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Identity Theft State Statutes

Identity theft occurs when someone uses another person's personally identifying information, like a person's name, Social Security number, or credit card number or other financial information, without permission, to commit fraud or other crimes.

This chart summarizes the identity theft criminal penalties, restitution and identity theft passport laws. Every state has a law regarding identity theft or impersonation. Twenty-nine states, Guam, Puerto Rico and the District of Columbia have specific restitution provisions for identity theft. Five states—Iowa, Kansas, Kentucky, Michigan and Tennessee—have forfeiture provisions for identity theft crimes. Eleven states—Arkansas, Delaware, Iowa, Maryland, Mississippi, Montana, Nevada, New Mexico, Ohio, Oklahoma and Virginia—have created identity theft passport programs to help victims from continuing identity theft.

Please type in a state in the box below to be taken directly to the state's statutory information.

State: Statutory Citation: Title: Criminal Penalties & Restitution Provisions:
Alabama Ala Code §13A-8-190 et seq. The Consumer Identity Protection Act Class B felony
Ala Code §13A-8-193 Trafficking in stolen identities Class B felony
Ala Code §13A-8-194 Obstructing justice using a false identity Class C felony
Ala Code §13A-8-195 Restitution Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropriated. Financial loss may include any costs incurred by the victim in correcting the credit history or credit rating of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligations resulting from the theft of the victim's identification documents or identifying information, including lost wages and attorney's fees. The court may order restitution for financial loss to any other person or entity that suffers a loss from the violation. Additionally, persons convicted of violation of this article shall be assessed an amount of $25 per day and medical expenses for time spent in county or municipal jails or in a state prison facility.
Ala. Code §31-13-14 Dealing in false identification documents; vital records identity fraud

Dealing in false identification documents is a Class C felony.

Vital records identity fraud is a Class C felony.
Alaska

Alaska Stat. §11.46.100 et seq.

§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
Alaska Stat. §11.46.565 Criminal impersonation in the first degree Class B felony
Alaska Stat. §11.46.570 Criminal impersonation in the second degree Class A misdemeanor
Arizona Ariz. Rev. Stat. Ann. §13-2008 Taking identity of another person or entity; knowingly accepting identity of another person Class 4 felony
Ariz. Rev. Stat. Ann. §13-2009 Aggravated taking identity of another person or entity Class 3 felony
Ariz. Rev. Stat. Ann. §13-2010 Trafficking in the identity of another person or entity Class 2 felony
Arkansas Ark. Stat. Ann. §5-37-227 Financial identity fraud & non-financial identity fraud

Financial identity fraud is a Class C felony

Financial identify fraud is a Class B felony if the victim is an elder person or a disabled person.

Non-financial identity fraud is a Class D felony.

Non-financial identity fraud is a Class C felony if the victim is an elder person or a disabled person.
Restitution

In addition to any penalty imposed under this section, upon conviction for financial identity fraud or non-financial identity fraud, a court may order the defendant to make restitution to any victim whose identifying information was appropriated or to the estate of the victim under §5-4-205. In addition to any other authorized restitution, the restitution order may include without limitation restitution for the following financial losses: (i) Any costs incurred by the victim in correcting the credit history or credit rating of the victim; and (ii) Any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identifying information, including lost wages and attorney's fees. The court also may order restitution for financial loss to any other person or entity that suffers a financial loss from a violation of subsection (a) or (b) of this section.

A judgment entered under this section and §5-4-205 does not bar a remedy available in a civil action to recover damages relating to financial identity fraud or non-financial identity fraud.
Ark. Stat. Ann. §5-37-228 Identity theft passport  
California Cal. Penal Code §368 Crimes Against Elders, Dependent Adults, and Persons with Disabilities (d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates §530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows: (1) By a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment pursuant to subdivision (h) of §1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. (2) By a fine not exceeding $1,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding $950.
(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates §530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: (1) By a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment pursuant to subdivision (h) of §1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. (2) By a fine not exceeding $1,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding $950.
Cal. Penal Code §530 Falsely Personating Another Punishable in the same manner and to the same extent as for larceny of the money or property so received.
Cal. Penal Code §530.5 to 530.8

Personal Information Trafficking and Mail Theft Prevention Act

§530.5(b)
Every person who willfully obtains personal identifying information, as defined in subdivision (b) of §530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
§530.5(c)(1) 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 therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or both a fine and imprisonment.
§530.5(c)(2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information of another person, and who has previously been convicted of a violation of this section upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
§530.5(c)(3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
§530.5(d)(1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.
§530.5(d)(2) Every person who, with actual knowledge that the personal identifying information, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in the state prison, or by both fine and imprisonment.
§530.5(e) Every person who commits mail theft, as defined in §1705 of Title 18 of the U.S. Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to subdivisions (a) to (c), inclusive, of this section.
Cal. Penal Code §1202.4 Restitution

(a) (3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following: (A) A restitution fine in accordance with subdivision (b). (B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.

(f) Except as provided in subdivisions (q) and (r), in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. The court may specify that funds confiscated at the time of the defendant's arrest, except for funds confiscated pursuant to §11469 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.

(f) (3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of the following: (L) Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in §530.5.
Colorado Colo. Rev. Stat. §18-5-113 Criminal impersonation Class 6 felony
Colo. Rev. Stat. §18-5-901 et seq. Identity theft

Class 4 felony

The court shall be required to sentence the defendant to the department of corrections for a term of at least the minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if: (a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and (b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.
Colo. Rev. Stat. §18-5-903 Criminal possession of a financial device

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.
Colo. Rev. Stat. §18-5-903.5 Criminal possession of an identification document

Criminal possession of one or more identification documents issued to the same person is a class 1 misdemeanor.

Criminal possession of two or more identification documents, of which at least two are issued to different persons, is a class 6 felony.
Colo. Rev. Stat. §18-5-904 Gathering identity information by deception Class 5 felony
Colo. Rev. Stat. §18-5-905 Possession of identity theft tools Class 5 felony
Colo. Rev. Stat. §18-1.3-603 Restitution (7) When a person's means of identification or financial information was used without that person's authorization in connection with a conviction for any crime in violation of part 2, 3, or 4 of article 4, part 1, 2, 3, or 7 of article 5, or article 5.5 of this title, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from any violation of such laws. In addition, the restitution order shall include any costs incurred by the victim related to §16-5-103, C.R.S.
Connecticut Conn. Gen. Stat. §53a-129a et seq.

