Identity Theft and Penalty

From LoveToKnow Creditcards

Identity theft and penalty has become a popular topic of conversation since it’s obvious that the crime of identity theft is not going anywhere anytime soon and, in fact, affects millions of Americans a year. Since identity theft is a complicated crime and can also be used to commit other crimes along with it, it can be hard to tell what the penalties are. The Identity Theft Penalty Enhancement Act, passed in July 2004, makes it a little bit easier since it outlines mandatory sentencing for some identity theft cases.

About the Identity Theft Penalty Enhancement Act

The Act introduced several rules to supplement existing state and federal laws. In addition, it classified two new identity theft related crimes:

  • Aggravated identity theft: This type of identity theft occurs when identity theft is used in conjunction with another serious crime. Some examples include assuming another’s identity to try to frame the person and avoid punishment, stealing people’s mail or changing the address on their accounts to get personal information and handing out false passports to help criminals leave the country.
  • Terrorism-related identity theft: As the name implies, this type of identity theft occurs when an identity thief uses wrongfully begotten personal information to facilitate a terrorist act, either domestically or internationally. This crime is in conjunction with aggravated identity theft but carries harsher penalties than that crime alone.

Identity Theft and Penalty Associated with It

The penalties associated with identity theft according to the Act are:

  • Up to five years of prison time for traditional identity theft
  • At least two years of prison time for aggravated identity theft, plus the punishment for the other crime committed with the identity theft
  • At least five years of prison time for terrorism related identity theft, plus the two years for aggravated, which must be served in jail, not on probation

In addition, identity thieves can be subject to state penalties and can even be tried by both federal authorities and state authorities for different charges on the same crime. State penalties can vary drastically depending on the seriousness of the crime, the cost to the victims and whether the thief is a first-time offender. Many states classify all identity theft related crimes as felonies, which can be punishable by serious prison time. However, there are a few that still count very minor cases (in the state’s eyes, not the victim’s) as misdemeanors, such as situations involving less than $500. The current state penalties can be found on the website of the National Conference of State Legislatures.

Civil Penalties for Identity Theft

Oftentimes victims of identity theft can sue the thieves that cost them money for damages in civil court. They can be rewarded not only the money the thieves took from their accounts but also the funds for lost wages, legal fees and even pain and suffering. For the thieves that lose these civil cases, the monetary punishment can be even worse than prison time. It insures that even after they get out they will still have to give restitution for what they did in the past.

To Catch a Thief

The best thing an American can do is be diligent about guarding his or her information to make sure it doesn’t get into the hands of an identity thief. Barring that, the next best thing is to write down anything and everything that happens once he or she realizes something has happened, especially the circumstances which led to the theft, if known. The more information the authorities have, the more likely they are to catch the thief so that the identity theft and penalty for it can go hand-in-hand.

Retrieved from "http://creditcards.lovetoknow.com/Identity_Theft_and_Penalty"

 


Comment on Identity Theft and Penalty



(Displayed with your comment)                        (Will not be displayed)
Verification Code:   
    

Credit Cards Categories
LoveToKnow Tools
More Articles