Identity Theft and Fraud Laws by State (2026)
How each state charges fraud and identity theft and the maximum penalties, from each state criminal code.
| State | Fraud and identity theft |
|---|---|
| Alabama | Identity theft (using someone's identifying information without permission, with intent to defraud, to access their finances, get goods, services, ID documents or a job) is always a felony in Alabama: a Class B felony, punishable by 2 to 20 years. Trafficking in stolen identities is also a Class B felony; possessing ID documents of one person five times, or identifying information of five or more people, creates an inference of intent to traffic. Prosecution must begin within seven years. Illegal possession or fraudulent use of a credit or debit card (stolen, cancelled or unauthorized) is a Class D felony (1 year and 1 day to 5 years), and theft of a credit or debit card is third-degree theft, a Class D felony. Ala. Code §§ 13A-8-192, 13A-8-193, 13A-9-14, 13A-8-4.1(c) |
| Alaska | Alaska charges identity theft as criminal impersonation. Possessing another person's access device (such as a credit card) or identification document and, without authorization, using it to get a false ID, open a bank account, obtain an access device or obtain property or services, while recklessly damaging that person's financial reputation, is criminal impersonation in the first degree, a Class B felony (up to 10 years, up to $100,000). Assuming a false identity or pretending to represent someone to defraud or obtain a benefit is criminal impersonation in the second degree, a Class A misdemeanor (up to one year, up to $25,000). Fraudulent use of a stolen, forged, revoked or unauthorized credit card or ID is a Class A misdemeanor under $75, a Class C felony from $75 to $24,999 and a Class B felony at $25,000 or more; obtaining an access device or ID by fraud is a Class C felony. AS 11.46.565, 11.46.570, 11.46.285, 11.46.290; AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Taking the identity of another person or entity (knowingly taking, buying, making, possessing or using someone's identifying information without consent for any unlawful purpose, to cause loss, or to get or keep a job) is a class 4 felony, whether or not the victim actually loses money. It becomes aggravated, a class 3 felony, if it involves three or more victims, causes a loss of $1,000 or more, or is done to obtain employment. Fraudulent use of a credit card is a class 1 misdemeanor, a class 6 felony if $250 to under $1,000 is obtained or attempted in a six-month period, and a class 5 felony if $1,000 or more. A.R.S. §§ 13-2008, 13-2009, 13-2105 |
| Arkansas | Identity theft is called identity fraud in Arkansas (§ 5-37-227). Financial identity fraud (for example, using another's identifying information to obtain records or submit them to a financial institution, using a card skimmer, or transferring someone's financial information) is a Class C felony (3 to 10 years), or a Class B felony (5 to 20 years) if the victim is elderly or disabled. Nonfinancial identity fraud is a Class D felony, or Class C if the victim is elderly or disabled. Fraudulent use of a credit or debit card is graded by the value obtained in any six-month period: $1,000 or less is a Class A misdemeanor (up to 1 year); more than $1,000 up to $5,000 a Class D felony; more than $5,000 but less than $25,000 a Class C felony; and $25,000 or more a Class B felony. Ark. Code §§ 5-37-227, 5-37-207(b); 5-4-401; 5-4-201 |
| California | Identity theft (Penal Code § 530.5(a)) is willfully obtaining someone else's personal identifying information and using it for an unlawful purpose (such as obtaining credit, goods, services, real property or medical information) without their consent; no one has to actually lose money. It can be charged as a misdemeanor or felony: up to 1 year in county jail and/or a fine, or 16 months, 2 or 3 years under Penal Code § 1170(h). Acquiring or keeping someone's identifying information with intent to defraud is a misdemeanor (up to 1 year in county jail and/or a fine), but it can be charged as a felony (16 months, 2 or 3 years) after a prior conviction under this section or when the information of 10 or more people is involved. Selling or transferring someone's identifying information with intent to defraud can also be charged either way. Misuse of access (credit) cards is covered by Penal Code §§ 484e-484g. Cal. Pen. Code §§ 530.5(a), (c), (d), 484e-484g; CALCRIM No. 2040 |
| Colorado | Identity theft by knowingly using another person's identifying information or financial device without permission to obtain money, credit, property or services, or by forging an instrument or financial device containing that information, is a class 4 felony (2 to 6 years). Possessing another's information or device intending to use it, or using it to apply for credit or a government document, is a class 2 misdemeanor, but a class 5 felony if it involves three or more devices or three or more people's information. Criminal possession of a lost or stolen financial device (such as a credit card) is a class 2 misdemeanor, or a class 5 felony for three or more devices issued to at least two account holders. C.R.S. §§ 18-5-902, 18-5-903 |