Identity theft in the first degree

§53a-129b
Class B felony - A person is guilty of identity theft in the first degree when such person commits identity theft, as defined in §53a-129a, of another person and (1) such other person is under 60 years of age, and the value of the money, credit, goods, services or property obtained exceeds $10,000, or (2) such other person is 60 years of age or older, and the value of the money, credit, goods, services or property obtained exceeds $5,000.
Conn. Gen. Stat. §53a-129c Identity theft in the second degree Class C felony - A person is guilty of identity theft in the second degree when such person commits identity theft of another person and such other person is under 60 years of age, and the value of the money, credit, goods, services or property obtained exceeds $5,000, or such other person is 60 years of age or older.
Conn. Gen. Stat. §53a-129d Identity theft in the third degree Class D felony
Conn. Gen. Stat. §53a-129e Trafficking in personal identifying information Class D felony
Conn. Gen. Stat. §53a-130 Criminal impersonation Class A misdemeanor
Delaware Del. Code Ann. tit. 11, §828 Possession of burglar’s tools or instruments facilitating theft Class F felony
Del. Code Ann. tit. 11, §854 Identity Theft Class D felony
Restitution When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim
Del. Code Ann. tit. 11, §854a Identity theft passport; application; issuance  
Del. Code Ann. tit. 11, §907 Criminal impersonation Class A misdemeanor
Del. Code Ann. tit. 11, §1105 Crime Against a Vulnerable Adult

(1) If the underlying offense is an unclassified misdemeanor, or a class B misdemeanor, the Crime Against a Vulnerable Adult shall be a class A misdemeanor;

(2) If the underlying offense is a class A misdemeanor, the Crime Against a Vulnerable Adult shall be a class G felony;

(3) If the underlying offense is a class C, D, E, F, or G felony, the Crime Against a Vulnerable Adult shall be one class higher than the underlying offense.
District of Columbia

D.C. Code Ann. §22-3227.01 et seq.

D.C. Code Ann. §22-3227.03
Identity theft in the first degree Any person convicted of identity theft shall be fined not more than (1) $ 10,000, (2) twice the value of the property obtained or (3) twice the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury is the amount set forth in §22-3571.01 or more.
Identity theft in the second degree Any person convicted of identity theft shall be fined not more than the amount set forth in §22-3571.01 or imprisoned for not more than 180 days, or both, if the property obtained, or attempted to be obtained, or the amount of the financial injury, has some value, or if another person is falsely accused of, or arrested for, committing a crime because of the use, without permission, of that person's personal identifying information.
Enhanced penalty 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. It is an affirmative defense that the accused: (1) Reasonably believed that the victim was not 65 years of age or older at the time of the offense; or (2) Could not have determined the age of the victim because of the manner in which the offense was committed.
D.C. Code Ann. §22-3227.04 Restitution When a person is convicted of identity theft, the court may, in addition to any other applicable penalty, order restitution for the full amount of financial injury.
Florida Fla. Stat. §817.02 Obtaining property by false personation Punished as if he or she had been convicted of larceny
Fla. Stat. §817.568 Criminal use of personal identification information Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.
Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual’s consent commits a felony of the second degree, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $5,000 or more or if the person fraudulently uses the personal identification information of 10 or more individuals, but fewer than 20 individuals, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of three years’ imprisonment.
Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individual’s consent commits a felony of the first degree, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more individuals, but fewer than 30 individuals, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of five years’ imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the personal identification information of 30 or more individuals without their consent, notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 10 years’ imprisonment.
Criminal use of personal identification information to harass

Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning an individual without first obtaining that individual’s consent, and who does so for the purpose of harassing that individual, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in §119.011, the offense is reclassified to the next higher degree as follows: (a) A misdemeanor of the first degree is reclassified as a felony of the third degree. (b) A felony of the third degree is reclassified as a felony of the second degree. (c) A felony of the second degree is reclassified as a felony of the first degree.
Use of minor’s personal identification information Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is less than 18 years of age without first obtaining the consent of that individual or of his or her legal guardian commits a felony of the second degree.
Any person who is in the relationship of parent or legal guardian, or who otherwise exercises custodial authority over an individual who is less than 18 years of age, who willfully and fraudulently uses personal identification information of that individual commits a felony of the second degree.
Use of deceased’s personal identification information Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual, a felony of the third degree.
Any person who willfully and fraudulently uses personal identification information concerning a deceased individual commits a felony of the second degree, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is $5,000 or more, or if the person fraudulently uses the personal identification information of 10 or more but fewer than 20 deceased individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of three years’ imprisonment.
Any person who willfully and fraudulently uses personal identification information concerning a deceased individual commits the offense of aggravated fraudulent use of the personal identification information of multiple deceased individuals, a felony of the first degree, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is $50,000 or more, or if the person fraudulently uses the personal identification information of 20 or more but fewer than 30 deceased individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of the offense described in this paragraph to a minimum mandatory sentence of five years’ imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the personal identification information of 30 or more deceased individuals, notwithstanding any other provision of law, the court shall sentence any person convicted of an offense described in this paragraph to a mandatory minimum sentence of 10 years’ imprisonment.
Counterfeit or fictitious personal identification information

Any person who willfully and fraudulently creates or uses, or possesses with intent to fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious individual, or concerning a real individual without first obtaining that real individual’s consent, with intent to use such counterfeit or fictitious personal identification information for the purpose of committing or facilitating the commission of a fraud on another person, commits the offense of fraudulent creation or use, or possession with intent to fraudulently use, counterfeit or fictitious personal identification information, a felony of the third degree.

Any person who commits an offense described in this section and for the purpose of obtaining or using personal identification information misrepresents himself or herself to be a law enforcement officer; an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency; or any person who wrongfully represents that he or she is seeking to assist the victim with a problem with the victim’s credit history shall have the offense reclassified as follows: (a) In the case of a misdemeanor, the offense is reclassified as a felony of the third degree. (b) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree. (c) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree. (d) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony.
Restitution In sentencing a defendant convicted of an offense under this section, the court may order that the defendant make restitution under §775.089 to any victim of the offense. In addition to the victim’s out-of-pocket costs, restitution may include payment of any other costs, including attorney’s fees incurred by the victim in clearing the victim’s credit history or credit rating, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as the result of the actions of the defendant.
Fla. Stat. §817.5685 Unlawful possession of the personal identification information of another person

(3)(a) A person who violates subsection (2) and in doing so possesses the personal identification information of four or fewer persons commits a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

(b) 1. Proof that a person used or was in possession of the personal identification information of five or more individuals, unless satisfactorily explained, gives rise to an inference that the person who used or was in possession of the personal identification information did so knowingly and intentionally without authorization.

2. A person who violates subsection (2) and in doing so possesses the personal identification information of five or more persons commits a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

 

(4) Subsection (2) does not apply to:

(a) A person who is the parent or legal guardian of a child and who possesses the personal identification information of that child.

(b) A person who is the guardian of another person under chapter 744 and who is authorized to possess the personal identification information of that other person and make decisions regarding access to that personal identification information.

(c) An employee of a governmental agency who possesses the personal identification information of another person in the ordinary course of business.

(d) A person who is engaged in a lawful business and possesses the personal identification information of another person in the ordinary course of business.

(e) A person who finds a card or document issued by a governmental agency that contains the personal identification information of another person and who takes reasonably prompt action to return that card or document to its owner, to the governmental agency that issued the card or document, or to a law enforcement agency.
Georgia Ga. Code §16-9-120 et seq. Identity Fraud

(a) A violation of this article, other than a violation of Code §16-9-121.1 or 16-9-122, shall be punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both.

(b) A violation of this article which does not involve the intent to commit theft or appropriation of any property, resource, or other thing of value that is committed by a person who is less than 21 years of age shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $5,000, or both.
Offense of aggravated identity fraud

A person commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.

