North Carolina statutes defines identity theft as when a person "knowingly obtains, possesses, or uses identifying information of another person, living or dead, with the intent to fraudulently represent that the person is the other person for the purposes of making financial or credit transactions in the other person's name, to obtain anything of value, benefit, or advantage, or for the purpose of avoiding legal consequences."
"Identifying information" includes a wide variety of factors such as Social Security numbers, driver's license numbers, checking and savings account numbers, credit and debit card numbers, e-mail addresses, fingerprints, biometric data and even a person's maiden name.
In addition to charges of identity theft, prosecutors can bring charges of trafficking in stolen identities if they have evidence that the defendant sold, purchased or otherwise acquired the identifying information of another with the intent of committing identity theft or aiding another in committing identity theft. Prosecutors may also charge a defendant with financial transaction card theft and financial card fraud for using a card that does not belong to him or her without the cardholder's permission or obtaining a card in the name of another person.
Penalties for Identity Theft Crimes
Identity theft is a class G felony in North Carolina, and a defendant faces eight to 20 months in prison if convicted of the offence. However, if the police previously arrested or detained the victim of the identity theft, or the victim was convicted of a crime as a result of the identity theft, the defendant's sentence will rise to a class F felony and the punishment will escalate to a 10 to 24 month prison sentence. Trafficking in stolen identities is a class E felony, punishable by 15 to 47 months in jail. Financial transaction card theft and fraud are class I felonies if the defendant used the card in a transaction involving over $500, and a defendant faces three to eight months in jail if convicted.
The penalties for all of these crimes increase if the defendant has prior felony convictions.
In addition to prison sentences, the court may also order the defendant to pay restitution to the victim of the identity theft for lost money, lost wages, attorney's fees and other costs associated with rectifying the victim's credit report as a result of the identity theft.
Even if a defendant is not convicted of identity theft, or is never charged, identity theft victims may bring civil suits against those who steal their identities for the greater of either actual damages or $5,000.
Charges of identity theft are serious and the potential punishment for a conviction is severe. If you are facing charges of identity theft, do not hesitate to contact an experienced criminal defense attorney who can discuss your situation with you and advise you of your options.
