the fair market value of the fraud or harm caused by the offense is at least $50,000

Iowa


614.4A 714.16B 715A-8 et seq. 715A.9A 2006 H.F. 2506 Identity theftIdentity theft passport Aggravated misdemeanor if under $1,000 Class D felony if exceeds $1,000

Kansas


21-383021-4018 2006 S.B. 196 Vital records identity fraud Identity theft Severity level 8, nonperson felonySeverity level 8, nonperson felony Severity level 5, nonperson felony if monetary loss is more than $100,000

Kentucky


514.160 514.170 Theft of identity Trafficking in stolen identities Class D felony Class C felony If a business commits either crime, the business also violates the Consumer Protection Act

Louisiana


RS 14:67.162006 Act 241 Identity theft Punishable by imprisonment for not more than six months or fined not more than $500, or both if less than $300 for first offense. Punishable by imprisonment for not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses. Punishable by imprisonment, with or without hard labor, for not more than one year, or fined not more than $500, or both when the victim is at least 60 or disabled. Punishable by imprisonment for not less than six months and not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses. Punishable by imprisonment, with or without hard labor, for not more than three years, or fined not more than $3,000, or both if between $300 and $500 Punishable by imprisonment, with or without hard labor, for not less than six months and for not more than three years, or fined not more than $3,000, or both when the victim is at least 60 or disabled Punishable by imprisonment, with or without hard labor, for not more than five years, or fined not more than $5,000, or both if between $500 and $1,000 Punishable by imprisonment, with or without hard labor, for not less than one year and for not more than five years, or fined not more than $5,000, or both when the victim is at least 60 or disabled Punishable by imprisonment, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both if $1,000 or more Punishable by imprisonment, with or without hard labor, for not less than two years and for not more than 10 years, or fined not more than $10,000, or both when the victim is at least 60 or disabled

Maine


17-A§905-A Misuse of identification Class D crime

Maryland


Criminal Law §8-301 to §8-3052006 Chap. 607 Identity fraudIntent to manufacture, distribute or dispense identities Identity theft passport Misdemeanor where the benefit, credit, good, service, or other thing of value has a value of less than $500; punishable by imprisonment not to exceed 18 months or a fine not exceeding $5,000, or both Felony where the benefit, credit, good, service, or other thing of value has a value of $500 or greater; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both Felony; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both

Massachusetts


266§37E Use of personal identification of another; identity fraud; penalty; restitution Whoever, with intent to defraud, poses as another person without the express authorization of that person and uses such person’s personal identifying information to obtain or to attempt to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. Whoever, with intent to defraud, obtains personal identifying information about another person without the express authorization of such person, with the intent to pose as such person or who obtains personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person in order to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

Michigan


445.61 et seq. Identity Theft Protection Act Subject to subsection 6, a person who violates section 5 or 7 is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $25,000, or both.

Minnesota


609.527 Identity theft If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced to imprisonment not more than 90 days or fined not more than $700, or both. If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If the offense involves four or more direct victims, or if the total, combined loss to the direct and indirect victims is more than $2,500, the person may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Mississippi


97-19-8597-45-1 et seq.97-45-29 Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value Computer crimes and identity theftIdentity theft passport Guilty of a felony and on conviction thereof for a first offense shall be fined not more than $5,000 or imprisoned for a term not to exceed five years, or both. For a second or subsequent offense such person, on conviction, shall be fined not more than $10,000 or imprisoned for a term not to exceed 10 years, or both. Guilty of a felony punishable by imprisonment for not less than two nor more than 15 years or a fine of not more than $10,000, or both. If the violation involves an amount of less than $250, a person who violates this section may be found guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than six months, or by a fine of not more than $1,000, or both, in the discretion of the court/

Missouri


570.223 Identity theft–penalty–restitutionTrafficking in stolen identities, crime of–possession of documents, exemptions–violations, penalty Identity theft or attempted identity theft which does not result in the theft or appropriation of credit, money, goods, services, or other property is a class B misdemeanor; (2) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding $500 in value is a class A misdemeanor; (3) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $500 and not exceeding $5,000 in value is a class C felony; (4) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $5,000 and not exceeding $50,000 in value is a class B felony; (5) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $50,000 in value is a class A felony.Class B felony

Montana


45-6-33246-24-220 Theft of identityIdentity theft passport If no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,000 was gained or attempted to be gained, punishable by fine in an amount not to exceed $1,000, imprisonment in the county jail for a term not to exceed six months, or both. If an economic benefit of $1,000 or more was gained or attempted to be gained, punishable by fine an amount not to exceed $10,000, imprisonment in a state prison for a term not to exceed 10 years, or both.

Nebraska


28-608 Criminal impersonation; penalty; restitution Class II misdemeanor if no credit, money, goods, services, or other thing of value was gained or was attempted to be gained, or if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was less than $200. Any second conviction under this subdivision is a Class I misdemeanor, and any third or subsequent conviction under this subdivision is a Class IV felony. Class I misdemeanor if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $200 or more but less than $500. Any second or subsequent conviction under this subdivision is a Class IV felony. Class IV felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $500 or more but less than $1,500. Class III felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $1,500 or more.

