The crime of identity theft results from the usage of a victim's personal information to commit unlawful activity. Thieves, such as hackers, may uncover data such as a victim's social security number, bank account information, and credit card number. Nationwide, the number of identity theft crimes continues to rise and now there is an industry specifically offering these theft protection services for consumers.
Ways Personal Information is Unlawfully Obtained
- Approximately 80% of people have reused the same passwords for online accounts
- Approximately 22% of people always use the same passwords for online accounts when possible
- Usage of public Wi-Fi networks is deemed as risky
- Saving your login and payment information online is a common risk
- Carrying birth certificates and Social Security cards in a wallet or purse is not recommended
Identity Theft (§4120)
The crime of identity theft involves an offender who uses someone's personal information to commit unlawful action without their knowledge or permission. Documents that typically contain the types of information used in theses crimes include a birth certificate, driver's license, Social Security card, employee or student identification card, and others. Many data breaches have occurred in recent years where an organization's network security is penetrated allowing unauthorized access to customer information.
Identity Theft: Grading of Offenses
- If the theft offense is valued at less than $2,000, it is a misdemeanor of the first degree
- If the theft offense is valued at more than $2,000, it is a felony of the third degree
- Offenses that result from a criminal conspiracy are charged as a felony of the third degree
- Any third offense will be charged as a second-degree felony
- All offenses involving victims that are under the age of 18 or over the age of 60 are upgraded by one level
|
Level of Offense |
Maximum Incarceration |
Maximum Fine |
|
First-Degree Misdemeanor |
5 years |
$10,000 |
|
Third-Degree Felony |
7 years |
$15,000 |
|
Second-Degree Felony |
10 years |
$25,000 |
Federal Aggravated Identity Theft (18 U.S.C. §1028A)
Federal law defines aggravated identity theft as possessing, transferring, or otherwise using someone's identification to commit a felony. There were more than 66,000 cases reported in 2017. Approximately 99% of those convicted received a prison sentence.
Payment of Restitution for Identity Theft (§1107.1)
Those convicted of identity theft are often ordered by the court to pay restitution to the victim. The courts may use some discretion in determining a reasonable amount of restitution. The funds are commonly used to pay fees for the services of lawyers, accountants, and credit bureaus to correct the harm that the crime created.
Possession and Use of Unlawful Devices (§4121)
This is a crime that uses a device that is capable of interpreting, recording, and retaining sensitive data that is encoded on a payment card. Often this crime uses a “skimming” device that is placed on an ATM or another terminal where a credit or debit card is swiped. The offense may be committed by merely having possession of or selling a device that is used for these purposes.
Aggressive Defense Counsel for Theft Offenses in Pennsylvania
Our Criminal Law Team are attorneys that clearly understand the potential ramifications of a criminal conviction. We use our many years of experience to effectively defend clients that are facing serious criminal allegation. Contact the office for a case evaluation today at (888) 535-3686.
