Penalties for Identity Theft Crimes

As one of the most prevalent crimes in America, identity theft is heavily investigated, prosecuted and punished. While initially treated with light punishments, both state and federal lawmakers have increased the penalties for identity theft crimes in recent years.

Crime Level

In most states, identity theft constitutes a third-degree felony for a first offense. In the states where it isn't a felony, it is a Class A misdemeanor for the first offense.

Increased Penalties

The penalties increase for subsequent convictions for identity theft. The penalties can also increase depending on the dollar amount taken or the number of people victimized. Some states, like Hawaii, even have a first-degree identity theft charge, which is a Class A felony.

Jail Time

For all identity theft convictions, be it at the state or federal levels, a jail sentence is an almost certain outcome. Depending on the state, the sentences can range from a few months to 5 years for a first offense. If you are convicted federally, each offense carries a mandatory minimum sentence of 2 years. Subsequent offenses or high dollar amounts can get you even more jail time.

Fines

Fines for an identity theft conviction can reach thousands of dollars. For instance, Idaho law allows for a fine of up $50,000 for felony identity theft, while Georgia allows for a fine of up to $100,000 for the same offense.

Restitution

Most identity theft statutes allow for victims to claim restitution for the money the thief stole from them. Depending on the severity of the crime, this dollar amount can be in the thousands. Victims are first in line to receive money, so the thief will have to pay restitution first, then pay any fines.

References

• NCSL.org