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Identity Theft Statutes
Listed by State

Use the identity theft statues to determine how your state offers protection against ID Theft.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York State
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Ontario
Virgin Islands




State Statutory Citation Title Penalty
Up Alabama 13A-8-190 to
13A-8-201
2006 Act 148
The Consumer Identity Protection Act Identity theft is a Class C felony
Trafficking in stolen identities is a Class B felony
Obstructing justice using a false identity is a Class C felony.
Up Alaska 11.46.180 Theft by deception First degree is a Class B felony
Second degree is a Class C felony
Third degree is a Class A misdemeanor
Fourth degree is a Class B misdemeanor
Up Arizona 13-2008 Taking identity of another person; classification Class 4 felony
13-2009 Aggravated taking identity of another person or entity;classification Class 3 felony
13-2010 Trafficking in the identity of another person or entity; classification Class 2 felony
Up Arkansas 5-37-227
5-37-228
Financial identity fraud
Identity theft passport
Class C felony
Up California Penal Code 530.5 to 530.8   Upon conviction a person shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed $1,000, or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed $10,000, or both that imprisonment and fine.
Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information of another person is guilty of a public offense, and upon conviction therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or by both that imprisonment and fine.
Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person who is deployed to a location outside of the state is guilty of a public offense, and upon conviction therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,500, or by both that imprisonment and fine.
Up Colorado 18-5-901 et seq.
2006 Chap. 289
Identity theft
Criminal possession of a financial device
Class 4 felony
Criminal possession of one financial device is a Class 1 misdemeanor. Criminal possession of two or more financial devices is a Class 6 felony. Criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a Class 5 felony
Gathering identity information by deception Class 5 felony
Possession of identity theft tools Class 5 felony
Up Connecticut 53a-129a et seq. Identity theft in the first degree Class B felony - the value of the money, credit, goods, services or property obtained exceeds $10,000
Identity theft in the second degree Class C felony - the value of the money, credit, goods, services or property obtained exceeds $5,000
Identity theft in the third degree Class D felony
Trafficking in personal identifying information Class D felony
Up Delaware 11§828 11§854 11§854a
2006 Chap. 338
Possession of burglar’s tools or instruments facilitating theft; class F felony
Identity theft
Identity theft passport; application; issuance
Class F felony Class D felony
Up District of Columbia 22-3227.01 to 3227.08 Identity theft in the first degree





Identity theft in the second degree



Enhanced penalty
Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) three times the value of the property obtained, or (3) three times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained or the amount of the financial injury is $250 or more.
Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained or the amount of the financial injury, whichever is greater, is less than $250
Any person who commits the offense of identity theft against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.
Up Florida 817.568 Criminal use of personal identification information 817.568(2)(a) Third degree felony
817.568(2)(b) Second degree felony
817.568(2)(c) First degree felony
817.568(4) First degree misdemeanor
817.568(5) reclassification
817.568(6) Second degree felony
817.568(7) Second degree felony
817.568(8)(a) Third degree felony
817.568(8)(b) Second degree felony
817.568(8)(c) First degree felony
817.568(9) Third degree felony
817.568(10) reclassification
Up Georgia 16-9-121 to
16-9-128
Financial identity fraud Punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both for first offense
Punishable by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both for subsequent offenses
Up Hawaii 708.839.6
708.839.7
708-839.8
2006 Act 139
Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree
Unauthorized possession of confidential personal information
Class A felony

Class B felony

Class C felony

Class C felony
Up Idaho 18-3124


18-3125




18-3125A


18-3126


18-3126A


18-3127


18-3128
Fraudulent use of a financial transaction card or number
Criminal possession of financial transaction card, financial transaction number and FTC forgery devices
Unauthorized factoring of credit card sales drafts
Misappropriation of personal identifying information
Acquisition of personal identifying information by false authority
Receiving or possessing fraudulently obtained goods or services
Penalty for violation
Any person found guilty of a violation of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, is guilty of a misdemeanor. In the event that the retail value of the goods obtained or attempted to be obtained through any violation of the provisions of section 18-3124, 18-3125A, 18-3126 or 18-3127, Idaho Code, exceeds $300, any such violation will constitute a felony, and will be punished as provided in this section. Any person found guilty of a violation of section 18-3126A, Idaho Code, is guilty of a felony.  For purposes of this section, the punishment for a misdemeanor shall be a fine of up to $1,000 or up to one year in the county jail, or both such fine and imprisonment.  For purposes of this section, the punishment for a felony shall be a fine of up to $50,000 or imprisonment in the state prison not exceeding five years, or both such fine and imprisonment.
Up Illinois 720 ILCS 5/16G-1 to 720 ILCS 5/16G-25



