State

Statutory Citation

Title

Penalty

Up Alabama

13A-8-190 to
13A-8-201
2006 Act 148

The Consumer Identity Protection Act

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.

Up Alaska

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

Up Arizona

13-2008

Taking identity of another person; classification

Class 4 felony

13-2009

Aggravated taking identity of another person or entity;classification

Class 3 felony

13-2010

Trafficking in the identity of another person or entity; classification

Class 2 felony

Up Arkansas

5-37-227
5-37-228

Financial identity fraud
Identity theft passport

Class C felony

Up California

Penal Code 530.5 to 530.8

Upon conviction a person shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed $1,000, or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed $10,000, or both that imprisonment and fine.
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 therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,000, or by both that imprisonment and fine.
Every person who, with the intent to defraud, acquires, transfers, or retains possession of the personal identifying information, as defined in subdivision (b), of another person who is deployed to a location outside of the state is guilty of a public offense, and upon conviction therefore, shall be punished by imprisonment in a county jail not to exceed one year, or a fine not to exceed $1,500, or by both that imprisonment and fine.

Up Colorado

18-5-901 et seq.
2006 Chap. 289

Identity theft
Criminal possession of a financial device

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

Gathering identity information by deception

Class 5 felony

Possession of identity theft tools

Class 5 felony

Up Connecticut

53a-129a et seq.

Identity theft in the first degree

Class B felony - the value of the money, credit, goods, services or property obtained exceeds $10,000

Identity theft in the second degree

Class C felony - the value of the money, credit, goods, services or property obtained exceeds $5,000

Identity theft in the third degree

Class D felony

Trafficking in personal identifying information

Class D felony

Up Delaware

11§828

11§854

11§854a
2006 Chap. 338

Possession of burglar’s tools or instruments facilitating theft; class F felony

Identity theft
Identity theft passport; application; issuance

Class F felony

Class D felony

Up District of Columbia

22-3227.01 to 3227.08

Identity theft in the first degree





Identity theft in the second degree



Enhanced penalty

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.

Up Florida

817.568

Criminal use of personal identification information

817.568(2)(a) Third degree felony
817.568(2)(b) Second degree felony
817.568(2)(c) First degree felony
817.568(4) First degree misdemeanor
817.568(5) reclassification
817.568(6) Second degree felony
817.568(7) Second degree felony
817.568(8)(a) Third degree felony
817.568(8)(b) Second degree felony
817.568(8)(c) First degree felony
817.568(9) Third degree felony
817.568(10) reclassification

Up Georgia

16-9-121 to
16-9-128

Financial identity fraud

Punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both for first offense
Punishable by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both for subsequent offenses

Up Hawaii

708.839.6
708.839.7
708-839.8
2006 Act 139

Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree
Unauthorized possession of confidential personal information

Class A felony

Class B felony

Class C felony

Class C felony

Up Idaho

18-3124


18-3125




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 section 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 section 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.

Up Illinois

720 ILCS 5/16G-1 to 720 ILCS 5/16G-25



2006 P.A. 94-0827




2006 P.A. 94-0969

Identity theft

Methamphetamine Enhancement
Aggravated identity theft

Transmission of personal identifying information
Facilitating identity theft

Class 4 felony if under $300 in value for first offense
Class 3 felony for subsequent offense
Class 3 felony if between $300 and $2,000
Class 2 felony if between $2,000 and $10,000
Class 1 felony if between $10,000 and $100,000
Class X felony if exceeds $100,000
Class 2 felony for first offense and Class 1 felony for subsequent felonies
Class 3 felony if under $300 in value
Class 2 felony if between $300 and $10,000
Class 1 felony if between $10,000 and $100,000
Class X felony if exceeds $100,000
Class A misdemeanor

Class A misdemeanor for first offense and Class 4 felony for subsequent offenses

Up Indiana

35-43-5-1
34-43-5-3.5
2006 P.L. 125

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

Up Iowa

614.4A
714.16B
715A-8 et seq.
715A.9A
2006 H.F. 2506

Identity theft



Identity theft passport

Aggravated misdemeanor if under $1,000
Class D felony if exceeds $1,000

Up Kansas

21-3830

21-4018
2006 S.B. 196

Vital records identity fraud
Identity theft

Severity level 8, nonperson felony

Severity level 8, nonperson felony
Severity level 5, nonperson felony if monetary loss is more than $100,000

Up Kentucky

514.160
514.170

Theft of identity
Trafficking in stolen identities

Class D felony
Class C felony
If a business commits either crime, the business also violates the Consumer Protection Act