(a.1) A violation of Code §16-9-121.1 shall be punishable by imprisonment for not less than one nor more than 15 years, a fine not to exceed $250,000, or both, and such sentence shall run consecutively to any other sentence which the person has received.
Attempting or conspiring to commit offense Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
Restitution Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud.
Guam Guam Code Ann. tit. 9, §46.80 Impersonation; Identity Theft An offense under this section is a felony of the second degree if the benefit obtained, or the injury or fraud perpetrated on another, or the payment sought to be avoided, if any, is at least $5,000; otherwise, it is a felony of the third degree.
Restitution A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.
Hawaii Hawaii Rev. Stat. §708-839.6 Identity theft in the first degree Class A felony
Hawaii Rev. Stat. §708-839.7 Identity theft in the second degree Class B felony
Hawaii Rev. Stat. §708-839.8 Identity theft in the third degree Class C felony
Hawaii Rev. Stat. §708-839.55 Unauthorized possession of confidential personal information Class C felony
Hawaii Rev. Stat. §708-893 Use of a computer in the commission of a separate crime Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime.
Idaho Idaho Code §18-3126 Misappropriation of personal identifying information

Any person found guilty of a violation of §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 §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 §18-3126 or 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.
Idaho Code §18-3126A Acquisition of personal identifying information by false authority
Idaho Code §18-3127 Receiving or possessing fraudulently obtained goods or services
Idaho Code §18-3128 Penalty for violation
Illinois Ill. Rev. Stat. ch. 720, §5/16-30 et seq. Facilitating identity theft Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense
Transmission of personal identifying information Class A misdemeanor
Identity Theft Identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 3 felony. Identity theft of credit, money, goods, services, or other property not exceeding $300 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 3 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony. A person who has been convicted of identity theft of less than $300 when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a Class 2 felony.
Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value is a Class 3 felony. Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 2 felony.
Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a Class 2 felony. Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class 1 felony.
Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony. Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is a Class X felony.
Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony.
A person convicted of any offense enumerated in paragraphs (2) through (7) of subsection (a) is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs (2) through (7) of subsection (a) when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.
A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7) of subsection (a) with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7) of subsection (a) with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.
A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in §10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine is guilty of a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense. A person convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another to purchase methamphetamine manufacturing material as defined in §10 of the Methamphetamine Control and Community Protection Act with the intent to unlawfully manufacture methamphetamine when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony for a first offense and a Class X felony for a second or subsequent offense.
A person convicted of identity theft in violation of paragraph (8) of subsection (a) of this Section is guilty of a Class 4 felony.
Aggravated Identity Theft Aggravated identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 3 felony.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $10,000 in value is a Class 2 felony.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 felony.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony.
Aggravated identity theft for a violation of any offense enumerated in paragraphs (2) through (7) of subsection (a) of this section is a Class 2 felony.
Aggravated identity theft when a person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (7) of subsection (a) of this Section with identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is a Class 1 felony.
A person who has been previously convicted of aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.
Ill. Rev. Stat. ch. 720, §5/17-2 False personation; use of title; solicitation; certain entities False personation in violation of subsections (a-5), (a-7), and (c-6) is a Class A misdemeanor.
Indiana Ind. Code §35-43-5-.01 et seq. Definitions  
Ind. Code §35-43-5-3.5 Identity Deception

Class 6 felony

The offense defined in subsection (a) is a Class 5 felony if: (1) a person obtains, possesses, transfers, or uses the identifying information of more than 100 persons; (2) the fair market value of the fraud or harm caused by the offense is at least $50,000; or (3) a person obtains, possesses, transfers, or uses the identifying information of a person who is less than 18 years of age and is: (A) the person's son or daughter; (B) a dependent of the person; (C) a ward of the person; or (D) an individual for whom the person is a guardian.
Ind. Code §35-43-5-3.8 Synthetic Identity Deception

Class 6 felony

The offense under subsection (a) is a Class 5 felony if: (1) a person obtains, possesses, transfers, or uses the synthetic 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.
Iowa Iowa Code §715A-8 et seq. Identity theft If the value of the credit, property, or services exceeds $1,000, the person commits a class "D" felony. If the value of the credit, property, or services does not exceed $1,000, the person commits an aggravated misdemeanor.
Seizure/forfeiture Any real or personal property obtained by a person as a result of a violation of this section, including but not limited to any money, interest, security, claim, contractual right, or financial instrument that is in the possession of the person, shall be subject to seizure and forfeiture pursuant to chapter 809A.
Iowa Code §715A.9A Identity theft passport  
Kansas Kan. Stat. Ann. §21-5918 Dealing in false identification documents; Vital records identity fraud

(c) (1) Vital records identity fraud is a severity level 8, nonperson felony.

(2) Dealing in false identification documents is a severity level 8, nonperson felony.
Kan. Stat. Ann. §21-6107 Identity theft, identity fraud

(c) (1) Identity theft is a: (A) Severity level 8, nonperson felony, except as provided in subsection (c)(1)(B); and (B) severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.

(2) Identity fraud is a severity level 8, nonperson felony.
Kan. Stat. Ann. §21-6604 Restitution

(b) (1) In addition to or in lieu of any of the above, the court shall order the defendant to pay restitution, which shall include, but not be limited to, damage or loss caused by the defendant's crime, unless the court finds compelling circumstances which would render a plan of restitution unworkable. In regard to a violation of K.S.A. 21-6107, and amendments thereto, such damage or loss shall include, but not be limited to, attorney fees and costs incurred to repair the credit history or rating of the person whose personal identification documents were obtained and used in violation of such section, and to satisfy a debt, lien or other obligation incurred by the person whose personal identification documents were obtained and used in violation of such section. If the court finds a plan of restitution unworkable, the court shall state on the record in detail the reasons therefor.

(2) If the court orders restitution, the restitution shall be a judgment against the defendant which may be collected by the court by garnishment or other execution as on judgments in civil cases. If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.S.A. 60-4301 et seq., and amendments thereto, the court shall assign an agent procured by the attorney general pursuant to K.S.A. 75-719, and amendments thereto, to collect the restitution on behalf of the victim. The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings.
Kan. Stat. Ann. §60-4104 Forfeiture

Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are:

(x) identity theft and identity fraud, as defined in subsections (a) and (b) of K.S.A. 21-6107, and amendments thereto.
Kentucky

Ky. Rev. Stat. §434.870 et seq.

§434.872
Disclosure of information from financial information repository Violation of this section is a Class D felony. If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
Ky. Rev. Stat. §434.874 Trafficking in financial information Trafficking in financial information is a Class C felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
Ky. Rev. Stat. §514.160 Theft of identity Theft of identity is a Class D felony. If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
Forfeiture A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation.
Ky. Rev. Stat. §517.170 Trafficking in stolen identities Trafficking in stolen identities is a Class C felony. If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
Ky. Rev. Stat. §532.034 Restitution for financial loss resulting from theft of identity or trafficking in stolen identities

(1) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of the violation. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.

