While a lot of identity thieves probably think they are above the law, either because they commit crimes in more than one country or because they just think they are that good at not getting caught, you may wish to know what punishments identity thieves can face if they are prosecuted in the United States.
Before getting into that, it’s important you understand that according to law, there are several different degrees of identity theft that can occur. Arguably the two most serious ones are classified under the Identity Theft Penalty Enhancement Act. These crimes are aggravated identity theft and terrorism related identity theft.
A person committing aggravated identity theft will not just steal a credit card number to make a purchase from 1-800-Flowers. He will use a person’s personal information to help him in committing a serious crime. For example, he could give false information to the police in order to avoid arrest or change the address on someone’s credit accounts to seek additional personal information. People convicted of this crime are to serve two or more years in prison minimum, simply for the identity theft aspect of the crime, and they face additional punishment for the related crime.
Those committing terrorism related identity theft face even harsher penalties. They are individuals who use information they received through identity theft to help in the commission of a terrorist act. For example, a thief committing this crime could steal passports and use them to assist people planning a bombing plot in entering the United States. If convicted, these thieves face five (min) or more years in jail, plus the additional two years that a thief receives for committing aggravated identity theft, since this crime falls under that category as well.
For more small time crimes, usually referred to as traditional identity theft occurrences, the penalty is five years or less. However, if the crime is extreme, such as in the Gonzalez case, where he acquired millions of dollars, it can be much higher.
Thieves can face additional state charges as well, even on the same crimes that they were charged with federally, if different charges can also apply. In most cases, these crimes are considered to be felonies. In a few states, thefts of under $500 are still considered misdemeanors, but that is rapidly changing.
While thieves’ lives are getting harder, consumers’ lives are getting easier. Identity theft protection services are continually getting more advanced and easier to sign up for. If you haven’t looked into one yet, now is the time.