| Connecticut | Identity theft (knowingly using another person's identifying information to obtain money, credit, goods, services, property or medical information without consent) is always a felony in Connecticut. The base offense is identity theft in the third degree, a Class D felony (up to five years). It is second degree, a Class C felony, if the value obtained exceeds $5,000 or the victim is 60 or older, and first degree, a Class B felony, if the value exceeds $10,000 (or $5,000 when the victim is 60 or older). Credit or debit card misuse is charged under the payment card statutes: illegal use of a payment card is a Class A misdemeanor if the value obtained is $500 or less in any six-month period, and a Class D felony if it exceeds $500. Conn. Gen. Stat. §§ 53a-129a to 53a-129d, 53a-128d, 53a-128i; Conn. Gen. Stat. §§ 53a-35a, 53a-36, 53a-41, 53a-42 |
| Delaware | Identity theft, knowingly or recklessly obtaining, using, selling or transferring another person's identifying information without consent to commit or help commit a crime, is a class D felony in Delaware (up to 8 years). Credit or debit card fraud is charged as unlawful use of a payment card: a class A misdemeanor if the value obtained or sought is under $1,500, and a class G felony at $1,500 or more; when the victim is 62 or older, it is at least a class G felony. 11 Del. C. §§ 854, 903; 11 Del. C. §§ 4205, 4206 |
| District of Columbia | Identity theft in D.C. includes knowingly using someone's personal identifying information without consent to get property fraudulently, collecting it to do so or to pass it on, or using it to identify yourself at arrest or to hide a crime. It is first-degree (up to 10 years, and a fine up to twice the value obtained or the financial injury if greater) when the property or loss is $1,000 or more, and second-degree (up to 180 days) when it has some value or someone else is falsely accused or arrested because of it. Credit card fraud (using another's card or number without consent, a revoked or altered card, or an employer card for personal purposes) is punishable by up to 180 days, or up to 10 years if the value is $1,000 or more. D.C. Code §§ 22-3227.02, 22-3227.03, 22-3223 |
| Florida | Florida calls identity theft criminal use of personal identification information. Willfully and fraudulently using another person's identifying information without consent (or possessing it with intent to do so) is a third-degree felony (up to 5 years). It is a second-degree felony with a 3-year mandatory minimum if the amount involved is $5,000 or more or 10 to 19 victims are involved, and a first-degree felony if the amount is $50,000 or more or 20 to 29 victims are involved, with longer mandatory minimums. Fraudulent use of a credit card is a first-degree misdemeanor if used two or fewer times in 6 months and under $100, and a third-degree felony if used more than twice or for $100 or more in 6 months. Fla. Stat. §§ 817.568(2), 817.61, 817.67; Fla. Stat. §§ 775.082, 775.083 |
| Georgia | Identity fraud is willfully and fraudulently using or possessing another person's identifying information without authorization or consent, creating fictitious identifying information to commit a crime or fraud, or knowingly accepting fraudulent identifying information. It is a felony: 'imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00,' or both, for a first offense, and three to 15 years, a fine of up to $250,000.00, or both, for a second or later offense. Financial transaction (credit/debit) card fraud is graded by value: when the total does not exceed $100.00 in a six-month period, the penalty is a fine of not more than $1,000.00 or one to two years, or both; above $100.00, it is a felony with a fine of up to $5,000.00, one to three years, or both. O.C.G.A. §§ 16-9-121; 16-9-126(a); 16-9-33(c); 16-9-38 |
| Hawaii | Identity theft in Hawaii is transmitting another person's personal information (orally, in writing or electronically) with intent to commit theft or another crime, and it is always a felony. It is a class C felony (up to 5 years) when the intent is third- or fourth-degree theft, a class B felony (up to 10 years) when the intent is second-degree theft, and a class A felony (20 years) when the intent is first-degree theft or facilitating serious crimes such as murder, kidnapping or extortion. Fraudulent use of a credit card (or card number) is a class C felony if more than $300 is obtained or attempted in any six-month period, and a misdemeanor if $300 or less. HRS §§ 708-839.6, 708-839.7, 708-839.8, 708-8100; HRS §§ 706-660, 706-663, 706-640 |
| Idaho | Identity theft is called misappropriation of personal identifying information in Idaho: obtaining or recording another person's identifying information without permission, intending to use it to get credit, money, goods or services without that person's consent. It is always a felony, punishable by a fine up to $50,000, up to five (5) years in state prison, or both. Fraudulent use of a credit or debit card (a "financial transaction card") is a misdemeanor (up to $1,000 and/or one (1) year in county jail) unless the retail value of goods obtained or attempted exceeds $300, which makes it a felony with the same five-year/$50,000 maximum. Criminal possession of a card or card number is a felony, and stealing a card or card number is grand theft. Idaho Code §§ 18-3126, 18-3124, 18-3125, 18-3128, 18-2407(1)(b)3. |
