US Identity Theft Statutes & Criminal Penalties Resources

US Identity Theft Statutes & Criminal Penalties Resources in United States

US Identity Theft Statutes & Criminal Penalties Resources

State Statutory Citation Title Criminal Penalty & Restitution Provisions
Alabama 13A-8-190 to
13A-8-201
The Consumer Identity Protection ActRestitution Identity theft is a Class C felony
Trafficking in stolen identities is a Class B felony
Obstructing justice using a false identity is a Class C felony
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.
Alaska 11.46.18011.46.565

11.46.570

Theft by deceptionCriminal impersonation in the first degree
Criminal impersonation in the second degree
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
Class B felonyClass A misdemeanor
Arizona 13-200813-2009

13-2010

Taking identity of another person; classification
Aggravated taking identity of another person or entity;classification
Trafficking in the identity of another person or entity; classification
Class 4 felonyClass 3 felony

Class 2 felony

Arkansas 5-37-2275-37-228 Financial identity fraud & non-financial identity fraudRestitution

Identity theft passport

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
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.
California Penal Code 530.5 to 530.8 Personal Information Trafficking and Mail Theft Prevention Act
530.5(b)530.5(c)(1)

530.5(c)(2)

530.5(c)(3)

530.5(d)(1)

530.5(d)(2)

530.5(e)

Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 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.
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.
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.
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.
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.
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.
Every person who commits mail theft, as defined in §1705 of Title 18 of the United States 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.
Colorado 18-5-901et seq. Identity theft
Criminal possession of a financial deviceGathering identity information by deception
Poessession of identity theft tools
Class 4 felony
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
Class 5 felonyClass 5 felony
Connecticut 53a-129aet seq. Identity theft in the first degreeIdentity theft in the second degree

Identity theft in the third degree
Trafficking in personal identifying information

Class B felony – the value of the money, credit, goods, services or property obtained exceeds $10,000
Class C felony – the value of the money, credit, goods, services or property obtained exceeds $5,000
Class D felonyClass D felony
Delaware 11§82811§854

11§854a

Possession of burglar’s tools or instruments facilitating theft; class F felony
Identity theftIdentity theft passport; application; issuance
Class F felonyClass D felony – 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
District of Columbia  22-3227.01 to 3227.08 Identity theft in the first degreeIdentity theft in the second degree

Enhanced penalty

Restitution

Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) three times the value of the property obtained, or (3) three times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained or the amount of the financial injury is $250 or more.
Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained or the amount of the financial injury, whichever is greater, is less than $250.
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.
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 817.568 Criminal use of personal identification information817.568(2)(b)

817.568(2)(c)

817.568(4)

817.568(5)-Reclassification

817.568(6)

817.568(7)

817.568(8)(a)

817.568(8)(b)

817.568(8)(c)

817.568(9)

817.568(10)-Reclassification

817.568(13)(a)-Restitution

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.
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.
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.
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.
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.
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.
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.
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.
Georgia 16-9-121 to
16-9-128
Financial identity fraudPenalties

Restitution

It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. 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.
(a) A violation of this article, other than a violation of Code §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.
(c) 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.
Hawaii 708-839.6708-839.7

708-839.8

708-839.55

708-893

Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree
Unauthorized possession of confidential personal information
Use of a computer in the commission of a separate crime
Class A felonyClass B felony

Class C felony

Class C felony

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 18-312418-3125

18-3125A

18-3126

18-3126A

18-3127

18-3128

Fraudulent use of a financial transaction card or number
Criminal possession of financial transaction card, financial transaction number and FTC forgery devices
Unauthorized factoring of credit card sales drafts
Misappropriation of personal identifying information
Acquisition of personal identifying information by false authority
Receiving or possessing fraudulently obtained goods or services
Penalty for violation
Any person found guilty of a violation of §§18-3124, 18-3125A, 18-3126 or 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 §§18-3124, 18-3125A, 18-3126 or 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 section 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.
Illinois 720 ILCS 5/16G-1 to 720 ILCS 5/16G-40
2007 P.A. 95-60 
Identity Theft Law
Facilitating identity theft
Transmission of personal identifying information
Identity theftAggravated identity theft
Class A misdemeanor for first offense and Class 4 felony for subsequent offenses
Class A misdemeanor(1) A person convicted of identity theft in violation of paragraph (1) of subsection (a) shall be sentenced as follows: (A) 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. When a person has any such prior conviction, the information or indictment charging that person shall state the prior conviction so as to give notice of the state’s intention to treat the charge as a Class 3 felony. (B) 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. (C) 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. (D) 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. (E) Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony.
(2) 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.
(3) 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.
(4) 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 3 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.
(5) 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 Section 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 Section 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.
(1) Aggravated identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 3 felony. (2) 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. (3) 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. 4) Aggravated identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a Class X felony. (5) 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.
Indiana 35-43-5-1
34-43-5-3.5
Definitions
Identity Deception
Class D felony
The offense defined in subsection (a) is a Class C felony if (1) a person obtains, possesses, transfers, or uses the 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 715A-8 et seq.715A.9A Identity theftSeizure/forfeiture

