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Illinois Identity Theft Crimes

Posted on in Identity Theft

identity theft, Skokie criminal defense attorneyThe fraudulent use of credit cards and bank accounts is as old as credit cards and bank accounts. However, the rise of internet connectivity has made identity theft crimes even more common. Illinois recognizes several different types of identity-related white collar crimes.

Types of Identity Theft Crimes

There are four major types of crimes related to stealing another person's identity in Illinois:

  1. Identity theft
  2. Aggravated identity theft
  3. Transmission of personal identifying information
  4. Facilitating identity theft

The basic crime of identity theft is using someone else’s credit cards, bank account, or personal documents to obtain money, credit, goods or services. If you use someone else’s information to commit another felony, it is also considered identity theft.

Aggravated identity theft is the same as identity theft, except the victim is over 60 years of age, or that the crime is in connection with gang activity. Even if you did not know that the victim was 60 years old, you can still be charged with aggravated identity theft.

You commit the offense of transmission of personal identifying information when you knowingly capture or record personal identifying information of someone party to a transaction in secret, without their consent and then transfers than information with the owner’s consent. It does not matter if you receive any money for the information, or that the information is never used to commit another crime.

The crime of facilitating identity theft involves having access to someone else’s personal information through their employment or official duties and then disposes of the information in a garbage can or another way without securing the information, with the intent of committing identity theft.

Penalties for Identity Theft Crimes

The penalty for identity theft crimes is dependent upon the type of victim and the amount of money or value of property that was stolen. Identity theft is always a felony. The penalty can be between one year to thirty years in prison depending on the circumstances.

Aggravated identity theft is punishable by a minimum of two years in prison and up to thirty years.

Transmission of personal identifying information is a Class A misdemeanor. The maximum penalty is one year in jail. Facilitating identity theft is charged as either a Class A misdemeanor or a Class 4 felony, depending on the number of offences. The maximum penalty ranges from a year in jail to three years in prison.

If you have been charged with identity theft, you need an experienced Lake County criminal defense lawyer right away. You should not discuss your case with anyone, including law enforcement until you have consulted with a lawyer. Schedule your free initial consultation today. You need to take action to protect your rights.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

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