| Illinois | Identity theft is knowingly using another person's identifying information or documents to fraudulently get credit, money, goods, services or property, or obtaining, possessing, selling or using such information to commit a felony or knowing it was stolen. It is always a felony: using someone's identity to obtain property not exceeding $300 is a Class 4 felony, over $300 up to $2,000 a Class 3 felony, over $2,000 up to $10,000 a Class 2 felony, over $10,000 up to $100,000 a Class 1 felony, and over $100,000 a Class X felony; most other forms are Class 3 felonies, with higher grades for repeat offenses, active-duty military victims, and three or more victims within 12 months. Aggravated identity theft applies when the victim is 60 or older or has a disability. Using a stolen, forged, expired or revoked credit or debit card with intent to defraud is a Class 4 felony if the value obtained or sought does not exceed $300 in any 6-month period, and a Class 3 felony above that. 720 ILCS 5/16-30(a), (b), (e)(1); 720 ILCS 5/17-36 |
| Indiana | Identity theft is called identity deception in Indiana: with intent to harm or defraud another person, knowingly or intentionally obtaining, possessing, transferring or using someone's identifying information to pretend to be that person. It is a Level 6 felony, and a Level 5 felony if it involves the information of more than 100 people, causes fraud or harm worth at least $50,000, or uses the information of the offender's own minor child, dependent or ward. It is no defense that no one was actually harmed. Credit card and other financial fraud is generally charged under the fraud statute, a Class A misdemeanor that becomes a Level 6 felony when, for example, the loss is at least $750 but less than $50,000, the victim is an endangered adult or a minor, or the person has a recent prior fraud-type conviction. Ind. Code §§ 35-43-5-3.5, 35-43-5-4(a)-(b) (IPAC compilation, Indiana Code 2022) |
| Iowa | Identity theft is fraudulently using, or trying to use, another person's identifying information (such as name, Social Security number, account or credit card numbers) to obtain credit, property, services or another benefit. It is an aggravated misdemeanor if the value is $1,500 or less, a class "D" felony if over $1,500 up to $10,000, and a class "C" felony if over $10,000. Using a credit card knowing it is stolen, forged, revoked or otherwise unauthorized is graded by the same value tiers: aggravated misdemeanor at $1,500 or less, class "D" felony over $1,500 to $10,000, and class "C" felony over $10,000. Iowa Code §§ 715A.8(2)-(3), 715A.6 (Iowa Code 2026) |
| Kansas | Identity theft is obtaining, possessing, transferring, using, selling or buying another person's personal identifying information (such as name, Social Security number, account or card numbers, or passwords) with intent to defraud to receive a benefit, or to misrepresent that person so as to subject them to economic or bodily harm. It is a severity level 8, nonperson felony, or a severity level 5, nonperson felony if the victims' monetary loss is more than $100,000; identity fraud (false information to get an ID document, or counterfeiting such documents) is also severity level 8. Using a credit or debit card without consent, or a revoked or fake card, with intent to defraud is criminal use of a financial card: a class A nonperson misdemeanor if less than $1,000 is obtained within any seven-day period, a severity level 9 felony from $1,000 to less than $25,000, and severity level 7 at $25,000 or more. K.S.A. 21-6107, 21-5828 |
| Kentucky | Theft of identity is knowingly possessing or using another person's identifying information (such as name, Social Security number, birth date or account PIN) to pose as that person in order to take their property, obtain benefits or property, make financial or credit transactions, avoid detection, or gain a commercial or political benefit. It is a Class D felony (1 to 5 years). Credit or debit card fraud is charged separately: fraudulently using a stolen, forged, expired or revoked card is a Class B misdemeanor unless the value obtained over six months is $500 to under $1,000 (Class A misdemeanor) or $1,000 to under $10,000 (Class D felony). KRS 514.160, 434.650(1) |