(2) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall pay restitution to the person or entity that suffers the financial loss. In addition to the financial loss detailed in subsection (1) of this section, the person or entity may include a financial institution, insurance company, or bonding association that suffers direct financial loss as a result of the violation.
Louisiana La. Rev. Stat. Ann. §14:67.16 Identity theft Whoever commits the crime of identity theft when credit, money, goods, services, or anything else of value is obtained, possessed, or transferred, which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than three years and for not more than 10 years, or may be fined not more than $10,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than three years and for not more than 10 years, or may be fined not more than $10,000, or both.
Whoever commits the crime of identity theft when credit, money, goods, services, or anything else of value is obtained, possessed, or transferred, which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than $5,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than two years and not more than five years, or may be fined not more than $5,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than two years and not more than five years, or may be fined not more than $5,000, or both.
Whoever commits the crime of identity theft when credit, money, goods, services, or anything else of value is obtained, possessed, or transferred, which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not more than three years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or anything else of value is obtained which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when credit, money, goods, services, or anything else of value is obtained, possessed, or transferred, which amounts to a value less than $300, shall be imprisoned for not more than six months, or may be fined not more than $500, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or anything else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than six months and not more than one year, or may be fined not more than $500, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or anything else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than six months and not more than one year, or may be fined not more than $500, or both.
Upon a third or subsequent conviction of a violation of the provisions of this section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.
When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense.
Restitution In addition to the foregoing penalties, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
La. Rev. Stat. Ann. §14:70.7 Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes

Whoever violates the provisions of this section by possessing a fraudulent document for identification purposes shall be fined not more than $500 or imprisoned for not more than six months, or both.

Whoever violates the provisions of this section by distributing, manufacturing, or producing a fraudulent document for identification purposes shall be fined not more than $5,000, or imprisoned with or without hard labor for not more than three years, or both.
La. Rev. Stat. Ann. §14:73.10 Online impersonation

(1) Except as provided in Paragraph (2) of this subsection, whoever violates any provision of this section shall be fined not less than $250 nor more than $1,000, imprisoned for not less than 10 days nor more than six months, or both.

(2) When the offender is under the age of 17 years, the disposition of the matter shall be governed exclusively by the provisions of Title VII of the Children's Code.
Maine Me. Rev. Stat. Ann. tit. 17-A, §905-A Misuse of identification Class D crime
Maryland Md. Criminal Law Code Ann. §8-301 et seq. Identity fraud (1) (i) A person who violates this section where the benefit, credit, good, service, health information or health care, or other thing of value that is the subject of subsection (b), (c), or (d) of this section has a value of at least $1,000 but less than $10,000 is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(1) (ii) A person who violates this section where the benefit, credit, good, service, or other thing of value that is the subject of subsection (b), (c), or (d) of this section has a value of at least $10,000 but less than $100,000 is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both.
(1) (iii) A person who violates this section where the benefit, credit, good, service, or other thing of value that is the subject of subsection (b), (c), or (d) of this section has a value of $100,000 or more is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both.
(2) A person who violates this section where the benefit, credit, good, service, health information or health care, or other thing of value that is the subject of subsection (b), (c), or (d) of this section has a value of less than $1,000 is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
(3) A person who violates this section under circumstances that reasonably indicate that the person's intent was to manufacture, distribute, or dispense another individual's personal identifying information without that individual's consent is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years or a fine not exceeding $25,000 or both.
(4) A person who violates subsection (c)(1), (e), or (f) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both.
(5) When the violation of this section is pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one violation and the value of the benefit, credit, good, service, or other thing of value may be aggregated in determining whether the violation is a felony or misdemeanor.
Restitution In addition to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article, a court may order a person who pleads guilty or nolo contendere or who is found guilty under this section to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred: (1) for clearing the victim's credit history or credit rating; and (2) in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim that arose because of the violation.
Md. Criminal Law Code Ann. §8-302 Blank or incorrect identification card A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding two years or a fine not exceeding $2,000 or both.
Md. Criminal Law Code Ann. §8-303 Government identification document A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding six months or a fine not exceeding $500 or both.
Md. Criminal Law Code Ann. §8-305 Identity theft passports  
Massachusetts Mass. Gen. Laws. Ann. ch. 266, §37E Use of personal identification of another; identity fraud 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.
Restitution A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.
Michigan Mich. Comp. Laws §445.61 et seq. Identity Theft Protection Act

(1) Subject to subsection (6), a person who violates §5 or §7 is guilty of a felony punishable as follows:

(a) Except as otherwise provided in subdivisions (b) and (c), by imprisonment for not more than five years or a fine of not more than $25,000, or both.

(b) If the violation is a second violation of §5 or §7, by imprisonment for not more than 10 years or a fine of not more than $50,000, or both.

(c) If the violation is a third or subsequent violation of §5 or §7, by imprisonment for not more than 15 years or a fine of not more than $75,000, or both.

(6) Subsection (1) does not apply to a violation of a statute or rule administered by a regulatory board, commission, or officer acting under authority of this state or the United States that confers primary jurisdiction on that regulatory board, commission, or officer to authorize, prohibit, or regulate the transactions and conduct of that person, including, but not limited to, a state or federal statute or rule governing a financial institution and the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, if the act is committed by a person subject to and regulated by that statute or rule, or by another person who has contracted with that person to use personal identifying information.
Forfeiture

(1) Except as provided in subsection (2), the following property is subject to forfeiture:

(a) Any personal or real property that has been used, possessed, or acquired in a felony violation of this act.

(b) Except as provided in subparagraphs (i) to (iii), a conveyance, including an aircraft, vehicle, or vessel, used or intended for use to transport, or in any manner to facilitate the transportation of, for the purpose of sale or receipt, property described in subdivision (a): (i) A conveyance used by a person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture unless it is determined that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this act. (ii) A conveyance is not subject to forfeiture by reason of any act or omission established by the owner of that conveyance to have been committed or omitted without the owner's knowledge or consent. (iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.

(c) Books, records, computers, electronic equipment, and research products and materials, including microfilm, digital media, tapes, and data, used or intended for use in violation of this act.

(d) Any money, negotiable instruments, securities, or any other thing of value that is found in close proximity to any property that is subject to forfeiture under subdivision (a), (b), or (c) is presumed to be subject to forfeiture. This presumption may be rebutted by clear and convincing evidence.
Minnesota Minn. Stat. §609.527 Identity theft

A person who violates subdivision 2 may be sentenced as follows:

(1) 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 for not more than 90 days or to payment of a fine of not more than $1,000, or both;

(2) 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 value of the property or services stolen is more than $500 but not more than $1,000;

(3) 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;

(4) if the offense involves more than three but not more than seven 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, if the value of the property or services stolen exceeds $5,000; and

(5) if the offense involves eight or more direct victims; or if the total, combined loss to the direct and indirect victims is more than $35,000; or if the offense is related to possession or distribution of pornographic work in violation of §617.246 or 617.247; the person may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000.
In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3.
Restitution

(a) A direct or indirect victim of an identity theft crime shall be considered a victim for all purposes, including any rights that accrue under chapter 611A and rights to court-ordered restitution.

