What Qualifies as Identity Theft?

Public awareness of identity theft is constantly on the rise in recent years, as more and more news reports describe cyber attacks on websites and retailers that result in the theft of customers’ personal information, including names, birthdates, Social Security numbers, credit card numbers, and other personal information that exposes consumers to identity theft. As these online attacks continue to gather vital personal information on consumers, businesses intended to help individuals fight identity theft thrive. Even the federal government is offering tips on how to avoid or combat identity theft.

Identity theft is of particular concern in Illinois, which ranks seventh in the nation with an identity theft rate of 124 per 100,000 people. While the overall numbers of identity theft appear to be declining—from 490,000 cases nationwide in 2015, to 400,000 cases in 2016 and only 371,000 in 2017—that likely is small comfort to the nearly 16,000 Illinois residents who were victims of identity theft in 2017. In fact, Illinois residents were nearly three times more likely to be the victims of identity theft than were residents in the lowest-ranked state, South Dakota, with its rate of only 46 cases per 100,000 residents.

Illinois Has Tough Identity Theft Laws

Perhaps appropriately for a state with such a high rate of identity theft, Illinois has strict laws with significant criminal penalties to combat the practice. Illinois law considers an act to be identity theft if “personal identifying” data, including someone’s address, birth, Social Security number, or other personally identifying information, is knowingly used for any purpose. This can include selling the information to someone else or providing the information with the expectation of receiving a monetary gain. Using personal identifying data to obtain other important, personal records also is against the law.

The range of activities that are a form of identity theft under Illinois law is quite broad. These offenses include knowingly:

• Using someone else’s personal identifying information to obtain credit, money, services, goods, or any other property, or using another person’s identifying data to commit any other felony
• Obtaining, possessing, selling, transferring, or buying another person’s personal identification information with the intent to commit a crime, as well as performing any of those acts knowing that the personal information involved was stolen or obtained illegally
• Using, transferring, or possessing the equipment to make false identification knowing that such fake ID will be used to commit a felony
• Using someone else’s personal identification information to pretend to be that person or gain access to another person’s personal identification information without that person’s express permission beforehand

Penalties for Identity Theft in Illinois Can be Very Steep

While a first offense of identity theft for a small amount of money could result in just a misdemeanor charge, even that can carry penalties most people would not want to face. The maximum for such a misdemeanor offense is a year in jail and a $2,500 fine. The penalties can go up pretty sharply from there. The potential charges and sentences for identity theft go up with the amount of money involved and whether a repeat offense is involved. For example:

• First-time identity theft involving credit, money, goods, services, or other property of less $300, is a Class 4 felony. This can be punished by one to three years in prison, as well as a fine up to $25,000. Repeat offenses will be considered a Class 3 felony, carrying a punishment of by two to five years in prison
• If the amount of credit, money, goods, services, or other is between $300 and $2,000, the charge is a Class 3 felony, with a punishment of two to five years in prison
• For those offenses involving between $2,000 and $10,000, the charge is a Class 2 felony, which can carry a sentence of two to seven years in prison
• When the amount involved in an identity theft offense is from $10,000 to $100,000, the charge is a Class 1 felony. This can be punished by four to 15 years in prison
• Any identity theft involving more than $100,000 is a Class X felony. The sentence ranges from six to 30 years in prison.

Previous offenses and other aggravating factors generally increase the charge to the next step up. In addition, it is considered aggravated identity theft when the victim is 60 years old or more. Because of the potential for older victims being less aware of the potential for identity theft and the forms it can take, these crimes will earn a perpetrator a bump up in the level of offense. The same applies if the victim is disabled.

In addition, if identity theft is committed in furtherance of gang activity, the charges can be increased to a Class 3 to as much as a Class 1 felony, with sentences of six to 30 years. The larger the amount of money involved, the more likely a maximum sentence becomes.

If You Are Charged With Identity Theft in DuPage, Kane, or Cook County, Talk to the Criminal Defense Attorneys of Kent Law, L.L.C.

Serious charges call for serious defense. If you have been charged with identity theft—particularly if the charge is a repeat offense, includes aggravating factors, or qualifies as a Class 3 felony or higher—you need to find the best possible defense. Going to prison for multiple years is not a desirable outcome. You need an attorney with the experience to put forward the best defense possible. In that situation, your best choice is someone with experience on both sides of such cases, as prosecutor and defense counsel. Call the criminal attorneys of Martin & Kent, LLC. They have decades of years of experience, including many years as felony prosecutors. This gives them inside knowledge of the system and the experience to put forth a tough and aggressive defense on your behalf. For a consultation in DuPage, Kane, or Cook County, contact them 24 hours a day at (630) 474-8000.