2006 P.A. 94-0827




2006 P.A. 94-0969
Identity theft Methamphetamine Enhancement
Aggravated identity theft Transmission of personal identifying information
Facilitating identity theft
Class 4 felony if under $300 in value for first offense
Class 3 felony for subsequent offense
Class 3 felony if between $300 and $2,000
Class 2 felony if between $2,000 and $10,000
Class 1 felony if between $10,000 and $100,000
Class X felony if exceeds $100,000
Class 2 felony for first offense and Class 1 felony for subsequent felonies
Class 3 felony if under $300 in value
Class 2 felony if between $300 and $10,000
Class 1 felony if between $10,000 and $100,000
Class X felony if exceeds $100,000
Class A misdemeanor

Class A misdemeanor for first offense and Class 4 felony for subsequent offenses
Up Indiana 35-43-5-1
34-43-5-3.5
2006 P.L. 125
Definitions
Identity Deception

Class D felony
The offense defined in subsection (a) is a Class C felony if (1) a person obtains, possesses, transfers, or uses the identifying information of more than 100 persons; or (2) the fair market value of the fraud or harm caused by the offense is at least $50,000
Up Iowa 614.4A
714.16B
715A-8 et seq.
715A.9A
2006 H.F. 2506
Identity theft



Identity theft passport
Aggravated misdemeanor if under $1,000
Class D felony if exceeds $1,000
Up Kansas 21-3830

21-4018
2006 S.B. 196
Vital records identity fraud
Identity theft
Severity level 8, nonperson felony

Severity level 8, nonperson felony
Severity level 5, nonperson felony if monetary loss is more than $100,000
Up Kentucky 514.160
514.170
Theft of identity
Trafficking in stolen identities
Class D felony
Class C felony
If a business commits either crime, the business also violates the Consumer Protection Act
Up Louisiana RS 14:67.16




2006 Act 241
Identity theft Punishable by imprisonment for not more than six months or fined not more than $500, or both if less than $300 for first offense. Punishable by imprisonment for not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses.
Punishable by imprisonment, with or without hard labor, for not more than one year, or fined not more than $500, or both when the victim is at least 60 or disabled. Punishable by imprisonment for not less than six months and not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses.
Punishable by imprisonment, with or without hard labor, for not more than three years, or fined not more than $3,000, or both if between $300 and $500
Punishable by imprisonment, with or without hard labor, for not less than six months and for not more than three years, or fined not more than $3,000, or both when the victim is at least 60 or disabled
Punishable by imprisonment, with or without hard labor, for not more than five years, or fined not more than $5,000, or both if between $500 and $1,000
Punishable by imprisonment, with or without hard labor, for not less than one year and for not more than five years, or fined not more than $5,000, or both when the victim is at least 60 or disabled
Punishable by imprisonment, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both if $1,000 or more
Punishable by imprisonment, with or without hard labor, for not less than two years and for not more than 10 years, or fined not more than $10,000, or both when the victim is at least 60 or disabled
Up Maine 17-A§905-A Misuse of identification Class D crime
Up Maryland Criminal Law §8-301 to §8-305









2006 Chap. 607
Identity fraud








Intent to manufacture, distribute or dispense identities
Identity theft passport
Misdemeanor where the benefit, credit, good, service, or other thing of value has a value of less than $500; punishable by imprisonment not to exceed 18 months or a fine not exceeding $5,000, or both
Felony where the benefit, credit, good, service, or other thing of value has a value of $500 or greater; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Felony; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Up Massachusetts 266§37E Use of personal identification of another; identity fraud; penalty; restitution Whoever, with intent to defraud, poses as another person without the express authorization of that person and uses such person’s personal identifying information to obtain or to attempt to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Whoever, with intent to defraud, obtains personal identifying information about another person without the express authorization of such person, with the intent to pose as such person or who obtains personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person in order to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Up Michigan 445.61 et seq. Identity Theft Protection Act Subject to subsection 6, a person who violates section 5 or 7 is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $25,000, or both.
Up Minnesota 609.527 Identity theft If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced to imprisonment not more than 90 days or fined not more than $700, or both.
If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
If the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
If the offense involves four or more direct victims, or if the total, combined loss to the direct and indirect victims is more than $2,500, the person may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Up Mississippi 97-19-85






97-45-1 et seq.







