What Is the Penalty for ID Theft?
When the Identity Theft Penalty Act came into law in 2004, it changed the way offenders were being prosecuted to stiffer and harsher punishments. Instead of a slap on the wrist it became a federal crime where the offender can now spend time in federal prison. Since identity theft isn't always a black and white issue, some states will have a series of charges that range from fines and misdemeanors to varying classes of felony or a combination of these.
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Increase in Maximum Sentencing
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Once the act was signed, it immediately increased the sentencing time frame for identity theft in federal prison from three years to five years. Even though some states have their own laws for identity theft, they tend to differ from state to state, resulting in different sentencing practices.
Additional Time for Phishing
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Phishing is a practice among thieves where they pretend to be financial institutions or companies that send the victim spam or pop-up messages through the Internet to get them to reveal private information. The offenders found guilty of this charge are given an additional two years prison time on top of their original sentencing.
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Aggravated Identity Theft
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Aggravated identity theft is considered a new law that came into affect when the act was signed. This crime occurs when an offender uses stolen identity for mail fraud, terrorist acts or fraudulent immigration papers. The new law also allows criminals to be charged for more than one offense. The criminal can now face charges of not only aggravated identity theft but also identity theft. This law adds two years on top of the original sentencing and can't be carried out during probation.
Abuse of Power
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Abuse of power occurs when a person of trust abuses their position of authority to steal identity information from their victims. These people are usually a manager or some other insider with access to the victims personal information. The punishment for this crime adds penalty fines on top of the original sentencing.
Terrorism
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Supported by the aggravated identity theft law, any terrorist related crime will add an additional five years to any original sentencing. The maximum sentencing for this crime is 25 years and now applies to international and domestic crimes.
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References
- Photo Credit digital identity black image by Nicemonkey from Fotolia.com