(b) The court shall order a person convicted of violating subdivision 2 to pay restitution of not less than $1,000 to each direct victim of the offense.
Crime of electronic use of false pretense to obtain identity Whoever commits such offense 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.
Mississippi Miss. Code Ann. §97-9-79 False information Misdemeanor and upon conviction thereof shall be fined not more than $5,000 or imprisoned for a term not to exceed one year, or both
Miss. Code Ann. §97-19-83 Fraud by mail or other means of communication Upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or by both such fine and imprisonment.
Miss. Code Ann. §97-19-85 Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value 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.
Restitution In addition to the fines and imprisonment provided in this section, a person convicted under this section shall be ordered to pay restitution as provided in §99-37-1 et seq.
Miss. Code Ann. §97-45-1 et seq. Identity theft A person who violates this section is 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.
Restitution A person convicted under this section or under §97-19-85 shall be ordered to pay restitution as provided in §99-37-1 et seq., and any legal interest in addition to any other fine or imprisonment which may be imposed.
Miss. Code Ann. §97-45-29 Identity theft passport  
Miss. Code Ann. §97-45-33 Online impersonation A violation of this section is punishable by a fine of not less than $250 and not exceeding $1,000 or by imprisonment for not less than 10 days and not more than one year, or both.
Missouri Mo. Rev. Stat. §570.222 et seq. Identity theft

(1) 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.
Every person who has previously pled guilty to or been found guilty of identity theft or attempted identity theft, and who subsequently pleads guilty to or is found guilty of identity theft or attempted identity theft of credit, money, goods, services, or other property not exceeding $500 in value is guilty of a class D felony and shall be punished accordingly.
Restitution The court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim: (1) In clearing the credit history or credit rating of the victim; and (2) In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.
Mo. Rev. Stat. §570.224 Trafficking in stolen identities, crime of--possession of documents Class B felony
Montana Mont. Code Ann. §45-6-332 Theft of identity

(a) A person convicted of the offense of theft of identity if no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,500 was gained or attempted to be gained shall be fined an amount not to exceed $1,500, imprisoned in the county jail for a term not to exceed six months, or both.

(b) A person convicted of the offense of theft of identity if an economic benefit of $1,500 or more was gained or attempted to be gained shall be fined an amount not to exceed $10,000, imprisoned in a state prison for a term not to exceed 10 years, or both.
Restitution If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
Mont. Code Ann. §45-8-220 Criminal invasion of personal privacy A person convicted under this section shall be incarcerated for a term not to exceed one year or fined an amount not to exceed $10,000, or both.
Mont. Code Ann. §46-24-218 et seq. Identity theft passport  
Nebraska Neb. Rev. Stat. §28-636 et seq.

Criminal impersonation

§28-638

(a) Criminal impersonation, as described in subdivisions (1)(a) and (1)(b) of this section, is a 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. Any second or subsequent conviction under this subdivision is a Class II felony.

(b) Criminal impersonation, as described in subdivisions (1)(a) and (1)(b) of this section, is a 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. Any second or subsequent conviction under this subdivision is a Class III felony.

(c) Criminal impersonation, as described in subdivisions (1)(a) and (1)(b) of this section, is a 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.

(d) Criminal impersonation, as described in subdivisions (1)(a) and (1)(b) of this section, is a 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.

(e) Criminal impersonation, as described in subdivision (1)(c) of this section, is a Class IV felony. Any second conviction under this subdivision is a Class III felony, and any third or subsequent conviction under this subdivision is a Class II felony.

(f) Criminal impersonation, as described in subdivision (1)(d) of this section, is a Class II misdemeanor. Any second or subsequent conviction under this subdivision is a Class I misdemeanor.
Restitution A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to §§29-2280 to 29-2289.
Neb. Rev. Stat. §28-639 Identity theft

(a) Identity theft is a 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. Any second or subsequent conviction under this subdivision is a Class II felony.

(b) Identity theft is a 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. Any second or subsequent conviction under this subdivision is a Class III felony.

(c) Identity theft is a 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.

