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The increase in crimes of identity theft lead to the drafting of the Identity Theft and Assumption Deterrence Act. In 1998, The Federal Trade Commission appeared before the United States Senate. The FTC discussed crimes which exploit consumer credit to commit loan fraud, mortgage fraud, lines-of-credit fraud, credit card fraud, commodities and services frauds. The Identity Theft and Assumption Deterrence Act (2003) [ITADA] amended U.S. Code Title 18, § 1028 ("Fraud related to activity in connection with identification documents, authentication features, and information"). The statute now makes the possession of any "means of identification" to "knowingly transfer, possess, or use without lawful authority" a federal crime, alongside unlawful possession of identification documents. However, for federal jurisdiction to prosecute, the crime must include an "identification document" that either: (a) is purportedly issued by the United States, (b) is used or intended to defraud the United States, (c) is sent through the mail, or (d) is used in a manner that affects interstate or foreign commerce. See 18 U.S.C. § 1028(c). Punishment can be up to 5, 15, 20, or 30 years in federal prison, plus fines, depending on the underlying crime per 18 U.S.C. § 1028(b). In addition, punishments for the unlawful use of a "means of identification" were strengthened in § 1028A ("Aggravated Identity Theft"), allowing for a consecutive sentence under specific enumerated felony violations as defined in § 1028A(c)(1) through .
AnswerIt depends on what is involved. It can be a state and/or Federal crime. For example using a driver's license in the state I Reside is a Class "D" felony (higher depending on the circumstances). The use of someone else's or a false SS# is a Federal crime and can carry serious penalties. Recently a man was sentenced to seven years in a Federal penitentiary for using his brother's ID, SS# to get a car loan.____________________________________________________________
Answer:
Falsely posing as another person is a criminal act and carries serious penalties. If you have been accused of or charged with an identity theft crime, your case may be filed as either a misdemeanor or a felony.
A misdemeanor charge is punishable by up to one year in jail. A felony is punishable by 16 months or more of state prison time. The charge and sentence will depend on the following:
- Seriousness or degree of the victim's harm
- Amount of monetary damage
- The sophistication of the crime
- Defendant's past criminal record
- internet theft: the Internet crosses state lines, so the theft can also be charged as a federal crime
The scariest part of all of this is sometimes the person who is the victim is actually the one who ends up in jail. Yes it is true. Many times the thieves never even get caught. Authorities come after the victim when an identity theft thief commits fraud in someone else's name. Go to
http://www.legalinsuranceagents.com/blog-criminal-identity-theft to read more.
What else can I help you with?
Why are you the victim of identity theft?
I've been fortunate that I have never been a victim of ID theft.
Would they let a 14 year old buy Grand theft auto 5?
on a franchise company like target no they require id and they scan id as well but at a small business probobly
Can I have someone's apple Id account?
No you cannot that is considered theft.
How long does bad credit stay on your report?
legally , seven years under normal circumstances. id theft , if proven with the proper legal papers asap.
How do you purchase id theft protection?
ID theft protection can be purchased online, over the phone, or at a local office. To find and compare different services, check online or call your insurance company.
Is it illegal to confiscate a fake ID?
Yes, it is illegal to confiscate a fake ID as it is considered theft. It is recommended to report the fake ID to the authorities instead.
Is there a misdemeanor identity theft charge?
Minor ID theft charges have, at times, been plead down to the misdemeanor level.
How many day can you leave your son home 15 years old?
it would depend oh his maturity but id say a week at most
Who offers the best insurance for ID theft protection?
"LifeLock is a great program that offers insurance for ID theft protection. They guarantee $100,000 coverage. Identity Guard is another company that offers great insurance for identity theft, they guarantee one million dollars coverage."
In Maplestory What is better a nightwalker or a theft?
if your a night walker you can be a thief to so there both probably equal but id be a thief and its thief not theft
Will prosecution drop case if the theft use fake police id?
If what you're asking is "Will the prosecution drop the case if the thief used a fake police ID" Then the answer is no, I would imagine they would add an extra charge of felony impersonation of a law enforcement officer to the charges.
Who do I contact about Id theft if my social security card was taken?
When your social security card is stolen and you want to contact someone about Id theft, you must contact the United States government, explain to them the situation, and have a new SSN issued to you.
