Delaware County's District Attorney Katayoun Copeland has been active recently in combating identity theft. A recent collection event held at the Manoa Shopping Center in Havertown allowed residents to safely dispose of computers, hard drives, and mobile devices. The event also allowed residents to drop off personal paper documents such as bank statements, credit card offers, and tax returns that were to be shredded. Copeland reminded the community that electronics may “provide information to criminals who are seeking to steal someone's identity.”
Breaches of Consumer Data
The Identity Theft Resource Center reported there were over 1,100 breaches that put over 500 million consumer records at risk. The general business sector had approximately 524 breaches, which was the largest of any sector. Roughly 334 breaches occurred that involved organizations in the field of healthcare. Other types of businesses that demonstrated vulnerability included those in the financial, governmental, and educational realm.
Defining Identity Theft
The offense occurs when an offender uses information associated with someone else's identity to commit criminal acts without their knowledge. These offenses are graded based on the value involved, whether two or more people conspired, any prior convictions, and the ages of those victimized as follows:
|
Offense Details |
Grade (Level) |
Maximum Incarceration |
Maximum Fine |
|
Theft valued at less than $2,000 |
First-Degree Misdemeanor |
5 years |
$10,000 |
|
Theft valued at $2,000 or more |
Third-Degree Felony |
7 years |
$15,000 |
|
Involving a criminal conspiracy |
Third-Degree Felony |
7 years |
$15,000 |
|
Any third or subsequent offense |
Second-Degree Felony |
10 years |
$25,000 |
|
If a victim(s) is under 18 or over 60 years old |
Upgraded One Level |
- |
- |
Data Commonly Involved
Offenders often seek to use photo IDs such as driver's licenses, other state-issued forms of identification, and employee or student identification cards. Other documents containing sensitive personal information include Social Security cards, birth certificates, bank statements, and payroll or tax documents. Sensitive data is commonly accessed electronically from unauthorized access to customer databases, employee files, and medical record systems.
Child Identity Theft
The Federal Trade Commission reports that Social Security numbers of children are increasingly being used to commit a crime. Thieves will commonly attempt to access governmental benefits, create bank accounts, obtain credit cards, and more. Victims of these crimes may not be aware that their identity was stolen for long periods of time. Personal information obtained by schools is often stored with insufficient security.
False Identification to Law Enforcement Authorities (§4914)
One similar offense that relates to misrepresentation of identity is when the perpetrator claims to be someone else when engaged by law enforcement. This is an offense that is a misdemeanor of the third degree.
Importance of Retaining Strong Legal Representation
Those who are alleged to have committed acts of identity theft should promptly consult with seasoned legal counsel. These types of offenses are now emerging in the headlines and courts are imposing harsh penalties. In addition to lengthy prison sentences and hefty fines, offenders are also potentially responsible for making monetary restitution to their victims.
Attorney Provides Legal Defense for Theft Charges in Delaware County
Our Criminal Law Team has many years of experience in this realm of legal practice. We will work diligently to challenge the evidence, ensure your rights are protected and pursue a positive outcome on your behalf. Contact the office today for a consultation at 888-535-3686.
