What Type of Crime is Identity Theft?
Identity theft has become a somewhat common occurrence in the twenty-first century, largely due to the rise of technology and the accessibility of personal information and data through the internet. Identity theft, also known as identity fraud, is a term “used to refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain,” according to the US Department of Justice. Data from the Insurance Information Institute suggests that identity theft incidents are rising, and in 2024 alone, there were more than 1.35 trillion victims of data breaches.
Both federal and state law in Florida take crime related to identity theft extremely seriously. The specific elements of this fraud-related offense, however, are different depending on whether they are being prosecuted under state or federal law. Our Tampa fraud defense attorney can explain more about the types of charges, and we are here to begin working with you on a defense strategy today.
Criminal Use of Personal Identification Information Under Florida State Law
Under Florida law, identity theft is typically prosecuted as the criminal use of personal identification under Section 817.568 of the Florida Statutes. This crime is generally understood as a fraud offense, and a person can face charges when they “willfully and without authorization fraudulently use personal identification information concerning a person without first obtaining that person’s consent.”
This offense is typically prosecuted either as a felony of the second degree or a felony of the first degree — among the most serious felony offenses under Florida criminal law.
Federal Fraud and Identity Theft-Related Charges
Identity theft is also a fraud-related offense under federal law, prosecution under 18 USC 1028, a statute that allows for the prosecution of “fraud and related activity in connection with identification documents, authentication features, and information.”
Under federal law, a person can face identity theft charges under this statute for various acts, including the following:
- Knowingly producing a false identification document or authentication feature;
- Knowingly transferring a false identification document or authentication feature;
- Knowingly possessing a false identification document or authentication feature; and
- Knowingly possessing with intent to use or unlawfully transfer five or more false identification documents or authentication features.
The statute also has other related offenses when the identity document is a federal document, or when a person possesses, produces, or transfers with intent to engage in further criminal activity, or traffics in these documents.
A penalty upon conviction is typically between 5 and 15 years in prison and a substantial fine, depending on the specific offense.
Contact Our Tampa Criminal Defense Attorneys for Help Defending Against Criminal Charges Involving Allegations of Identity Theft
If you are facing charges related to identity theft or any other type of fraud offense under state or federal law, you need to have an experienced criminal defense attorney on your side who has experience handling fraud cases. One of the experienced Tampa fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. is here to assist you with your defense. We can speak with you today to find out more about the specific charges you are facing in connection with identity theft, and we can begin working with you on your defense strategy. Do not hesitate to contact our firm to learn more about how we can assist you or a loved one who is facing charges in Florida.
Sources:
flsenate.gov/laws/statutes/2017/817.568
law.cornell.edu/uscode/text/18/1028
iii.org/fact-statistic/facts-statistics-identity-theft-and-cybercrime