(d) Identity theft is a 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.
Restitution A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to §§29-2280 to 29-2289.
Neb. Rev. Stat. §28-640 Identity fraud Identity fraud is a Class I misdemeanor. Any second or subsequent conviction under this subdivision is a Class IV felony.
Restitution A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to §§29-2280 to 29-2289.
Nevada Nev. Rev. Stat. §205.450 Personating another Category C felony and shall be punished as provided in §193.130.
Nev. Rev. Stat. §205.455 Personating another same as stealing Unless a greater penalty is provided pursuant to §205.463, a person who falsely represents or personates another, and, in such assumed character, receives any money or valuable property of any description intended to be delivered to the person so personated, shall be punished in the same manner and to the same extent as if the person stole the money or property so received.
Nev. Rev. Stat. §205.461 et seq. Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose Except as otherwise provided in subsections 2 and 3, a person who knowingly: (a) Obtains any personal identifying information of another person; and (b) With the intent to commit an unlawful act, uses the personal identifying information: (1) To harm that other person; (2) To represent or impersonate that other person to obtain access to any personal identifying information of that other person without the prior express consent of that other person; (3) To obtain access to any nonpublic record of the actions taken, communications made or received by, or other activities or transactions of that other person without the prior express consent of that other person; or (4) For any other unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that other person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Except as otherwise provided in subsection 3, a person who knowingly: (a) Obtains any personal identifying information of another person; and (b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act, is guilty of a category C felony and shall be punished as provided in §193.130.
A person who violates: (a) Subsection 1 or 2 by obtaining and using the personal identifying information of an older person or a vulnerable person; (b) Subsection 1 or 2 by obtaining and using the personal identifying information of five or more persons; (c) Subsection 1 or 2 by causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation; or (d) Subsection 2 to avoid or delay being prosecuted for an unlawful act that is punishable as a category A felony or category B felony, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than three years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Restitution In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorney’s fees and costs incurred to: (a) Repair the credit history or rating of the person whose personal identifying information the convicted person obtained and used in violation of subsection 1; and (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the convicted person obtained and used in violation of subsection 1.
Nev. Rev. Stat. §205.464 Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee Except as otherwise provided in subsection 2, a public officer or public employee who knowingly: (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and (b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than five years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
A public officer or public employee who violates subsection 1 by: (a) Obtaining and using the personal identifying information of an older person or a vulnerable person; (b) Obtaining and using the personal identifying information of five or more persons; or (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than seven years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Except as otherwise provided in subsection 4, a public officer or public employee who knowingly: (a) Obtains any personal identifying information of another person from any document, file, database, source or process used by a public body to collect, store, maintain, transfer, reproduce, manage or administer personal identifying information; and (b) Possesses, sells or transfers the personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person, is guilty of a category C felony and shall be punished as provided in §193.130.
A public officer or public employee who violates subsection 3 by: (a) Obtaining and possessing, selling or transferring the personal identifying information of an older person or a vulnerable person; (b) Obtaining and possessing, selling or transferring the personal identifying information of five or more persons; or (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Except as otherwise provided in subsection 6, a public officer or public employee who knowingly aids another public officer or public employee to commit a violation of any provision of this section is guilty of a category C felony and shall be punished as provided in §193.130.
A public officer or public employee who violates subsection 5 by knowingly aiding another public officer or public employee in committing a violation of this section by: (a) Obtaining the personal identifying information of an older person or a vulnerable person; (b) Obtaining the personal identifying information of five or more persons; or (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Restitution In addition to any other penalty, the court shall order a public officer or public employee convicted of violating any provision of this section to pay restitution, including, without limitation, any attorney’s fees and costs incurred, to: (a) Repair the credit history or rating of the person whose personal identifying information the public officer or public employee obtained and used in violation of subsection 1; and (b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information the public officer or public employee obtained and used in violation of this section.
Nev. Rev. Stat. §205.465 Possession or sale of document or personal identifying information to establish false status or identity Except as otherwise provided in subsection 3, a person who: (a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or (b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in §§205.085 to 205.217, inclusive, 205.473 to 205.513, inclusive, or 205.610 to 205.810, inclusive, is guilty of a category C felony and shall be punished as provided in §193.130.
A person who violates subsection 2 by: (a) Selling or transferring the personal identifying information of an older person or a vulnerable person; (b) Selling or transferring the personal identifying information of five or more persons; or (c) Causing another person to suffer a financial loss or injury of $3,000 or more as a result of the violation, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Except as otherwise provided in this subsection and subsections 2 and 3, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a category E felony and shall be punished as provided in §193.130.
Nev. Rev. Stat. §205.4651 Identity theft program card  
Nev. Rev. Stat. §205.46513 Establishing or possessing financial forgery laboratory Unless a greater penalty is provided pursuant to specific statute, a person who violates this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than one year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.
Nev. Rev. Stat. §205.46515 Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person 2. A person who violates this section is guilty of a category C felony and shall be punished as provided in §193.130.
New Hampshire N.H. Rev. Stat. Ann. §638:25 et seq. Identity fraud Class A felony
Restitution A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation.
New Jersey N.J. Rev. Stat. §2C:21-17 et seq. Impersonation; theft of identity 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.
N.J. Rev. Stat. §2C:21-17.1 Restitution Restitution to a victim of an offense under N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, section 5 of P.L.2003, c.184 (C.2C:21-17.2) or section 6 of P.L. 2003, c.184 (C.2C:21-17.3) when the offense concerns personal identifying information may include costs incurred by the victim: (a) in clearing the credit history or credit rating of the victim; or (b) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
N.J. Rev. Stat. §2C:21-17.2 Use of personal identifying information of another Crime of the second degree
N.J. Rev. Stat. §2C:21-17.3 Trafficking in personal indentifying information pertaining to another person A person, who knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone is guilty of a crime of the fourth degree.
If the person distributes, manufactures or possesses 20 or more items containing personal identifying information pertaining to another person, or five or more items containing personal information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the third degree.
If the person distributes, manufactures or possesses 50 or more items containing personal identifying information pertaining to another person, or ten or more items containing personal identifying information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the second degree.
New Mexico N.M. Stat. Ann. §30-16-24.1 Theft of identity Fourth degree felony
Obtaining identity by electronic fraud Fourth degree felony
Restitution A person found guilty of theft of identity or of obtaining identity by electronic fraud shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by a person injured as the direct result of the offense. In addition to out-of-pocket costs, restitution may include payment for costs, including attorney fees, incurred by that person in clearing the person's credit history, credit rating, criminal history or criminal charges or costs incurred in connection with a legal proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense.
N.M. Stat. Ann. §31-26-15 Identity theft passport  
New York N.Y. Penal Law §190.23 False personation Class B misdemeanor
N.Y. Penal Law §190.25 Criminal impersonation in the second degree Class A misdemeanor
N.Y. Penal Law §190.26 Criminal impersonation in the first degree Class E felony
N.Y. Penal Law §190.77 et seq. Offenses involving theft of identity  
N.Y. Penal Law §190.78 Identity theft in the third degree Class A misdemeanor
N.Y. Penal Law §190.79 Identity theft in the second degree Class E felony
N.Y. Penal Law §190.80 Identity theft in the first degree Class D felony
N.Y. Penal Law §190.80-a Aggravated identity theft Class D felony
N.Y. Penal Law §190.81 Unlawful possession of personal identifying information in the third degree Class A misdemeanor
N.Y. Penal Law §190.82 Unlawful possession of personal identifying information in the second degree Class E felony
N.Y. Penal Law §190.83 Unlawful possession of personal identifying information in the first degree Class D felony
N.Y. Penal Law §60.27 Restitution In addition to any of the dispositions authorized by this article, the court shall consider restitution or reparation to the victim of the crime and may require restitution or reparation as part of the sentence imposed upon a person convicted of an offense, and after providing the district attorney with an opportunity to be heard in accordance with the provisions of this subdivision, require the defendant to make restitution of the fruits of his or her offense or reparation for the actual out-of-pocket loss caused thereby and, in the case of a violation of §190.78, 190.79, 190.80, 190.82 or 190.83 of this chapter, any costs or losses incurred due to any adverse action taken against the victim. Adverse action as used in this subdivision shall mean and include actual loss incurred by the victim, including an amount equal to the value of the time reasonably spent by the victim attempting to remediate the harm incurred by the victim from the offense, and the consequential financial losses from such action.
North Carolina N.C. Gen. Stat. §14-113.20 et seq. Identity Theft 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.
N.C. Gen. Stat. §14-113.20A Trafficking in stolen identities Class E felony
N.C. Gen. Stat. §14-113.22 Restitution The court may order a person convicted under §-113.20 or §14-113.20A to pay restitution pursuant to Article 81C of Chapter 15A of the General Statutes for financial loss caused by the violation to any person. Financial loss included under this subsection may include, in addition to actual losses, lost wages, attorneys' fees, and other costs incurred by the victim in correcting his or her credit history or credit rating, or in connection with any criminal, civil, or administrative proceeding brought against the victim resulting from the misappropriation of the victim's identifying information.
North Dakota N.D. Cent. Code §12.1-23-11 Unauthorized use of personal identifying information

2. An individual is guilty of an offense if the individual uses or attempts to use any personal identifying information of another individual, living or deceased, to obtain credit, money, goods, services, or anything else of value without the authorization or consent of the other individual. The offense is a class B felony if the credit, money, goods, services, or 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.

