Identity theft takes place when a person steals some form of identity that belongs to another person and uses it to commit an unlawful act. An example of stealing some one’s identity would be taking their social security number, tax identification number,or any other form of identity. I am observing more and more identity theft prosecutions in Federal Court. There is also something called Aggravated Identity Theft.
Aggravated Identity theft takes place when a person steals some form of identity and then commits another crime. The United States Code list the types of crime that make the offense Aggravated Identity Theft. Bank Fraud is one of those crimes. If a person commits bank fraud while stealing an other’s identity then they would be subject to prosecution as Aggravated Identity Theft. The punishment for Aggravated Identity theft is a mandatory two (2) year sentence that must run consecutive to any other sentence. So, if a person commits a bank fraud, wire or mail fraud and identity theft, it becomes Aggravated and after being sentenced for the first crime they have to do two (2) additional years.
Congress was serious about imposing a harsh sentence for identity theft. Identity theft and computer theft are more common now with the Internet. I suspect that identity theft and hacking are just going to her worse. If you have been charged with a crime call Coxwell & Associates for a free consultation.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.