Up Louisiana

RS 14:67.16




2006 Act 241

Identity theft

Punishable by imprisonment for not more than six months or fined not more than $500, or both if less than $300 for first offense. Punishable by imprisonment for not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses.
Punishable by imprisonment, with or without hard labor, for not more than one year, or fined not more than $500, or both when the victim is at least 60 or disabled. Punishable by imprisonment for not less than six months and not more than three years, with or without hard labor, or fined not more than $3,000 for subsequent offenses.
Punishable by imprisonment, with or without hard labor, for not more than three years, or fined not more than $3,000, or both if between $300 and $500
Punishable by imprisonment, with or without hard labor, for not less than six months and for not more than three years, or fined not more than $3,000, or both when the victim is at least 60 or disabled
Punishable by imprisonment, with or without hard labor, for not more than five years, or fined not more than $5,000, or both if between $500 and $1,000
Punishable by imprisonment, with or without hard labor, for not less than one year and for not more than five years, or fined not more than $5,000, or both when the victim is at least 60 or disabled
Punishable by imprisonment, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both if $1,000 or more
Punishable by imprisonment, with or without hard labor, for not less than two years and for not more than 10 years, or fined not more than $10,000, or both when the victim is at least 60 or disabled

Up Maine

17-A§905-A

Misuse of identification

Class D crime

Up Maryland

Criminal Law §8-301 to §8-305









2006 Chap. 607

Identity fraud








Intent to manufacture, distribute or dispense identities
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

Up Massachusetts

266§37E

Use of personal identification of another; identity fraud; penalty; restitution

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.

Up 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.

Up Minnesota

609.527

Identity theft

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 $700, 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 four or more 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.

Up Mississippi

97-19-85






97-45-1 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 value
Computer 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.
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/

Up Missouri

570.223

Identity theft--penalty--restitution
















Trafficking in stolen identities, crime of--possession of documents, exemptions--violations, penalty

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.
Class B felony

Up Montana

45-6-332










46-24-220

Theft of identity










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.

Up 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.

Up Nevada

205.461 et seq.



205.464






205.465




205.4651

Obtaining and using personal identifying information of another person to harm person or for unlawful purpose
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 E felony

Category B felony if victim is an older person or vulnerable adult


Category B felony of Category C felony






Category C felony or Category E felony
Category B felony if victim is an older person or vulnerable adult

Up New Hampshire

638:25 to 638:27

Identity fraud

Class A felony

Up New Jersey

2C:21-17 to 2C:21-17.6

Impersonation; theft of identity; crime















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
Crime of the second degree



Crime 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

Up New Mexico

30-16-24.1

Theft of identity
Obtaining identity by electronic fraud

Fourth degree felony
Fourth degree felony

Up 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 misdemeanor

190.79 Class E felony

190.80 Class D felony

190.81 Class A misdemeanor



190.82 Class E felony



190.83 Class De felony

Up North Carolina

14-113.20 to 14-113.23

Identity Theft





Trafficking in stolen identities

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 felony

Up 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.

Up Ohio

2913.49



























109.94

Identity fraud













Identity 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.

Up Oklahoma

21§1533.1



22-19b

Identity theft



Identity theft passport

Felony offense punishable by imprisonment for a period not to exceed two years, or a fine not to exceed $100,000, or by both such fine and imprisonment

Up Oregon

165.800

Identity theft

Class C felony

Up Pennsylvania

18 Pa.C.S.A. §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

Up 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.

Up South Carolina

16-13-500 to 16-13-530

Personal Financial Security Act

Felony; must be fined in the discretion of the court or imprisoned not more than 10 years, or both

Up South Dakota

22-40-1 et seq.

Identity theft

Class 6 felony

Up Tennessee

39-14-150

39-16-303

Identity theft
Identity theft trafficking
Using a false identification

Class D felony
Class C felony
Class C misdemeanor

Up Texas

Penal Code 32.51

Business & Commerce Code 48.001 et seq.

Fraudulent Use or Possession of Identifying Information
Identity Theft Enforcement and Protection Act

State jail felony

Up Utah

76-6-1101 to
76-6-1104

Identity fraud





Unlawful 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

Up Vermont

13 § 2030

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 ten years or fined not more than $10,000, or both. 

Up Virginia

18.2-152.5:1





18.2-186.3


















18.2-186.3:1

18.2-186.5

Using a computer to gather identifying information; penalties




Identity 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.

Up Washington

9.35.001 to 9.35-902

Improperly obtaining financial information
Identity theft

Class C 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 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.

Up 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

Up Wisconsin

943.201

Misappropriation of personal identifying information or personal identification documents

Class H felony

Up 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