Penalties In Idaho For An Identity Theft Conviction

If you or someone you know has been a victim of identity theft in the state of Idaho, then there are a few things that you should know about how convictions for identity theft are handed down and about the identity theft penalties within the state of Idaho.

The Identity Theft Penalties in Idaho

While identity theft is generally a thoroughly investigated and prosecuted crime in general, the state of Idaho takes identity theft especially seriously.  You will find that there are several codes in the state of Idaho that govern the crime of identity theft.  They are entitled Identity Theft Law – Idaho Code subsections 18-3124-3128. 

• Code 18-3124 pertains to the fraudulent use of a financial transaction card or number.  
• Code 18-3125 deals with the criminal possession of a financial transaction card, a financial transaction number or any forgery devices.  
• Code 18-3125A refers to the unauthorized factoring of credit sales drafts.  
• Code 18-3126 deals with the misappropriation of personal identifying information.  
• Code 18-3127 applies to the receiving or possession of fraudulently obtained goods or services.  
• Code 18-3128 is the general code for identity theft. 
• These subsections also include subsection 18-3125A, and 18-3126A as well.  Each subsection describes a form of identity theft and the penalty for it. 

Any individual who is found guilty of any of the abovementioned violations will be charged with a misdemeanor offense.  The crime of identity theft, depending on the subsections of the state code that the crime falls under, will only be charged as a felony offense if the violator charged more than $300 under any of the circumstances governing the subsections noted above.  However any violations of the codes 18-3124, 18-3125A, or 18-3127 will be considered a felony.   Additionally, if a person is charged for identity theft under Idaho state codes 18-3125, 18-3126 or 18-3126A, he is automatically charged with a felony.  There is no leeway for the latter of these charges.
 
If a person is charged with a misdemeanor under any of the codes listed above, the penalty is a fine of $1000 or less and one year of jail time.  The penalties for the misdemeanor charge could include both the fine and the jail time, depending on the severity of the crime.
 
If a person is charged with a felony, then the penalty in the state of Idaho can be up to $50,000 and prison time of up to five years or any combination of the two.

Getting Help

For more information on Idaho criminal law governing the crime of identity theft, also known as false pretenses, cheats and misrepresentations under Idaho criminal law, you may consider contacting an Idaho based criminal law attorney. Your attorney can help you to deal with charges against you, as well as help you to understand the penalties you are facing, and assist you in building a defense.