by C. S. P. Barnes

Created on: September 09, 2008   Last Updated: March 05, 2012

What if any are the penalties for the identify theft in the United States?  We know well the pain and damages inflicted by this crime on it's victims but little is known what happens to the identity thieves.

In 2004, the Identity Theft Penalty Enhancement Act was signed into law. The Act increased the penalties for identity theft put into place by the Identity Theft and Assumption Deterrence Act of 1998 and the Internet False Identification Prevention Act of 2000. Now under federal law, convicted identity theft criminals can receive a prison term of up to 15 years and a maximum fine of 250 thousand dollars. Aggravated identify theft criminals will receive a mandatory five year prison term if found guilty of using and/or providing false identifcation to aid activities of terrorism. Aggravated non-terrorism related identify theft carries with it a minimum penalty of two years. Non-aggravated identity theft's penalties can vary in restitution and jail time.

What is important to note is that previously victims were only defined as the creditors who sustained monetary losses as a result of the identity theft but this definition has been expanded through legislation to also include the person's who identity was stolen.

Many states have different statutes which cover the crime of identity theft. All states have defined the act of identity theft as a felony at a certain level dependent on the severity and assessed damage value. The penalties related to that crime are often dependent on the circumstances involved in stealing the identity, the victim whose identity was stolen, and how the information was used after it was stolen. Like the Federal acts, harsher penalties are served out to criminals who use stolen identity information in another crime especially one where violence occurs. Often victims who are identified as more vulnerable will be taken into account in the issuance of justice.

To investigate what laws are applicable in your area, you can visit the National Conference of State Legislatures online at: http://www.ncsl.org/programs/lis/privacy/idt-statute s.htm

It is reassuring to know that local, state, and federal law enforcement are doing their part to mitigate and deter the crime of identity theft. Identity theft criminals are not only the people who steal your information via an electronic medium but could be someone simply stealing your wallet or has rummaged through your garbage and found enough to piece together an identity. As a citizen and a consumer, we should do our part to take special care with their information which is personally identifiable.

Sources:

• Federal Bureau of Investigations
• Federal Trade Commission
• National Conference of State Legislatures
• Federal Deposit Insurance Corporation

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