 

3. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual, in order to interfere with or initiate a contract or service for a person other than that individual, to obtain or continue employment, to gain access to personal identifying information of another individual, or to commit an offense in violation of the laws of this state, regardless of whether there is any actual economic loss to the individual. A first offense under this subsection is a class A misdemeanor. A second or subsequent offense under this subsection is a class C felony.
N. Mariana Islands Statutes unavailable
Ohio Ohio Rev. Code Ann. §2913.49 Identity fraud (I) (2) Except as otherwise provided in this division or division (I) (3) of this section, identity fraud is a felony of the fifth degree. 
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $1,000 or more and is less than $7,500, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the fourth degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $7,500 or more and is less than $150,000, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the third degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $150,000 or more, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the second degree.
Identity fraud against an elderly person or disabled adult (I) (3) Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $1,000 or more and is less than $7,500, identity fraud against an elderly person or disabled adult is a felony of the third degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $7,500 or more and is less than $150,000, identity fraud against an elderly person or disabled adult is a felony of the second degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $150,000 or more, identity fraud against an elderly person or disabled adult is a felony of the first degree.
Ohio Rev. Code Ann. §109.94 Identity theft passport  
Oklahoma Okla. Stat. tit. 21, §1532 False Personation - Receiving Money or Property Intended for Another A felony offense punishable in the same manner and to the same extent as for larceny of the money or property so received.
Okla. Stat. tit. 21, §1533.1 et seq. Fraudulently Obtaining Personal Identity of Other Persons Identity theft is a felony offense punishable by imprisonment in the custody of the Department of Corrections for a term of not less than one year nor more than five years, or a fine not to exceed $100,000, or by both such fine and imprisonment.
Restitution Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court.
Okla. Stat. tit. 21, §1533.2 Obtaining Personal, Financial or Other Information of Another from a Financial Institution - Attempts - Punishment A felony offense punishable by imprisonment in the Department of Corrections for a term of not more than 10 years
Restitution In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision.
Okla. Stat. tit. 22, §19b Identity theft passport  
Oregon Or. Rev. Stat. §165.800 Identity theft Class C felony
Or. Rev. Stat. §165.803 Aggravated identity theft Class B felony
Or. Rev. Stat. §137.717 Additional offenses requiring imposition of presumptive sentences

(1) When a court sentences a person convicted of:

(a) . . . aggravated identity theft under ORS 165.803, the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has: (A) A previous conviction for aggravated theft in the first degree under ORS 164.057, burglary in the first degree under ORS 164.225, robbery in the third degree under ORS 164.395, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415 or aggravated identity theft under ORS 165.803; (B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or (C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(b) . . . identity theft under ORS 165.800 . . . , the presumptive sentence is 18 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has: (A) A previous conviction for aggravated theft in the first degree under ORS 164.057, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the third degree under ORS 164.395, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803; (B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or (C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.
Or. Rev. Stat. §165.810 Unlawful possession of a personal identification device Class C felony
Or. Rev. Stat. §165.813 Unlawful possession of fictitious identification Class C felony
Pennsylvania Pa. Cons. Stat. tit. 18, §4120 Identity theft

(c) Grading.--The offenses shall be graded as follows:

(1) Except as otherwise provided in paragraph (2), an offense under subsection (a) falls within the following classifications depending on the value of any property or services obtained by means of the identifying information:

(i) if the total value involved is less than $2,000, the offense is a misdemeanor of the first degree;

(ii) if the total value involved was $2,000 or more, the offense is a felony of the third degree;

(iii) regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy as defined in §903 (relating to criminal conspiracy), the offense is a felony of the third degree; or

(iv) regardless of the total value involved, if the offense is a third or subsequent offense under this section, the offense is a felony of the second degree.
(2) When a person commits an offense under subsection (a) and the victim of the offense is 60 years of age or older, a care-dependent person as defined in §2713 (relating to neglect of care-dependent person) or an individual under 18 years of age, the grading of the offense shall be one grade higher than specified in paragraph (1).
Pa. Cons. Stat. tit. 18, §1107.1 Restitution

The court shall, in addition to any other restitution sentence or order authorized by law, sentence a person convicted of a violation of §4106 (relating to access device fraud) or §4120 (relating to identity theft) to make restitution for all reasonable expenses incurred by the victim or on the victim's behalf: (1) to investigate theft of the victim's identity; (2) to bring or defend civil or criminal actions related to theft of the victim's identity; or (3) to take other efforts to correct the victim's credit record or negative credit reports related to theft of the victim's identity.

(b) Types of expenses.--The types of expenses recoverable under this section include, but are not limited to: (1) fees for professional services by attorneys or accountants; (2) fees and costs imposed by credit bureaus, associated with efforts to correct the victim's credit record, incurred in private investigations or associated with contesting unwarranted debt collections; and (3) court costs and filing fees.
Puerto Rico P.R. Code Ann. tit. 33, §4843 et seq. Impersonation Misdemeanor
Identity Theft Fourth degree felony
Restitution As part of the restitution that the court may impose for the crimes described in this subchapter, it may also demand the reimbursement of the expenses of the victim for the restoration of his credit, including the payment of any debt or obligation arising from the acts of the offender.
Rhode Island R.I. Gen. Laws §11-41-4 Obtaining property by false pretenses or personation Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.
R.I. Gen. Laws §11-41-5 Penalties for larceny (a) Any person convicted of any offense under §§11-41-1 – 11-41-6, except § 11-41-3, if the value of the property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert exceeds $1,500, or if the property is a firearm as defined in §11-47-5.1, regardless of its value, shall be punished by imprisonment for not more than 10 years or by a fine of not more than $5,000, or both. If the value of the property or money does not exceed $1,500, the person shall be punished by imprisonment for not more than one year, or by a fine of not more than $500, or both.
(b) Any person convicted of an offense in violation of §§11-41-1 – 11-41-7, except §11-41-3, which involves a victim who is a person 65 years of age or older at the time of the offense and which involves property or money stolen, received, embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a value in excess of $500, shall be punished by imprisonment for not less than two years but not more than 15 years or by a fine of not more than $5,000, or both. If the value of the property or money does not exceed $500, the person shall be punished by imprisonment for not less than one year but not more than five years or by a fine of not more than $3,000, or both.
R.I. Gen. Laws §11-49.1-1 et seq. Impersonation and Identity Fraud Act Every person who violates the provisions of §11-49.1-3 shall be imprisoned for not more than three years and may be fined not more than $5,000, or both, for a first conviction.
Every person who violates the provisions of §11-49.1-3 may be imprisoned for not less than three years nor more than five years and shall be fined not more than $10,000, or both, for a second conviction.
Every person who violates the provisions of §11-49.1-3 shall be imprisoned for not less than five years nor more than 10 years and shall be fined not less than $15,000, or both, for a third or subsequent conviction.
South Carolina S.C. Code Ann. §16-13-500 et seq.

Personal Financial Security Act

financial identity fraud or identity fraud
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than 10 years, or both.
Restitution The court may order restitution to the victim pursuant to the provisions of §17-25-322.
S.C. Code Ann. §16-13-525 Financial identity fraud enabling unlawfully present alien to live or work in United States A person who violates the provisions of this section: (a) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than $100 or imprisoned not more than 30 days; and (b) for a second offense or subsequent offenses, is guilty of a felony and, upon conviction, must be fined not more than $500 or imprisoned not more than five years.
South Dakota S.D. Codified Laws Ann. §22-40-1 et seq. Impersonation with intent to deceive law enforcement officer Class 1 misdemeanor
S.D. Codified Laws Ann. §22-40-8 Identity theft Class 6 felony
Tennessee Tenn. Code Ann. §39-14-150 Identity theft Class D felony
Identity theft trafficking Class C felony
Seizure/judicial forfeiture The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: (A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section; (B) Any property, real or personal, received as an inducement to violate this section; (C) Any property, real or personal, traceable to the proceeds from the violation; (D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and (E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
Notwithstanding the provisions of §39-11-713, property seized pursuant to this subsection (h) shall be disposed of as follows: (A) All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property. (B) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense. (C) The court shall then award the remainder of the funds as follows: (i) In the event that the investigating and seizing agency was a state agency, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; (iii) In the event that the investigating and seizing agency is a local public agency, then 25 percent  of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution of 10 percent of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c).
Tenn. Code Ann. §39-16-301 Criminal impersonation

(c) (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of $500 shall be imposed.

