Alabama has several criminal laws that penalize different types of identity theft. Depending on the circumstances, anyone who commits identity theft in Alabama could face one or more of the following criminal charges.
In Alabama you commit identity theft when, with the intent to defraud and without the victim’s permission, you do any of the following:
Anyone who commits identity theft in Alabama commits a Class B felony.
(Code of Alabama section 13A-8-192)
Alabama also makes it a crime to deal in stolen information, identifying documents, or identifying information with the purpose of committing identity theft. You commit this crime when you intend to or actually possess, sell, transfer, purchase, or manufacture any identifying documents without the authorization or consent of the victim. Trafficking in stolen identities is also a Class B felony.
(Code of Alabama section 13A-8-193)
If you use any fake identification, fictitious documentation, or other false identifying information to avoid a summons, arrest, criminal prosecution, or in any way impede a criminal investigation, you commit the crime of obstructing justice using a false identity. This crime is punishable as a Class C felony.
(Code of Alabama section 13A-8-194)
If you portray yourself as a business or organization and use e-mail, a website, or other Internet solicitation to ask others to submit identifying information, you commit the crime of phishing, a Class C felony.
(Code of Alabama section 13A-8-114)
If you assume a false identity to fraudulently gain an economic benefit, or pretend to represent an organization or an individual in order to fraudulently gain an economic benefit, you commit the crime of criminal impersonation in Alabama. This crime is a Class B misdemeanor.
(Code of Alabama section 13A-9-18)
Each class of crime in Alabama has its own penalties associated with it. Alabama also has sentencing laws that impose higher penalties against those who have committed prior crimes. For more information about felony and misdemeanor sentencing in Alabama, read Alabama Felony Crimes by Class and Sentences, and Alabama Misdemeanor Crimes by Class and Sentences.
If you’re facing an identity theft charge in Alabama, you need to speak to a criminal defense lawyer as soon as you can. An attorney who has experience negotiating with area prosecutors and who is familiar with local judges is the only person who can give you reliable legal advice. If you make any decision about your case without first speaking to an attorney near you, you could damage your chances of successfully defending your rights during the criminal justice process.