Nevada


205.461 et seq.205.464205.465205.4651 Obtaining and using personal identifying information of another person to harm person or for unlawful purpose Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties Possession or sale of document or personal identifying information to establish false status or identity Identity theft passport Category B felony or Category E felonyCategory B felony if victim is an older person or vulnerable adultCategory B felony of Category C felony Category C felony or Category E felony Category B felony if victim is an older person or vulnerable adult

New Hampshire


638:25 to 638:27 Identity fraud Class A felony

New Jersey


2C:21-17 to 2C:21-17.6 Impersonation; theft of identity; crimeUse of personal identifying information of another, certain; second degree crime Trafficking in personal identifying information pertaining to another person, certain; crime degrees; terms defined If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree; If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree Crime of the second degreeCrime of the fourth degree – one item pertaining to another person Crime of the third degree – 20 items pertaining to five or more separate persons Crime of the second degree – 50 items pertaining to five or more separate persons

New Mexico


30-16-24.1 Theft of identity Obtaining identity by electronic fraud Fourth degree felony Fourth degree felony

New York


Penal Code 190.77 to 190.84 Identity theft in the third degree Identity theft in the second degree Identity theft in the first degree Unlawful possession of personal identifying information in the third degree Unlawful possession of personal identifying information in the second degree Unlawful possession of personal identifying information in the first degree 190.78 Class A misdemeanor190.79 Class E felony190.80 Class D felony 190.81 Class A misdemeanor 190.82 Class E felony 190.83 Class De felony

North Carolina


14-113.20 to 14-113.23 Identity TheftTrafficking in stolen identities Punishable as a Class G felony, except it is punishable as a Class F felony if: (i) the victim suffers arrest, detention, or conviction as a proximate result of the offense, or (ii) the person is in possession of the identifying information pertaining to three or more separate persons Punishable as a Class E felony

North Dakota


12.1-23-11 Unauthorized use of personal identifying information – Penalty Class B felony if the credit, money, goods, services, anything else of value exceeds $1,000 in value, otherwise the offense is a Class C felony. A second or subsequent offense is a Class A felony.

Ohio


2913.49109.94 Identity fraudIdentity fraud against an elderly person or disabled adultIdentity theft passport Fifth degree felony unless: 1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the fourth degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the third degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the second degree. Fifth degree felony unless: 1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the third degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the second degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the first degree.

Oklahoma


21§1533.122-19b Identity theftIdentity theft passport Felony offense punishable by imprisonment for a period not to exceed two years, or a fine not to exceed $100,000, or by both such fine and imprisonment

Oregon


165.800 Identity theft Class C felony

Pennsylvania


18 Pa.C.S.A. §4120 Identity theft If the total value involved is less than $2,000, the offense is a misdemeanor of the first degree. If the total value involved is $2,000 or more, the offense is a felony of the third degree. Regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy, as defined in section 903, the offense is a felony of the third degree. Regardless of the total value involved, if the offense is a third or subsequent offense, the offense is a felony of the second degree

Rhode Island


11-49.1-1 to 11-49.1-5 Impersonation and Identity Fraud Act First offense punishable by imprisonment for not more than three years and may be fined not more than $5,000, or both. Second offense punishable by imprisonment for not less than three years nor more than five years and shall be fined not more than $10,000, or both. Subsequent offense punishable by imprisonment for not less than five years nor more than 10 years and shall be fined not less than $15,000, or both.

South Carolina


16-13-500 to 16-13-530 Personal Financial Security Act Felony; must be fined in the discretion of the court or imprisoned not more than 10 years, or both

South Dakota


22-40-1 et seq. Identity theft Class 6 felony

Tennessee


39-14-15039-16-303 Identity theft Identity theft trafficking Using a false identification Class D felony Class C felony Class C misdemeanor

Texas


Penal Code 32.51Business & Commerce Code 48.001 et seq. Fraudulent Use or Possession of Identifying Information Identity Theft Enforcement and Protection Act State jail felony

Utah


76-6-1101 to 76-6-1104 Identity fraudUnlawful possession of another’s identification documents Third degree felony if the value of the credit, goods, services, or any other thing of value is less than $5,000 Second degree felony if the value of the credit, goods, services, or any other thing of value is or exceeds $5,000 Class A misdemeanor or third degree felony

Vermont


13 § 2030 Identity theft A person who violates this section shall be imprisoned for not more than three years or fined not more $5,000, or both. A person who is convicted of a second or subsequent violation of this section involving a separate scheme shall be imprisoned for not more than ten years or fined not more than $10,000, or both.

Virginia


18.2-152.5:118.2-186.3 18.2-186.3:1 18.2-186.5 Using a computer to gather identifying information; penaltiesIdentity theft; penalty; restitution; victim assistanceIdentity fraud; consumer reporting agencies; police reportsExpungement of false identity information from police and court records; Identity Theft Passport Any person who violates this section is guilty of a Class 6 felony. Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony. Class 1 misdemeanor Any violation resulting in financial loss of greater than $200 shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 6 felony. Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 6 felony.

Washington


9.35.001 to 9.35-902 Improperly obtaining financial information Identity theft Class C felonyViolation of this section when the accused or an accomplice uses the victim’s means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of $1,500 in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony. Violation of this section when the accused or an accomplice uses the victim’s means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than $1,500 in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony.

West Virginia


61-3-54 Taking identity of another person; penalty Felony; punished by confinement in the penitentiary not more than five years, or fined not more than $1,000, or both

Wisconsin


943.201 Misappropriation of personal identifying information or personal identification documents Class H felony

Wyoming


6-3-901 Unauthorized use of personal identifying information; penalties; restitution A misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750, or both, if no economic benefit was gained or was attempted to be gained, or if an economic benefit of less than $1,000 was gained or was attempted to be gained A felony punishable by imprisonment for not more than 10 years, a fine of not more than $10,000, or both, if an economic benefit of $500.00 or more was gained or was attempted to be gained

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