(2) Criminal impersonation under subsection (b) is a Class A misdemeanor.
Tenn. Code Ann. §39-16-303 Using a false identification Class C misdemeanor
Texas Tex. Penal Code Ann. §31.17 Unauthorized Acquisition or Transfer of Certain Financial Information An offense obtaining the financial information under Subsection (b)(1) is a Class B misdemeanor. An offense transferring the financial information to another under Subsection (b)(2) is a Class A misdemeanor.
Tex. Penal Code Ann. §32.51 Fraudulent Use or Possession of Identifying Information An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five.
An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10.
An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50.
An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by §22.04.
Restitution If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense.
Tex. Penal Code §32.53 Exploitation of child, elderly individual, or disabled individual

(c) An offense under this section is a felony of the third degree.

(d) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
Utah Utah Code Ann. §76-6-1101 et seq. Identity fraud Identity fraud is: except as provided in Subsection (3)(b)(ii), a third degree felony if the value of the credit, goods, services, employment, or any other thing of value is less than $5,000; or (b) a second degree felony if: (i) the value of the credit, goods, services, employment, or any other thing of value is or exceeds $5,000; or (ii) the use described in Subsection (2)(a)(ii) of personal identifying information results, directly or indirectly, in bodily injury to another person.
Restitution When a defendant is convicted of a violation of this section, the court shall order the defendant to make restitution to any victim of the offense or state on the record the reason the court does not find ordering restitution to be appropriate. Restitution under Subsection (5) may include: (a) payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and (b) the value of the victim's time incurred due to the offense: (i) in clearing the victim's credit history or credit rating; (ii) in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and (iii) in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.
Utah Code Ann. §76-6-1105 Unlawful possession of another's identification documents Notwithstanding the provisions of §76-6-1102(3), a person is guilty of a class A misdemeanor if he: (i) obtains or possesses an identifying document with knowledge that he is not entitled to obtain or possess the identifying document; or (ii) assists another person in obtaining or possessing an identifying document with knowledge that the person is not entitled to obtain or possess the identifying document.
A person is guilty of a third degree felony if he: (i) obtains or possesses multiple identifying documents with knowledge that he is not entitled to obtain or possess the multiple identifying documents; or (ii) assists another person in obtaining or possessing multiple identifying documents with knowledge that the person is not entitled to obtain or possess the multiple identifying documents.
Vermont Vt. Stat. Ann. tit. 13, §2001 False personation Imprisoned not more than 10 years or fined not more than $2,000, or both.
Vt. Stat. Ann. tit. 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 10 years or fined not more than $10,000, or both.
Virginia Va. Code §18.2-152.5:1 Using a computer to gather identifying information 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.
Va. Code §18.2-186.3 et seq. Identity theft D. Violations of this section shall be punishable as a 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 5 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 4 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 5 felony.
Restitution Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.
Va. Code §18.2-186.4 Use of a person's identity with the intent to coerce, intimidate, or harass Any person who violates this section is guilty of a Class 1 misdemeanor.
Any person who violates this section knowing or having reason to know that person is a law-enforcement officer, as defined in §9.1-101, is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months.
Va. Code §18.2-59 Extortion of money, property or pecuniary benefit Class 5 felony
Va. Code §18.2-186.5 Identity theft passport  
Virgin Islands V.I. Code tit. 14, §742 Acting in assumed character Whoever impersonates another and receives any money or property, knowing that it is intended to be delivered to the individual impersonated, with intent to convert the same to his own use, or to that of another person, or to deprive the owner thereof-- shall be fined not more than $1,000 or imprisoned not more than two years, or both.
V.I. Code tit. 14, §2200 et seq. Identity theft Identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a misdemeanor. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a felony and is punishable by a term of imprisonment of one year and not more than four years. A person who has been convicted of identity theft of less than $300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a felony and is punishable by a term of imprisonment of one year and not more than four years.
Identity theft of credit, money, goods, services, or other property exceeding $300 and not exceeding $2,000 in value is a felony and is punishable by a term of imprisonment of one year and not more than four years.
Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a felony and is punishable by a term of imprisonment of not less than two years and not more than five years.
Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a felony and is punishable by a term of imprisonment of not less than three years and not more than seven years.
Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a felony and is punishable by a term of imprisonment of not less than four years and not exceeding 15 years.
A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) is guilty of a felony and is punishable by a term of imprisonment of one year and not more than four years.
A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years.
A person who, within a 12-month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of three or more separate individuals, at the same time or consecutively, is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years.
V.I. Code tit. 14, §2203 Aggravated identity theft Aggravated identity theft of credit, money, goods, services, or other property not exceeding $300 in value is punishable by a term of imprisonment of one year, but not more than four years.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $300 but not exceeding $10,000 in value is punishable by a term of imprisonment of not less than two years but more than five years.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $10,000 in value but not exceeding $100,000 in value is punishable by a term of imprisonment of not less than three years but not more than seven years.
Aggravated identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is punishable by a term of imprisonment of not less than four years but not more than 15 years.
A person who has been previously convicted of aggravated identity theft, regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved, shall be punished by a term of imprisonment of not less than six years but not more than 30 years.
Washington Wash. Rev. Code §9.35.001 et seq. Improperly obtaining financial information Class C felony
Wash. Rev. Code §9.35.020 Identity theft No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime. Violation of this section when the accused or an accomplice violates subsection (1) of this section and obtains 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 punishable according to chapter 9A.20 RCW.
A person is guilty of identity theft in the second degree when he or she violates subsection (1) of this section under circumstances not amounting to identity theft in the first degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
West Virginia W. Va. Code §61-3-54 Taking identity of another person Felony, and upon conviction, shall be punished by confinement in the penitentiary not more than five years, or fined not more than $1,000, or both.
Wisconsin Wis. Stat. §943.201 Unauthorized use of an individual’s personal identifying information or documents Class H felony
Wis. Stat. §943.203 Unauthorized use of an entity’s identifying information or documents Class H felony
Wyoming Wyo. Stat. §6-3-615 Use of false identity, citizenship or resident alien documents Misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $1,000, or both.
Wyo. Stat. §6-3-901 et seq. Theft of identity 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 by the defendant.
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 $1,000 or more was gained or was attempted to be gained by the defendant.
Restitution If a restitution plan is ordered pursuant to §§7-9-101 through 7-9-115, the court may include, as part of its determination of amount owed pursuant to §7-9-103, payment for any costs incurred by the victim, including attorney fees, any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien or other obligation of the victim arising as a result of the actions of the defendant.
Wyo. Stat. §6-3-902 Unlawful impersonation through electronic means Any person who knowingly and without consent intentionally impersonates another actual person through, or on, an Internet website or by other electronic means, including, but not limited to spoofing and causes or attempts to cause harm, is guilty of a misdemeanor punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both.

Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and medical malpractice issues for NCSL..

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