| Louisiana | Identity theft is intentionally using, possessing or transferring another person's identifying information (such as a Social Security, driver's license, bank or credit card number) with fraudulent intent to obtain credit, money, goods or services without consent. It is graded by value: less than $300, up to six months and $500; $300 to under $500, up to three years and $3,000; $500 to under $1,000, up to five years and $5,000; and $1,000 or more, up to ten years and $10,000. Minimum prison terms apply when the victim is sixty or older, a person with a disability, or under seventeen, and a third or later conviction carries up to ten years and $20,000. Credit and debit card fraud is charged as access device fraud, graded by value from up to six months and $500 (under $1,000) to up to twenty years at hard labor and $50,000 ($25,000 or more); knowingly possessing fifteen or more counterfeit or misappropriated access devices with intent to defraud is also a crime. La. R.S. 14:67.16(B), (C), (D); R.S. 14:70.4(A)-(D), (F) |
| Maine | Identity and credit card misuse is charged as misuse of identification: to obtain confidential information, property or services, intentionally or knowingly presenting or using a stolen, forged, canceled or fraudulently obtained credit or debit card; an account, credit or billing number one is not authorized to use; or another person's legal identification (such as a Social Security number, driver's license or birth certificate) without authorization. Misuse of identification is a Class D crime (less than one year in jail and a fine up to $2,000). Good-faith belief in authorization is an affirmative defense. 17-A M.R.S. §§ 905-A, 1604(1), 1704 |
| Maryland | Identity fraud is knowingly, willfully and with fraudulent intent possessing or obtaining another person's personal identifying information without consent in order to get a benefit, credit, goods, services or health care, or assuming another person's identity. It is graded by value: $100 to under $1,500 is a misdemeanor (up to 1 year, $500); $1,500 to under $25,000 is a felony (up to 5 years, $10,000); $25,000 to under $100,000 a felony (up to 10 years, $15,000); and $100,000 or more a felony (up to 20 years, $25,000). Doing it with intent to manufacture or distribute others' identifying information is a felony (up to 10 years, $25,000). Credit card fraud (using a stolen or counterfeit card, or falsely claiming to be a cardholder) is graded the same way, with under $100 a misdemeanor punishable by up to 90 days and $500. Md. Code, Crim. Law §§ 8-301(b), (c), (g); 8-206 |
| Massachusetts | Identity fraud is, with intent to defraud, posing as another person without authorization and using their personal identifying information (such as name, Social Security number, driver's license, bank or credit card number, or password) to obtain money, credit, goods, services or identification, or to harass; obtaining another's identifying information to pose as them or help someone else do so is also identity fraud. It is punishable by a fine of not more than $5,000, up to two and one-half years in a house of correction, or both. Credit card fraud, such as using a stolen, forged, expired or revoked credit card to obtain more than $1,200 in money or goods, or making counterfeit cards, is punishable by a fine of not more than $10,000, up to two and one-half years in a jail or house of correction, or up to five years in state prison (a felony), or both. M.G.L. c. 266, §§ 37E(b), (c); 37C |
| Michigan | Identity theft is using or attempting to use another person's personal identifying information, with intent to defraud or by concealing one's own identity, to obtain credit, goods, services, money, property, records or employment, or to commit another unlawful act. It is a felony punishable by up to 5 years and a fine of up to $25,000; a second violation carries up to 10 years and $50,000, and a third or later up to 15 years and $75,000. Stealing, knowingly possessing or using a credit or debit card (a 'financial transaction device') without the cardholder's consent, or possessing a fraudulent or altered card, is a felony. MCL 445.65; MCL 445.69(1); MCL 750.157n |
| Minnesota | Identity theft is transferring, possessing or using an identity that is not one's own with intent to commit, aid or abet any unlawful activity. Penalties are tied to the theft penalties by loss and number of victims: one victim and $250 or less, up to 90 days and $1,000; more than $250 up to $500, up to 364 days and $3,000; two or three victims or more than $500 up to $2,500, up to five years and $10,000; four to seven victims or more than $2,500, up to ten years and $20,000; and eight or more victims or more than $35,000, up to 20 years and $100,000. Financial transaction (credit or debit) card fraud is graded similarly: $250 or less, up to 364 days and $3,000; more than $250 up to $2,500, up to five years; more than $2,500, up to ten years; more than $35,000, up to 20 years. Minn. Stat. §§ 609.527, subds. 2, 3; 609.52, subd. 3; 609.821, subd. 3 |
| Mississippi | Obtaining or trying to obtain another person's identifying information, without authorization, to use it unlawfully (for credit, goods, employment, medical records or any illegal act) is a felony punished by two to fifteen years and/or up to $10,000; if the amount involved is less than $250, the court may treat it as a misdemeanor with up to six months and/or $1,000 (§ 97-45-19(2)). Credit card fraud: a first offense obtaining less than $100 is punished by up to $1,000 and/or one year in county jail; a second offense under $100, or any offense of $100 or more, is a felony with a fine of $100 to $1,000 and/or up to three years (§ 97-19-21(3)). Miss. Code Ann. §§ 97-45-19, 97-19-21 |