97-45-29
Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value
Computer crimes and identity theft







Identity theft passport
Guilty of a felony and upon conviction thereof for a first offense shall be fined not more than $5,000 or imprisoned for a term not to exceed five years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than $10,000 or imprisoned for a term not to exceed 10 years, or both.
Guilty of a felony punishable by imprisonment for not less than two nor more than 15 years or a fine of not more than $10,000, or both. If the violation involves an amount of less than $250, a person who violates this section may be found guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than six months, or by a fine of not more than $1,000, or both, in the discretion of the court/
Up Missouri 570.223 Identity theft--penalty--restitution
















Trafficking in stolen identities, crime of--possession of documents, exemptions--violations, penalty
Identity theft or attempted identity theft which does not result in the theft or appropriation of credit, money, goods, services, or other property is a class B misdemeanor; (2) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding $500 in value is a class A misdemeanor; (3) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $500 and not exceeding $5,000 in value is a class C felony; (4) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $5,000 and not exceeding $50,000 in value is a class B felony; (5) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $50,000 in value is a class A felony.
Class B felony
Up Montana 45-6-332










46-24-220
Theft of identity










Identity theft passport
If no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,000 was gained or attempted to be gained, punishable by fine in an amount not to exceed $1,000, imprisonment in the county jail for a term not to exceed six months, or both.
If an economic benefit of $1,000 or more was gained or attempted to be gained, punishable by fine an amount not to exceed $10,000, imprisonment in a state prison for a term not to exceed 10 years, or both.
Up Nebraska 28-608 Criminal impersonation; penalty; restitution Class II misdemeanor if no credit, money, goods, services, or other thing of value was gained or was attempted to be gained, or if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was less than $200. Any second conviction under this subdivision is a Class I misdemeanor, and any third or subsequent conviction under this subdivision is a Class IV felony.
Class I misdemeanor if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $200 or more but less than $500. Any second or subsequent conviction under this subdivision is a Class IV felony.
Class IV felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $500 or more but less than $1,500.
Class III felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $1,500 or more.
Up Nevada 205.461 et seq.



205.464






205.465




205.4651
Obtaining and using personal identifying information of another person to harm person or for unlawful purpose
Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties
Possession or sale of document or personal identifying information to establish false status or identity
Identity theft passport
Category B felony or Category E felony
Category B felony if victim is an older person or vulnerable adult


Category B felony of Category C felony






Category C felony or Category E felony
Category B felony if victim is an older person or vulnerable adult
Up New Hampshire 638:25 to 638:27 Identity fraud Class A felony
Up New Jersey 2C:21-17 to 2C:21-17.6 Impersonation; theft of identity; crime















Use of personal identifying information of another, certain; second degree crime
Trafficking in personal identifying information pertaining to another person, certain; crime degrees; terms defined
If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree
If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree;
If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree
Crime of the second degree



Crime of the fourth degree - one item pertaining to another person
Crime of the third degree – 20 items pertaining to five or more separate persons
Crime of the second degree – 50 items pertaining to five or more separate persons
Up New Mexico 30-16-24.1 Theft of identity
Obtaining identity by electronic fraud
Fourth degree felony
Fourth degree felony
Up New York Penal Code 190.77 to 190.84 Identity theft in the third degree
Identity theft in the second degree
Identity theft in the first degree
Unlawful possession of personal identifying information in the third degree
Unlawful possession of personal identifying information in the second degree
Unlawful possession of personal identifying information in the first degree
190.78 Class A misdemeanor

190.79 Class E felony

190.80 Class D felony

190.81 Class A misdemeanor



190.82 Class E felony



190.83 Class De felony
Up North Carolina 14-113.20 to 14-113.23 Identity Theft





Trafficking in stolen identities
Punishable as a Class G felony, except it is punishable as a Class F felony if: (i) the victim suffers arrest, detention, or conviction as a proximate result of the offense, or (ii) the person is in possession of the identifying information pertaining to three or more separate persons
Punishable as a Class E felony
Up North Dakota 12.1-23-11 Unauthorized use of personal identifying information - Penalty Class B felony if the credit, money, goods, services, anything else of value exceeds $1,000 in value, otherwise the offense is a Class C felony.
A second or subsequent offense is a Class A felony.
Up Ohio 2913.49



























