Identity theft continues to be a significant and growing concern in the contemporary world since it permeates the lives of millions of people every year. People who steal credit card details and those who file for tax returns are so disruptive that they hurt the personal and financial lives of individuals. What are the legal consequences that a criminal, who engages in identity theft, is likely to face? In this case, we will look at the different related offenses in order to analyze identity theft penalties and law enforcement response.
What is Identity Theft?
Identity theft is the process of using individual personal or any type of financial details belonging to some other person to make financial gains. This can include:
- Credit card fraud refers to the act of buying items and products using an unauthorized credit card that contains stolen data.
- Criminals employ fake Social Security numbers to file fraudulent tax declarations in Tax Fraud schemes.
- Medical Identity Theft is carrying out fraud by using other people’s medical information with an aim of receiving treatment or certain benefits.
- Employment Fraud is usually practiced by fraudsters who use identity theft in employment sectors to secure vacancies or even when practicing employment checks.
- Synthetic Identity Theft involves the combination of genuine and fake particulars to come up with fake identity that is used for malicious purposes.
The monetary loss from such offenses causes victims to suffer and often take years to reclaim their identity.
Identity Theft Charges
The identity theft crime is pursued by both federal and state legal frameworks while the penalty varies widely from a minor to harsh depending on the severity of the harm which has been caused by every crime.
Federal Identity Theft Laws
According to the given federal law in 18 U.S.C. § 1028 it is regarded as a criminal offense that allocates severe penalties. Some key provisions include:
Aggravated Identity Theft (18 U.S.C. § 1028A) is where an individual uses the identity of another particularly in the commission of federal crimes such as fraud or violation of the immigration laws or performing acts of terrorism. The punishment for the Prosecution for Identity Theft Aggravated is two-year imprisonment, which has to be served concurrently with another outstanding conviction.
By the Identity Theft and Assumption Deterrence Act (1998), identity theft was categorized as a federal crime besides entitling the Federal Trade Commission (FTC) to assist the victims.
The CFAA also addresses issues of unauthorized information Technology crime by preserving personal information to avoid uses for Identity theft.
State-Level Identity Theft Charges
The individual states admit having different laws of identity theft that help in defining whether certain crimes are misdemeanors or felonies based on assessment of certain aspects.
- The amount of financial loss
- The number of victims
- The specificity of criminal victims depends on whether the victim is a minor, an elderly person or a helpless individual
The laws under California Penal Code § 530.5 for identity theft cases may attract charges as either a misdemeanor which may entail up to a year imprisonment or a felony which attracts up to three years imprisonment.
Punishments for Identity Theft
The penalty given to perpetrators of an identity theft case depends on the level of the offense and region. However, common penalties include:
1. Prison Sentences
Offenders that are involved in misdemeanors are likely to be imprisoned for up to one year. The severity of the felony ID theft crime influences the prison time that an offender must serve with the duration depending on the size of the fraud perpetrated.
The penalty of Aggravated identity theft is two years imprisonment in federal institutions as provided by law.
2. Hefty Fines
The court sets identity theft fines at least $1,000 and a maximum of $100,000 depending on the circumstances of individual cases.
In the federal cases, the offenders have to pay large amounts as restitution to the victims where they receive their convictions from as well.
3. Probation & Supervised Release
Probation as a form of punishment may be offered instead of imprisonment to provide for supervision with community service and counseling as well as counseling requirements.
By violating the laid down probation terms one is automatically locked up as mandatory by the court.
4. Civil Lawsuits & Restitution
The aggrieved individuals can seek compensation from the offenders in the form of fines and reimbursement of the legal costs as well as pension for emotional trauma.
In identity theft cases, the courts usually make the convicted individuals compensate the victims fully for their loss.
5. Asset Forfeiture
The offenders or criminals may be forced to forfeit proceeds derived from crime, including real estate, cars, or bank balances.
How to Protect Yourself from Identity Theft
In the light of increasing number of cybercrimes, it becomes necessary to learn as to how one can protect his/her identity:
- Choose Complex Passwords – Do not use passwords that can easily be hacked and where possible, include two-factor authentication.
- Check Financial Accounts – This involves verifying the accounts that one has such as the bank accounts and credit card accounts for any unauthorized activity.
- Freeze Your Credit – Prevent identity thieves from opening new accounts in your name.
- Protect Your Personal Data – Do not surrender your identity details to unsecure websites or over the phone.
If you think your identity has been stolen, then you have to report to the FTC or local police station.
Final Thoughts
Cybercrime such as identity theft is not a small offense as it attracts severe penalties including fines, imprisonment among others. It is helpful to be aware of these penalties as a way to educate yourself and avoid falling for a scam. If you or someone you know has become an ID theft victim consult an attorney right away.