Identity theft passport

Aggravated misdemeanor if under $1,000
Class D felony if exceeds $1,000
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. A victim injured by a violation of this section, or a financial institution that has indemnified a victim injured by a violation of this section, may file a claim as an interest holder pursuant to section 809A.11 for payment of damages suffered by the victim including costs of recovery and reasonable attorney fees.
Kansas 21-383021-4018

21-4603d

Vital records identity fraud
Identity theft, identity fraudRestitution
Severity level 8, nonperson felonySeverity level 8, nonperson felony
Severity level 5, nonperson felony if monetary loss is more than $100,000
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. 21-4018, 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.
Kentucky 514.160514.170 Theft of identityTrafficking in stolen identities Class D felony – 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.
Class C felonyIf a business commits either crime, the business also violates the Consumer Protection Act
Louisiana RS 14:67.16 Identity theftRestitution (1)(a) Whoever commits the crime of identity theft when credit, money, goods, services, or any thing 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.
(1)(b) 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 any thing 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.
(1)(c) Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing 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.
(2)(a) Whoever commits the crime of identity theft when credit, money, goods, services, or any thing 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.
(2)(b) 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 any thing 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.
(2)(c) Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing 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.
(3)(a) Whoever commits the crime of identity theft when credit, money, goods, services, or any thing 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.
(3)(b) 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 any thing 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.
(3)(c) Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing 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.
(4)(a) Whoever commits the crime of identity theft when credit, money, goods, services, or any thing 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. If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he 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.
(4)(b) 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 any thing 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. If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he 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.
(4)(c) Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing 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. If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he 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.
In addition to the foregoing penalties, a person convicted under this section may 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.
Maine 17-A§905-A Misuse of identification Class D crime
Maryland Criminal Law §8-301 to §8-305 Identity fraudIntent to manufacture, distribute or dispense identities
Assuming identity of another/Representation without authorization
Restitution

Identity theft passport

Misdemeanor where the benefit, credit, good, service, or other thing of value has a value of less than $500; punishable by imprisonment not to exceed 18 months or a fine not exceeding $5,000, or both
Felony where the benefit, credit, good, service, or other thing of value has a value of $500 or greater; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Felony; punishable by imprisonment not to exceed five years or a fine not exceeding $25,000, or both
Misdemeanor; and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both
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.
Massachusetts 266§37E Use of personal identification of another; identity fraud; penalty 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.
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 445.61 et seq. Identity Theft Protection Act Subject to subsection 6, a person who violates section 5 or 7 is guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $25,000, or both.
Minnesota 609.527 Identity theftRestitution

Crime of electronic use of false pretense to obtain identity

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 not more than 90 days or fined not more than $1,000, or both.
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 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, or both.
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 offense involves eight or more direct victims; or if the total, combined loss to the direct and indirect victims is more than $35,000, 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, or both.
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; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision.
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. 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.
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 97-19-8597-45-1 et seq.

97-45-29

Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of valueComputer crimes and identity theft

Identity theft passport

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. 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.
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. A person convicted under this section 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.
Missouri 570.223 Identity theft–penalty–restitutionTrafficking in stolen identities, crime of–possession of documents, exemptions–violations, penalty (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.
In addition to the provisions of subsection 3 of this section, 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.
Class B felony
Montana 45-6-33246-24-220 Theft of identityRestitution

Identity theft passport

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 attempted to be gained, punishable by fine in an amount not to exceed $1,000, imprisonment in the county jail for a term not to exceed six months, or both.
If an economic benefit of $1,000 or more was gained or attempted to be gained, punishable by fine an amount not to exceed $10,000, imprisonment in a state prison for a term not to exceed 10 years, or both.
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.
Nebraska 28-608 Criminal impersonation; penalty; restitution 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.
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.
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.
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.
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 205.461 et seq.205.464

205.465

205.4651

Obtaining and using personal identifying information of another person to harm person or impersonate personRestitution

Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee; penalties
Possession or sale of document or personal identifying information to establish false status or identity

Identity theft passport

Category B felony or Category C felony as specified
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.
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 he 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 he obtained and used in violation of subsection 1.
Category B felony or Category C felony as specifiedCategory C felony or Category E felony
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.
New Hampshire 638:25 to 638:27 Identity fraud Class A felony
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 2C:21-17 to 2C:21-17.6 Impersonation; theft of identity; crimeRestitution

Use of personal identifying information of another, certain; second degree crime
Trafficking in personal identifying information pertaining to another person, certain; crime degrees; terms defined

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.
Restitution to a victim of an offense under N.J.S.2C:21-1, N.J.S.2C:21-17, N.J.S.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.
Crime of the second degreeCrime of the fourth degree – one item pertaining to another person
Crime of the third degree – 20 items pertaining to five or more separate persons
Crime of the second degree – 50 items pertaining to five or more separate persons
New Mexico 30-16-24.1 Theft of identity
Obtaining identity by electronic fraud
Restitution
Fourth degree felony
Fourth degree felonyA 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 or credit rating or costs incurred in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense.
New York Penal Code 190.77 to 190.84 Identity theft in the third degree
Identity theft in the second degree
Identity theft in the first degree
Unlawful possession of personal identifying information in the third degree
Unlawful possession of personal identifying information in the second degree
Unlawful possession of personal identifying information in the first degree
190.78 Class A misdemeanor190.79 Class E felony