109.94
Identity fraud













Identity fraud against an elderly person or disabled adult











Identity theft passport
Fifth degree felony unless:  1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the fourth degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the third degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the second degree.
Fifth degree felony unless:  1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the third degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the second degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the first degree.
Up Oklahoma 21§1533.1



22-19b
Identity theft



Identity theft passport
Felony offense punishable by imprisonment for a period not to exceed two years, or a fine not to exceed $100,000, or by both such fine and imprisonment
Up Oregon 165.800 Identity theft Class C felony
Up Pennsylvania 18 Pa.C.S.A. §4120 Identity theft If the total value involved is less than $2,000, the offense is a misdemeanor of the first degree.
If the total value involved is $2,000 or more, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy, as defined in section 903, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is a third or subsequent offense, the offense is a felony of the second degree
Up Rhode Island 11-49.1-1 to 11-49.1-5 Impersonation and Identity Fraud Act First offense punishable by imprisonment for not more than three years and may be fined not more than $5,000, or both.
Second offense punishable by imprisonment for not less than three years nor more than five years and shall be fined not more than $10,000, or both.
Subsequent offense punishable by imprisonment for not less than five years nor more than 10 years and shall be fined not less than $15,000, or both.
Up South Carolina 16-13-500 to 16-13-530 Personal Financial Security Act Felony; must be fined in the discretion of the court or imprisoned not more than 10 years, or both
Up South Dakota 22-40-1 et seq. Identity theft Class 6 felony
Up Tennessee 39-14-150

39-16-303
Identity theft
Identity theft trafficking
Using a false identification
Class D felony
Class C felony
Class C misdemeanor
Up Texas Penal Code 32.51

Business & Commerce Code 48.001 et seq.
Fraudulent Use or Possession of Identifying Information
Identity Theft Enforcement and Protection Act
State jail felony
Up Utah 76-6-1101 to
76-6-1104
Identity fraud





Unlawful possession of another's identification documents
Third degree felony if the value of the credit, goods, services, or any other thing of value is less than $5,000
Second degree felony if the value of the credit, goods, services, or any other thing of value is or exceeds $5,000
Class A misdemeanor or third degree felony
Up Vermont 13 § 2030 Identity theft A person who violates this section shall be imprisoned for not more than three years or fined not more $5,000, or both. A person who is convicted of a second or subsequent violation of this section involving a separate scheme shall be imprisoned for not more than ten years or fined not more than $10,000, or both. 
Up Virginia 18.2-152.5:1





18.2-186.3


















18.2-186.3:1

18.2-186.5
Using a computer to gather identifying information; penalties




Identity theft; penalty; restitution; victim assistance
















Identity fraud; consumer reporting agencies; police reports
Expungement of false identity information from police and court records; Identity Theft Passport
Any person who violates this section is guilty of a Class 6 felony.  Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony.  Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony.
Class 1 misdemeanor
Any violation resulting in financial loss of greater than $200 shall be punishable as a Class 6 felony.
Any second or subsequent conviction shall be punishable as a Class 6 felony.
Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 6 felony. Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony.
Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 6 felony.
Up Washington 9.35.001 to 9.35-902 Improperly obtaining financial information
Identity theft
Class C felony

Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of $1,500 in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony.
Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than $1,500 in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony.
Up West Virginia 61-3-54 Taking identity of another person; penalty Felony; punished by confinement in the penitentiary not more than five years, or fined not more than $1,000, or both
Up Wisconsin 943.201 Misappropriation of personal identifying information or personal identification documents Class H felony
Up Wyoming 6-3-901 Unauthorized use of personal identifying information; penalties; restitution A misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750, or both, if no economic benefit was gained or was attempted to be gained, or if an economic benefit of less than $1,000 was gained or was attempted to be gained
A felony punishable by imprisonment for not more than 10 years, a fine of not more than $10,000, or both, if an economic benefit of $500.00 or more was gained or was attempted to be gained
 

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