In today's interconnected online environment we are now able to shop, manage accounts, and make other financial transactions with ease and convenience. One drawback to our continuing technological advancement is that criminals are also becoming increasingly sophisticated. Identity theft has become significantly more common, as roughly 7.5% of households have a consumer who has been victimized.
States With the Most Internet Crimes in 2018
|
Rank |
State |
Number of Incidents |
|
1 |
California |
49,031 |
|
2 |
Texas |
25,589 |
|
3 |
Florida |
23,984 |
|
4 |
New York |
18,124 |
|
5 |
Virginia |
14,800 |
|
6 |
Washington |
10,775 |
|
7 |
Pennsylvania |
10,554 |
Identify Theft in Pennsylvania (§4120)
An identity theft offense is committed when someone has possession of or uses “identifying information of another person” without their knowledge or approval in a manner that is unlawful. When an offender commits the crime multiple times each offense is separate; however, they may be “aggregated in determining the grade of the offense.”
Grading of Offense
If the total amount involved is less than $2,000 it is charged as a first-degree misdemeanor. If the amount is greater than $2,000 it is charged as a third-degree felony. Any offense that involves a “criminal conspiracy” is also charged as a third-degree felony offense. Any third offense is enhanced to a second-degree felony offense. Any offense that involves a victim that is under the age of 18 or more than age 60 is automatically upgraded by one level.
Criminal Conspiracy (§903)
A conspiracy occurs when multiple individuals act together to commit a crime. This means that the parties agree to participate in criminal activity. This applies when a party agrees to provide some form of assistance toward the commission of a crime.
Possession and Use of Unlawful Devices (§4121)
This is a related type of theft that uses a device to interpret, record, and retain confidential data that is encoded on a credit or debit card. This offense can be summarized as using a device that is capable of capturing the information stored on a credit or debit card to use this information to commit fraud. The offense may be committed by merely possessing or selling a device used for these purposes.
Breaches of Personal Data
When computerized personal information such as names, addresses, banking, or credit card information is either inadvertently released or unlawfully accessed it is deemed to be a breach. In 2005, Pennsylvania established the Breach of Personal Information Notification Act. The Act requires entities that store personal information to notify any individuals that may have had their data exposed if a breach occurs.
Penalties Which May Be Imposed
|
Offense Level |
Maximum Imprisonment |
Maximum Fine |
|
Second-Degree Felony |
10 years |
$25,000 |
|
Third-Degree Felony |
7 years |
$15,000 |
|
First-Degree Misdemeanor |
5 years |
$10,000 |
Restitution for Identity Theft (§1107.1)
In addition to any penalties that are imposed on an offender, the court may require them to make restitution to the victim. This may include compensation for investigating the theft, to resolve any civil actions that were caused, costs associated with correcting credit bureau reports, and more.
Criminal Defense Lawyer in Pennsylvania
The LLF Law Firm represents clients that have been charged with criminal offenses. Years of experience have allowed them to develop the skills necessary to effectively defend criminal cases. Those who are seeking aggressive legal representation are encouraged to contact the office for a consultation at (888) 535-3686.