190.80 Class D felony

190.81 Class A misdemeanor

190.82 Class E felony

190.83 Class D felony

North Carolina 14-113.20 to 14-113.23 Identity TheftTrafficking in stolen identities
Restitution
Punishable as a 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
Punishable as a Class E felonyThe court may order a person convicted under G.S. 14-113.20 or G.S. 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 12.1-23-11 Unauthorized use of personal identifying information – Penalty Class B felony if the credit, money, goods, services, 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.
Ohio 2913.49109.94 Identity fraudIdentity fraud against an elderly person or disabled adult

Identity theft passport

Fifth degree felony unless:  1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the fourth degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the third degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the second degree.
Fifth degree felony unless:  1) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the third degree. 2) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the second degree. 3) If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,000 or more, identity fraud is a felony of the first degree.
Oklahoma 21§1533.1
2007 Chapter 16722-19b
Identity theftIdentity theft passport 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 to the victim may be ordered in addition to any criminal penalty imposed by the court.
Oregon 165.800
2007 Chapter 184
Identity theft
Aggravated identity theft
Class C felony
Class B felony
Pennsylvania Pa. Cons. Stat. tit. 18, §4120 Identity theft If the total value involved is less than $2,000, the offense is a misdemeanor of the first degree.
If the total value involved is $2,000 or more, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy, as defined in section 903, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is a third or subsequent offense, the offense is a felony of the second degree
When the victim of the offense is 60 years of age or older or a care-dependent person as defined in §2713 (relating to neglect of care-dependent person), the grading of the offense shall be one grade higher than specified in paragraph (1).
Rhode Island 11-49.1-1 to 11-49.1-5 Impersonation and Identity Fraud Act First offense punishable by imprisonment for not more than three years and may be fined not more than $5,000, or both.
Second offense punishable by imprisonment for not less than three years nor more than five years and shall be fined not more than $10,000, or both.
Subsequent offense punishable by imprisonment for not less than five years nor more than 10 years and shall be fined not less than $15,000, or both.
South Carolina 16-13-500 to 16-13-530 Personal Financial Security Act
Restitution
Felony; must be fined in the discretion of the court or imprisoned not more than 10 years, or both
The court may order restitution to the victim pursuant to the provisions of §17-25-322.
South Dakota 22-40-1 et seq. Identity theft Class 6 felony
Tennessee 39-14-15039-16-303 Identity theft
Identity theft trafficking
RestitutionUsing a false identification
Class D felony
Class C felonyThe 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. Property seized pursuant to this subsection (h) shall be seized and forfeited pursuant to the procedure set out in title 39, chapter 11, part 7. 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.
Class C misdemeanor
Texas Penal Code 32.51
2007 Chapter 1163
Fraudulent Use or Possession of Identifying Information
Identity Theft Enforcement and Protection Act
(1) State jail felony if the number of items obtained, possessed, transferred, or used is less than five; (2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10; (3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or (4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
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.
Utah 76-6-1101 to
76-6-1104
Identity fraudUnlawful possession of another’s identification documents Third degree felony if the value of the credit, goods, services, or any other thing of value is less than $5,000
Second degree felony if the value of the credit, goods, services, or any other thing of value is or exceeds $5,000
Class A misdemeanor or third degree felony
Vermont 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 18.2-152.5:118.2-186.3

18.2-186.3:1

18.2-186.5

Using a computer to gather identifying information; penaltiesIdentity theft; penalty; restitution; victim assistance

Identity fraud; consumer reporting agencies; police reports
Expungement of false identity information from police and court records; Identity Theft Passport

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.
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 6 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 5 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 6 felony.
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.
Washington 9.35.001 to 9.35-902 Improperly obtaining financial information
Identity theft
Class C felonyViolation of this section when the accused or an accomplice uses the victim’s means of identification or financial information and obtains an aggregate total of 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.
Violation of this section when the accused or an accomplice uses the victim’s means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than $1,500 in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony.
West Virginia 61-3-54 Taking identity of another person; penalty Felony; punished by confinement in the penitentiary not more than five years, or fined not more than $1,000, or both
Wisconsin 943.201943.203 Misappropriation of personal identifying information or personal identification documents
Unauthorized use of an entity’s identifying information or documents
Class H felonyClass H felony
Wyoming 6-3-901 Unauthorized use of personal identifying information; penalties; restitution 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.
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 $500.00 or more was gained or was attempted to be gained.
If a restitution plan is ordered pursuant to W.S. 7-9-101 through 7-9-115, the court may include, as part of its determination of amount owed pursuant to W.S. 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.
Federal Law The Identity Theft and Assumption Deterrence Act of 1998

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