In addition, you could face a civil lawsuit if the victim decides to sue you for damages caused by identity theft. Trafficking in stolen identities can be charged if you steal personal information from someone and then sell or transfer it to a third party who commits identity theft. This is an even more serious crime that can result in up to 63 months in jail.
Your penalties may vary depending on your prior record, the facts of your case, and other factors. Not to mention that it can be very difficult, and sometimes nearly impossible, to determine who is responsible.
Successful identity thieves are cunning criminals. They often work behind the scenes and remain hidden in the shadows of the black market or Dark Web. Since fraudsters operate covertly, it can make victims feel helpless or frustrated in their pursuit of justice — but you should know there are both state and federal laws to protect consumers. Due to the increased odds of identity theft and its significant consequences, the United States government passed the Identity Theft and Assumption Deterrence Act in This act requires courts to levy an additional 2-year sentence for general offenses, and 5 years for terrorism-related offenses.
In addition to being a federal crime, punishment for identity theft varies based on state and local laws. Like any other crime, the charges depend on the intent and severity of the damages caused. Identity theft occurs when someone uses a victim's personal information to pose as the victim in order to obtain goods, services, or anything else of value. It's a crime that nearly one in five people in the U.
The amount of money lost to identity theft measures in the billions of dollars every year. All states criminalize identity theft, and many increase penalties when identity theft targets vulnerable individuals, such as the elderly or people under guardianships. Identity thieves target specific forms of personal identity. They use sensitive personal information, such as your Social Security Number, bank account numbers, email passwords, and credit card numbers to their own benefit.
An identity thief might use your personal information to apply for a credit card, set up a wireless device plan, get medical care, steal your tax refund, or give your information to a police officer if arrested or pulled over. State identity theft laws cover a wide range of behaviors. At their core, these crimes all involve someone using your personal identifying information without your consent for their own purposes or gain.
Identity theft can occur when:. One key piece to identity theft crimes is the use of specific kinds of information, commonly known as personal identifying information. Though state definitions differ slightly, personal identifying information generally includes your name, date of birth, credit card numbers, Social Security number, financial records, credit report data, state identification or driver's license numbers, telephone numbers, financial account numbers, addresses, names of relatives, photographs, or anything else you can use to identify yourself.
You can commit identity fraud even if you never actually benefit from your actions. Identity theft occurs when you obtain, possess, or use someone else's information with the intent to later fraudulently use that information to your benefit. Let's say you're a waiter and a customer gives you a credit card to pay the bill. Then, no one can add new charges unless you agree. Change logins, passwords, and PINs for your accounts.
To place a fraud alert, contact one of the three credit bureaus. That company must tell the other two. Get your free credit reports from Equifax, Experian, and TransUnion. Go to annualcreditreport. Go to IdentityTheft. Include as many details as possible.
Tell the police someone stole your identity and you need to file a report.
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