Is identity theft a felony?

Identity theft involves someone stealing personal identifying information in order to gain access to accounts, medical services, or to open accounts for financial and other gain. The rules can vary by state, so for example, if you live in Alaska you need to know rules in Alaska for an identity theft conviction, while if you live in any other state, you'll need to know that state's particular rules. Whether or not identity theft is a felony depends on a variety of factors: 

• What was the identity theft used to do?  In other words, what was the motive for the theft?

• Was another felony committed during or as a result of the identity theft?

• What the specific statutes in the state where the identity theft occurred?

• Was mail stolen in the commission of the identity theft?

In many states, identity theft is considered a felony when: 

• Mail is stolen in committing the identity theft

• When the amount of money exceeds a particular threshold

• Using a social security number and other information in order to gain a passport or other identification

• The theft results in the death of another person – for example, in cases when medical identity theft occurred, and an individual’s medical records are compromised, and later they are given the wrong blood type based on false medical information in their records, the death of the identity theft victim will make the original theft a felony.

There are several other instances when identity theft can be a felony, so if you are faced with identity theft charges, you should always consult with an attorney to understand the potential consequences and how to defend yourself against them.