Although movies may have convinced you otherwise, identity theft does not always involve a person dressing up and imitating someone else. Anytime personal information is used without the individual’s consent, it has the potential to be penalized as identity theft. To learn more and secure the help of a skilled legal professional, reach out to a skilled York County, PA criminal defense attorney today.
What is Identity Theft?
In general, identity theft is the criminal offense of using someone else’s personal or financial information without permission to commit fraud or some sort of crime. In Pennsylvania, identity theft is defined under PA Statutes Title 18 § 4120: “A person commits the offense of identity theft of another person if he possesses or uses, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.”
If you use another person’s name, Social Security number, credit card number, driver’s license number, passport, or any other identification information without permission, it can be considered identity theft. Common crimes committed with this stolen information include:
- Opening a new credit card
- Taking out a loan
- Making unauthorized purchases
- Applying for jobs or government benefits
- Receiving medical services and filing insurance claims
- Claiming a tax refund
- Using a false name when being arrested
Any of these actions, and more, are considered the criminal offense of identity theft. Anytime you use personal identifying information that does not belong to you for some fraudulent purpose, you are committing identity theft.
How is Identity Theft Penalized in PA?
Identity theft convictions can result in different penalties depending on the specific circumstances of the offense and situation. There are different gradings, mainly based on the value of the financial loss.
For example, if the identity theft involved goods or services valued at less than $2,000, it will likely be charged as a first-degree misdemeanor. If the offense involves $2,000 or more, or the furtherance of a criminal conspiracy, it is a third-degree felony. Finally, regardless of the total value, a third or subsequent offense is considered a second-degree felony. The specific details of the offense can also impact how it is charged. For example, if the victim is a vulnerable person like an individual 60 years of age or older, a care-dependent person, or an individual under 18 years old, the offense could be enhanced by one grade.
The standard sentencing guidelines for each degree of identity theft are as follows.
- First-degree misdemeanor: Up to 5 years in prison and up to $10,000 in fines
- Third-degree felony: Up to 7 years in prison and up to $15,000 in fines
- Second-degree felony: Up to 10 years in prison and up to $25,000 in fines
Additional consequences can be imposed at the court’s discretion, depending on the specific circumstances of the situation. Identity theft is a serious offense and can result in significant financial and personal losses for those affected, hence why the penalties are so severe.
