Penalties for Identity Fraud

Over the last several years the overall amounts of identity fraud have risen steadily. Almost 10 million people in America are effected by this crime, and it usually takes victims anywhere between one to six months before they realize that their identity has been stolen. To combat the rising incidents of identity fraud that has been occurring, the federal government and states have begun enacting various penalties for identity theft.

  1. Identity Theft Penalty Enhancement Act

    • This law was enacted in 2004 and was the federal government's response to the increasing amounts of identity theft that was occurring. Under the law someone convicted of identity theft will face a fixed five-year prison term if using false identification to help terrorists. If the identity theft involves using identification for non-terrorist objectives then there is a mandatory sentence of two years.

    California

    • Anyone who knowingly steals someone's personal information and uses it to buy various goods as well as services is in violation of the act. Violators can be fined or imprisoned for up to one year.

    Florida

    • In Florida, anyone who possesses or uses someone else's identity fraudulently will be guilty of committing a third-degree felony. Under the law anyone found guilty can be subject to three to 10 years imprisonment, depending on the number of victims.

    New Jersey

    • Under sections N.J.S.2C:21-1, N.J.S.2C:21-17 and N.J.S.2C:21-17.3 of the New Jersey penal code, someone is guilty of identity theft if the person stole or attempted to steal another's personal information to commit a crime. Depending on the number of victims, the penalties will be some form of restitution that covers the victim's costs of cleaning up their credit and the costs for removing any negative effects of actions such as liens.

    Texas

    • The penalties for committing identity fraud in Texas can vary depending on the number of victims involved. The penalties can include restitution of lost income and attorney's fees.

    Georgia

    • Any violation of section 16-9-122 of the Georgia penal code is the subject of penalties ranging from a $5,000 fine to imprisonment of up to fifteen years. The severity of the crime will depend on the age of the accused and the number of victims involved.

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