| Missouri | Identity theft is knowingly obtaining, possessing, transferring or using someone else's means of identification with intent to deceive or defraud. It is a class B misdemeanor; a class A misdemeanor if it results in theft of up to $750; a class D felony if over $750 up to $25,000; a class C felony if over $25,000 up to $75,000; and a class B felony if over $75,000. A repeat identity theft involving $750 or less is a class E felony, and victims may sue for up to $5,000 per incident or triple damages (§ 570.223). Credit or debit card fraud (using a stolen, forged, revoked or otherwise unauthorized card) is a class A misdemeanor, or a class E felony if $750 or more is obtained or sought within 30 days (§ 570.130). RSMo §§ 570.223, 570.130; §§ 558.002, 558.011 |
| Montana | Theft of identity is purposely or knowingly obtaining another person's identifying information and using it for any unlawful purpose. If no economic benefit or less than $1,500 was gained or attempted, the penalty is a fine up to $1,500, up to 6 months in county jail, or both (up to $3,000 and 1 year if the victim is a minor, incapacitated person or vulnerable adult); if $1,500 or more, it is a felony with up to $10,000 and 10 years in state prison (up to $20,000 and 20 years for those victims) (§ 45-6-332). Credit card fraud (using another's card without consent, or a revoked, counterfeit, fictitious or expired card) is charged as deceptive practices: up to $1,500 and 6 months, or up to $50,000 and 10 years if part of a common scheme or over $1,500 (§ 45-6-317). MCA §§ 45-6-332, 45-6-317 |
| Nebraska | Identity theft is knowingly taking, possessing or using another person's or entity's identifying information without consent (or creating a fictional identity) to use it unlawfully, cause loss, get or keep a job, or gain money. It is a Class II misdemeanor if nothing or less than $500 was gained or sought; a Class I misdemeanor for $500 to under $1,500; a Class IV felony for $1,500 to under $5,000; and a Class IIA felony for $5,000 or more, with repeat convictions graded higher (§ 28-639). Unauthorized use of a credit or debit card or other financial transaction device is graded by the value obtained within six months: Class II misdemeanor under $500, Class I misdemeanor $500 to under $1,500, Class IV felony $1,500 to under $5,000, and Class IIA felony $5,000 or more (§ 28-620). Neb. Rev. Stat. §§ 28-639, 28-620; §§ 28-105, 28-106 |
| Nevada | Knowingly obtaining someone's personal identifying information and using it to harm or impersonate the person or for any unlawful purpose, such as obtaining credit, goods or services in the person's name, is a category B felony punishable by 1 to 20 years in prison and a fine up to $100,000; using it to avoid prosecution is a category C felony. The minimum rises to 3 years if the victim is an older or vulnerable person, five or more victims are involved, or the loss is $3,000 or more (NRS 205.463). Fraudulent use of someone else's credit or debit card, or of a forged, expired or revoked card, is a category D felony; misuse of one's own revoked card or overdrawn account is a category D felony at $100 or more in 6 months and a misdemeanor below $100 (NRS 205.760). NRS 205.463, 205.760; NRS 193.130 |
| New Hampshire | Identity fraud (posing as another person to obtain money, credit, goods or services; obtaining or recording someone's identifying information without authorization to pose as that person or help another do so; or posing as someone to get confidential information) is a class A felony, punishable by up to 15 years, plus mandatory restitution. A version effective January 1, 2027 extends it to entities and to 'using' identifying information (RSA 638:26). Fraudulent use of a stolen, revoked or otherwise unauthorized credit card is a misdemeanor, a class B felony if more than $1,000 but not more than $1,500 is obtained, and a class A felony if more than $1,500 (or for certain repeat offenses within 12 months) (RSA 638:5). RSA 638:26, 638:5; RSA 651:2 |
| New Jersey | Identity theft is called 'impersonation; theft of identity' — impersonating someone or using another person's personal identifying information without authorization to obtain a benefit or services, avoid a debt, or avoid prosecution. It is a crime of the fourth degree if the benefit is under $500 and one victim is involved (third degree for a second or subsequent conviction); third degree if the benefit is $500 to under $75,000 or there are two to four victims; and second degree at $75,000 or more or five or more victims. Credit card fraud is a separate offense: knowingly using a counterfeit, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services is a crime of the third degree, and several related acts (such as taking or buying a card without consent) are crimes of the fourth degree. N.J.S. 2C:21-17; N.J.S. 2C:21-6 |
