{"id":763,"date":"2023-04-14T07:42:58","date_gmt":"2023-04-14T07:42:58","guid":{"rendered":"https:\/\/dataprot.net\/?p=763"},"modified":"2023-05-06T09:07:36","modified_gmt":"2023-05-06T09:07:36","slug":"is-identity-theft-a-felony","status":"publish","type":"post","link":"https:\/\/dataprot.net\/articles\/is-identity-theft-a-felony\/","title":{"rendered":"Is Identity Theft a Felony?"},"content":{"rendered":"\n
Identity theft<\/a> happens when someone wrongfully acquires another person\u2019s identifying information and uses it for fraud. <\/p>\n\n\n\n People who commit identity theft are often regarded as cyber criminals<\/a>. These people use the internet to steal other people\u2019s personal information. <\/p>\n\n\n\n Although the internet is one of the most common places where identity theft occurs, there are other ways to steal personal data. <\/p>\n\n\n\n Many people wonder whether identity theft is a felony. This article will explore the legal definition of identity theft and whether it is classified as a felony offense. <\/p>\n\n\n\n As mentioned above, identity theft refers to the criminal act of taking someone\u2019s personal identifying information and using it to commit other crimes. <\/p>\n\n\n\n Federal identity theft is covered under 18 U.S.C. \u00a7 1028<\/a>. According to this law, a person commits an identity theft felony if they use the stolen identity to commit felony crimes such as: <\/p>\n\n\n\n The US Congress enacted the Identity Theft and Assumption Deterrence Act<\/a> in 1998. 18 U.S.C. \u00a7 1028 was modified to include the intentional commission, attempted commission, or assistance in committing identity theft as a federal offense.<\/p>\n\n\n\n The Act stipulates that knowingly transferring or utilizing someone else’s means of identification with the intent to engage in unlawful activity that violates federal law or constitutes a felony under state or local laws is considered a federal crime.<\/p>\n\n\n\n Identity theft typically does not fall under the jurisdiction of federal law enforcement agencies and prosecutors unless the crime involves interstate activity, significant financial losses, or a coordinated effort to carry out a fraudulent scheme.<\/p>\n\n\n\n Aggravated identity theft is when someone uses, possesses, or transfers another person’s identity without permission. <\/p>\n\n\n\n The Identity Theft Penalty Enhancement Act<\/a> was made in 2004 to give stricter punishments for aggravated identity theft. Under 18 U.S.C \u00a7 1028A, aggravated identity theft is defined as:<\/p>\n\n\n\n Whoever transfers, possesses, or uses, without authority, a means of identification of someone shall, in addition to the penalties for such a general felony, be sentenced to two years imprisonment. If terrorism is involved, the sentence could be up to five years.<\/em><\/p>\n\n\n\n This statute means that if someone is convicted of aggravated identity theft, they will be given a 2-year prison sentence for a general offense or a 5-year sentence for a terrorism-related offense, on top of any other penalties they get for their other crimes. <\/p>\n\n\n\n For example, someone charged with wire fraud and aggravated identity theft will get a sentence for wire fraud first, then an additional two years for the identity theft conviction. <\/p>\n\n\n\n The consequences of a federal identity theft conviction vary depending on the case’s specifics. These can include:<\/p>\n\n\n\n When allegations of drug trafficking, violent crime, or other federal offenses are involved, the prosecutor may file separate charges with increased penalties.<\/p>\n\n\n\n Anyone who suspects their identity is stolen should report it to their law enforcement agency. <\/p>\n\n\n\n The law enforcement agency is legally obligated to accept the complaint, document it in a police report, furnish a copy of the information to the complainant, and investigate the alleged violation. <\/p>\n\n\n\n The law enforcement agency may also collaborate with other agencies to conduct a comprehensive investigation if necessary. <\/p>\n\n\n\n Another law enforcement agency may become involved, such as when the crime transpires across multiple jurisdictions or upon receipt of a request for assistance. <\/p>\n\n\n\n The protocol for conducting the investigation may vary, contingent upon the particular details and circumstances of the case.<\/p>\n\n\n\n Case summary:<\/strong> In 2018, David Matthew Read and Marc Higley posed as Demi Moore’s assistants to request a new no-limit American Express card. Read then used the new card to spend over $169,000 in New York and Los Angeles luxury shops.<\/p>\n\n\n\n The downfall: <\/strong>Read was caught when he used the stolen card and his own to pay off a balance on some transactions. Both were caught on surveillance cameras in a Nordstrom store. <\/p>\n\n\n\nFederal Identity Theft<\/strong><\/h2>\n\n\n\n
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What is Aggravated Identity Theft?<\/strong><\/h2>\n\n\n\n
Consequences of an Identity Theft Conviction<\/strong><\/h2>\n\n\n\n
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Identity Theft Investigation Process<\/strong><\/h2>\n\n\n\n
Biggest Identity Theft Cases of the Modern Times<\/strong><\/h2>\n\n\n\n
David Matthew Read Case<\/h3>\n\n\n\n