The number of victims of identity theft in the U.S. annually now exceeds 10 million. Thieves may use a victim's personal information to establish credit or bank accounts and even obtain government benefits. These types of fraud are sometimes the result of security breaches in the networks of companies that store large volumes of personal customer data.
The average financial loss per incident is slightly over $5,000. Approximately 22% of victims experienced more than one incident of identity theft. In Lehigh County, a Computer Crimes Task Force was established. A spokesman from the group explained that “technology is now associated with every crime.” The Task Force finds themselves investigating crimes including “human trafficking, gangs, identity theft and fraud” among others.
Identify Theft (§4120)
This is a form of fraud where an offender obtains someone's “identifying information” to conduct unlawful activities. The victim is generally unaware that the offense is being committed at the time. Roughly 80% of victims of identity theft are unsure of how their personal information was acquired. Approximately 10% of victims remain unaware that they were victimized two years after the offense is committed.
Grading Matrix
|
Identity Theft Details |
Level of Offense |
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 |
|
Victim(s) is under 18 or over 60 years old |
Upgraded One Level |
- |
- |
What is a Criminal Conspiracy?
A conspiracy is when more than one person is involved in planning a crime. To be a conspiracy, the parties must agree to engage or assist in the crime to some extent. When a co-conspirator is aware that another party is conspiring with others in the same crime, all parties are guilty of conspiring with one another regardless of whether they know each other's identity.
Court-Ordered Restitution
Individuals convicted of identity theft may be ordered by the court to make restitution. This financial compensation is independent of the fines imposed. Victims in the aftermath of having their identity stolen are faced with legal expenses for defending against civil actions, fees for correcting credit bureau reports, and a host of others. In Lehigh County, the Victim/Witness Unit is an available resource for assistance with “restitution calculation and claims.”
Child Identity Theft
The Federal Trade Commission recently addressed the increase in the number of identity theft victims that are children. These crimes may go unnoticed by victims and their families for many years, as minors do not generally have credit reports to review. In some of these instances, a child's personal information is accessed from school or medical records.
Legal Representation for Those Accused of Identity Theft
Under Pennsylvania law, those convicted of identity theft may face up to a 10-year prison sentence and a $25,000 fine. Our Criminal Law Team are experienced defense attorneys that aggressively defend clients in these and other criminal cases. Contact our office today at (888) 535-3686 for a case evaluation.