| New Mexico | Credit card fraud in New Mexico includes fraudulently using a credit card by representing that you are the cardholder or are authorized by the cardholder, with intent to deceive or cheat (NMSA 1978, § 30-16-25 defines the terms). The Supreme Court's jury instruction says the value of goods or services obtained is charged in brackets of 'over $250,' 'over $500,' 'over $2,500,' or 'over $20,000,' and that $250 or less is a petty misdemeanor. Theft of a credit card and possession of incomplete credit cards are separate offenses with their own instructions. UJI 14-1691, 14-1680, 14-1695 NMRA; NMSA 1978, § 30-16-25 |
| New York | Identity theft is knowingly and with intent to defraud assuming another person's identity (by presenting as them, acting as them, or using their personal identifying information) and thereby obtaining goods, money, property, services or credit, causing financial loss, or committing a class A misdemeanor or higher crime. Identity theft in the third degree is a class A misdemeanor (up to 364 days in jail and a fine up to $1,000). It is a class E felony (second degree) if the amount obtained or the loss caused exceeds $500, it is done to commit a felony, or the person has a qualifying conviction in the past five years; and a class D felony (first degree) if the amount or loss exceeds $2,000, it is done to commit a class D or higher felony, or the person commits second-degree identity theft after a listed conviction (such as identity theft or grand larceny) within the previous five years. N.Y. Penal Law §§ 190.78, 190.79, 190.80 |
| North Carolina | Identity theft — knowingly obtaining, possessing or using another person's identifying information (Social Security, license, account, card or PIN numbers, passwords, biometric data and the like) with intent to fraudulently pose as that person to make financial or credit transactions, obtain anything of value, or avoid legal consequences — is a Class G felony. It is a Class F felony if the victim is arrested, detained or convicted as a result, or the offender possesses identifying information of three or more people. Restitution may be ordered and court records corrected for the victim. Felony prison terms depend on the class and the person's prior record level under structured sentencing (G.S. 15A-1340.17). N.C. Gen. Stat. §§ 14-113.20, 14-113.22 |
| North Dakota | Identity theft is 'unauthorized use of personal identifying information' — obtaining, transferring or using another person's name, Social Security number, account or card numbers, passwords, biometric data or similar information without consent to obtain credit, money, goods, services or anything of value. It is a class B felony (up to ten years, a $20,000 fine, or both) if the value obtained exceeds $1,000, otherwise a class C felony (up to five years, a $10,000 fine, or both); a second or subsequent offense is a class A felony (up to twenty years, a $20,000 fine, or both). Stealing a credit or debit card or other access device is itself at least a class C felony theft. N.D.C.C. §§ 12.1-23-11, 12.1-23-05(3)(j); N.D.C.C. § 12.1-32-01 |
| Ohio | Identity theft is called identity fraud in Ohio: using, obtaining or possessing another person's personal identifying information without consent to hold oneself out as that person or represent the information as one's own. It is a felony of the fifth degree (six to twelve months, fine up to $2,500) in general; a felony of the fourth degree (six to eighteen months, fine up to $5,000) if $1,000 to under $7,500 is involved; a felony of the third degree (a definite term of nine to thirty-six months, fine up to $10,000) for $7,500 to under $150,000; and a felony of the second degree for $150,000 or more. Higher grades apply when the victim is elderly, a disabled adult, an active-duty service member, or the spouse of one. R.C. 2913.49; R.C. 2929.14, 2929.18, 2929.24, 2929.28 |
| Oklahoma | Identity theft in Oklahoma is fraudulently obtaining or using another person's identifying information (name, Social Security number, account numbers, driver license number and the like) to get money, credit, goods or services, or altering someone's information to take control of their credit or accounts. It is a Class D1 felony, punishable by up to five (5) years in prison, a fine up to One Hundred Thousand Dollars ($100,000.00), or both; lending your own identity so someone else can get identity documents is a misdemeanor. Credit or debit card fraud is separate: using a card that is stolen, revoked, forged or not issued to you is a misdemeanor if $500.00 or less (up to thirty (30) days) and a misdemeanor with up to one (1) year if more than $500.00 under one statute, while card theft and using a forged or revoked card with intent to defraud are Class D1 felonies. 21 O.S. §§ 1533.1(A)-(E), 1550.2, 1550.22, 1550.29, 1550.33(A), 20N(B) |
| Oregon | Identity theft in Oregon is obtaining, possessing, transferring, creating, uttering or using another person's personal identification with intent to deceive or defraud. It is a Class C felony (up to 5 years). It becomes aggravated identity theft, a Class B felony (up to 10 years), with 10 or more incidents in 180 days, losses of $10,000 or more in 180 days, possession of identification from 10 or more people, or a prior aggravated identity theft conviction. Fraudulent use of a credit card (stolen, forged, revoked or otherwise unauthorized) is a Class A misdemeanor if under $1,000 and a Class C felony if $1,000 or more. ORS 165.800, 165.803, 165.055; 161.605, 161.615 |
