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Identity Theft

Written by Darren Kavinoky

Friday, 26 May 2006

Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. This information enables the identity thief to commit numerous forms of fraud which include, but are not limited to, taking over the victim's financial accounts, opening new bank accounts, purchasing automobiles, applying for loans, credit cards and social security benefits, renting apartments, and establishing services with utility and phone companies.

California Penal Code Section 530.5 defines identity theft, which reads in pertinent part:

"(a) Every person who willfully obtains personal identifying information of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information in the name of the other person without the consent of that person, is guilty of a public offense."

California classifies identity theft as either a misdemeanor or a felony. This is called a "wobbler" offense. Misdemeanors are those crimes punishable by up to one year in county jail. Felonies are those crimes which are punishable by a term in state prison. It is up to the prosecutor to charge the defendant, and if convicted, up to the judge to sentence the crime as either a misdemeanor or felony.

Identity theft is punishable as a misdemeanor by up to one year in county jail and/or a fine of up to $1,000. It may also be punished as a felony by imprisonment in the state prison and/or a fine up to $10,000.

Identity theft is also used by criminals, to avoid capture and punishment. The most common methods are:

The thief is cited or arrested for a crime and uses your name for police records.
The thief is charged and prosecuted in your name so your name now appears in court records.
The thief is convicted in your name of a crime.
Your name is somehow mistakenly associated with a record of a criminal conviction of some other individual.

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