Identity Theft

What is Identity Theft?

Identity theft is the crime of unlawfully obtaining and using another person's personal information—such as name, Social Security number, credit card details, or other identifiers—without permission, typically to commit fraud or other crimes.

The stolen identity may be used to access financial accounts, apply for credit, commit various frauds, or impersonate someone in criminal investigations. This deceit harms victims financially, legally, and emotionally.

Georgia and Federal Laws on Identity Theft

At the federal level, the Identity Theft and Assumption Deterrence Act (1998) makes it a crime to knowingly transfer or use, without lawful authority, another person's means of identification with the intent to commit illegal activity. Federal statutes cover a wide range of identity theft and related crimes such as credit card fraud and document forgery. Federal identity theft charges can carry penalties of up to 15 years in prison, substantial fines, and forfeiture of property used in committing the crime.

In Georgia, identity theft offenses include both fraudulent use of another's personal identifying information and criminal identity theft, where someone uses another person's identity to avoid law enforcement or in connection with criminal activity during an arrest or investigation. Victims may find their names connected to criminal records or arrest warrants unlawfully. Georgia law imposes significant penalties for identity theft, including felony charges with imprisonment terms and fines to address the severity of the offense.

Penalties and Sentences

Both federal and Georgia laws treat identity theft as a serious crime with severe consequences. Federal convictions can result in up to 15 years imprisonment, heavy fines, and criminal forfeiture. Sentences can increase if the theft is connected to other felonies such as terrorism or immigration violations.

Georgia state penalties include felony charges leading to prison time and fines. Additionally, criminal identity theft victims often face long and complex processes to clear their names from wrongful records created due to someone else's fraud.

Because identity theft investigations are complex and penalties are severe, it is crucial for anyone charged with identity theft to seek skilled legal representation to safeguard their rights and defend against allegations.