| Pennsylvania | Identity theft in Pennsylvania is possessing or using another person's identifying information without consent to further any unlawful purpose. It is a misdemeanor of the first degree if the total value involved is under $2,000 and a felony of the third degree if $2,000 or more or if committed as part of a criminal conspiracy; a third or subsequent offense is a felony of the second degree. The grade goes up one step if the victim is 60 or older, a care-dependent person, or under 18. Using a stolen, counterfeit or unauthorized credit or debit card (access device fraud) is a misdemeanor of the second degree under $50, a misdemeanor of the first degree from $50 to under $500, and a felony of the third degree at $500 or more. 18 Pa.C.S. §§ 4120(a)-(c), 4106(c); §§ 1103, 1104 |
| Rhode Island | Rhode Island calls identity theft identity fraud. Knowingly using or transferring another person's means of identification or financial information, without lawful authority and with intent to defraud, to commit any unlawful activity (or making, transferring or possessing false identification documents) is a felony. A first conviction carries up to three (3) years and/or a fine up to $5,000; a second, three (3) to five (5) years and/or up to $10,000; a third or later, five (5) to ten (10) years and a fine of at least $15,000. Fraudulent use of a stolen, forged, expired or revoked credit or debit card is punishable by up to one year and/or $1,000 if no more than $100 is obtained in six months, and up to three (3) years and/or $3,000 if more. R.I. Gen. Laws §§ 11-49.1-3, 11-49.1-4, 11-49-4, 11-49-10 |
| South Carolina | South Carolina's financial identity fraud law covers obtaining someone's identifying information, or using it to access their financial resources, without permission and with intent to take their money, defraud, or get money, property or services by false pretenses. Using another person's identifying information to get a job or avoid identification by police or other agencies is identity fraud. Both are felonies punishable by a fine in the court's discretion, up to ten years in prison, or both, and the court may order restitution. Financial transaction card (credit or debit card) fraud is a misdemeanor (up to one thousand dollars and/or one year) if the value is five hundred dollars or less in a six-month period, and a felony (fine of three to five thousand dollars and/or up to five years) if more. S.C. Code §§ 16-13-510(A)-(C), (F); 16-14-60 |
| South Dakota | Identity theft in South Dakota is obtaining, possessing, transferring, using, or recording someone else's identifying information, or using it to access their financial resources, without permission and with intent to deceive or defraud. It is a Class 6 felony (up to two years in prison or a $4,000 fine, or both). Using a credit or debit card issued to someone else without consent, or a revoked, expired, or counterfeit card, to obtain property or services is charged as theft and graded by the value obtained. SDCL 22-40-8, 22-30A-8.1, 22-6-1 |
| Tennessee | Identity theft is knowingly obtaining, possessing, buying or using another person's personal identifying information, without consent or lawful authority, with intent to commit any unlawful act (such as getting credit, goods, services or medical information in that person's name). It is a Class D felony (2 to 12 years), and identity theft trafficking is a Class C felony (3 to 15 years). Fraudulent use of a credit or debit card (for example, a stolen, forged, revoked or expired card) is punished as theft according to the value obtained, and illegal possession or fraudulent use where nothing is actually obtained is a Class A misdemeanor. Tenn. Code Ann. §§ 39-14-150; 39-14-118; 40-35-111 |
| Texas | Identity theft is called fraudulent use or possession of identifying information: obtaining, possessing, transferring or using another person's identifying information without consent (or a deceased person's, or a child's) with intent to harm or defraud. It is always a felony, graded by the number of items: fewer than five, state jail felony; five to under 10, third degree; 10 to under 50, second degree; 50 or more, first degree. Credit card or debit card abuse (such as using a card without the owner's consent) is a state jail felony, or a third-degree felony if committed against an elderly person. Tex. Penal Code §§ 32.51(b), (c); 32.31(d); 12.32-12.35 |
| Utah | Identity theft is called identity fraud: knowingly using, or trying to use, another person's personal identifying information (living or dead) with fraudulent intent, such as to get credit, goods, services, a job or medical information. It is always a felony: third degree if the value obtained is under $5,000, and second degree if it is $5,000 or more or if the misuse causes bodily injury to someone. Unlawful use of a credit or debit card is graded by value: under $500 class B misdemeanor; $500 to under $1,500 class A misdemeanor; $1,500 to under $5,000 third degree felony; $5,000 or more second degree felony. Utah Code §§ 76-6-1102(2)-(3); 76-6-506.2(2)-(3) |
