Indianapolis Identity Theft Lawyer

Identity theft is a serious fraud crime. With more and more people using online banking, messaging, and shopping accounts, it’s never been easier to use another person’s identifying information for financial gain. As such, law enforcement and prosecutors will vigorously pursue you if they suspect you of committing identity theft.

The police and the prosecutor will pretend to be on your side. They will tell you that it’s in your best interest to admit fault and to move on with your life. But they’re just trying to make their job easier by obtaining a confession.

What are the Penalties for Identity Theft in Indiana?

There are several Indiana statutes that pertain to identity theft, or identity deception as it is called in the penal code. The basic identity theft law is at section 35-43-5-3.5 of the Indiana penal code. It makes it illegal to knowingly or intentionally obtain, possess, transfer, or use the identifying information of any person besides yourself (including deceased people) without that person’s consent, and with the intent to:

• Harm or defraud another person (fraud occurs any time you lie, someone believes that lie, and you profit as a result)
• Assume another person’s identity
• Pretend to be someone else besides yourself

Generally, this form of identity theft is a level 6 felony punishable by six months to two and a half years of prison and a fine of up to $10,000. Under the following circumstances, however, identity theft is treated as a level 5 felony carrying a sentence of one to five years in prison and fines of up to $10,000:

• You allegedly stole the identities of more than 100 people
• The fraud or harm to the victims exceeded $50,000
• One or more of the victims was under 18 years of age, and is your child, dependent, or someone else of whom you are the guardian

Importantly, you can still be convicted of identity theft even if no one was actually harmed. For example, if the police provide the prosecutor with evidence that you stole credit card numbers, but there is no evidence that you used them, you may still face felony charges.

The above penalties do not apply when a minor uses a fake ID to buy cigarettes or any other product not for sale to minors. Similarly, felony charges would not apply to someone under the age of 21 who used a fake ID to purchase alcohol. In both of these scenarios, misdemeanor charges would apply, resulting in a $500 fine and a one-year driver’s license suspension.

Penalties for Synthetic Identity Theft in Indiana

The Indiana penal code addresses synthetic identity theft – or synthetic identity deception – at section 35-43-5-3.8. This section is identical to the one addressing simple identity deception, except that it addresses the use of synthetic identifying information. Under Indiana law, synthetic identifying information refers to a fictional identity that is created by taking bits and pieces of actual identifying information, such as:

• Someone’s name, address, place of employment, Social Security number, mother’s maiden name, or a government ID number
• Biometric data such as fingerprints or a retinal image
• Telecommunication identification such as usernames, passwords, and phone numbers
• Bank or credit card numbers, PIN codes, and account or routing numbers

When it comes to synthetic identity theft, the penalties are the same as for simple identity theft: generally a Level 6 felony, but a Level 5 felony when aggravating circumstances apply. When minors are accused, they will face misdemeanor charges if they committed synthetic identity deception to obtain alcohol, cigarettes, or other age restricted products.