| Vermont | Identity theft means obtaining, possessing, using or transferring another person's personal identifying information (such as name, Social Security number, account or card numbers, or passwords) with intent to use it to commit a crime, or knowingly or recklessly helping a third person do so without the person's consent. It is a felony punishable by up to three years in prison and/or a $5,000 fine; a second or later conviction involving a separate scheme carries up to 10 years and/or $10,000. 13 V.S.A. § 2030 |
| Virginia | Identity theft, using or obtaining someone's identifying information (such as name, Social Security number, account or card numbers, PINs or passwords) without permission with intent to defraud, is a Class 1 misdemeanor. It becomes a Class 6 felony if it causes a financial loss of $1,000 or more or it is a second or later conviction, and stealing information to sell it is a Class 5 felony for five or more victims and a Class 4 felony for 50 or more. Credit card or gift card fraud is a Class 1 misdemeanor under $1,000 in any six-month period and a Class 6 felony at $1,000 or more; restitution is ordered for identity theft victims. Va. Code §§ 18.2-186.3(A)-(E); 18.2-195(D)-(E) |
| Washington | Identity theft is knowingly obtaining, possessing, using or transferring another person's (living or dead) means of identification or financial information with intent to commit any crime. It is identity theft in the first degree, a class B felony (up to 10 years), if the person obtains more than $1,500 in credit, money, goods or services or knowingly targets a senior or vulnerable individual; otherwise it is identity theft in the second degree, a class C felony (up to 5 years). RCW 9.35.020(1)-(3); 9A.20.021 |
| West Virginia | Identity theft, called taking the identity of another person, is knowingly using another person's name, birth date, Social Security number or other identifying information without consent to fraudulently pose as that person to get credit, goods or services or employment. It is a felony punishable by up to five years in the penitentiary, a fine of up to $1,000, or both. Credit card fraud, meaning knowingly using a false, counterfeit, revoked or someone else's card to get credit, goods or services, is a felony when the value is $1,000 or more (one to ten years, or in the court's discretion up to one year in jail and a fine of up to $2,500) and a misdemeanor below that (up to one year in jail, a fine of up to $2,500, or both). Making or altering a credit card with intent to defraud is a felony, and knowingly possessing a counterfeit card is a misdemeanor. W. Va. Code §§ 61-3-54, 61-3-24a(b)-(f) |
| Wisconsin | Identity theft, called unauthorized use of an individual's personal identifying information or documents, is intentionally using, attempting to use, or possessing with intent to use someone's identifying information (such as name, Social Security number, account numbers or biometric data) or identification documents without consent, while pretending to be that person or to have the person's authorization, to get credit, money, goods, services, employment or anything of value, to avoid civil or criminal process, or to harm the person's reputation, property or estate. It is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both) and applies even if the person is deceased. Credit card fraud, called financial transaction card crimes, includes using a forged, expired, revoked or unlawfully obtained card, or pretending to be a cardholder, with intent to defraud: a Class A misdemeanor if the value does not exceed $2,500, a Class I felony above $2,500 up to $5,000, a Class H felony above $5,000 up to $10,000, and a Class G felony above $10,000 (aggregated over 6 months). Wis. Stat. §§ 943.201(2), 943.41(5), (8), 939.50(3) |
| Wyoming | Identity theft, called unauthorized use of personal identifying information (theft of identity), is willfully obtaining another person's identifying information (such as name with Social Security number, driver's license number, account or card numbers with access codes, online login credentials, or medical or biometric data) and using it for any unlawful purpose, such as getting credit, goods, services or medical information in that person's name without consent. It is a misdemeanor (up to six (6) months, up to $750.00, or both) if no economic benefit, or less than $1,000.00, was gained or attempted, and a felony (up to ten (10) years, up to $10,000.00, or both) if $1,000.00 or more. Credit card fraud, called unlawful use of a credit, charge or debit card, follows the same split: a misdemeanor under $1,000.00 and a felony (up to ten (10) years, up to $10,000.00, or both) when the value obtained within any 60-day period totals $1,000.00 or more. W.S. 6-3-901(a)-(c), 6-3-802 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.