Identity Theft: What You Need to Know
When most people think of theft they generally think of someone stealing personal property from a vehicle or a home. Sadly, theft can be much more than stealing physical property. Identity theft is also a form of stealing and often has much more serious ramifications.
Here are some things you should know about identity theft and how law enforcement deals with the crime in Tennessee.
What Constitutes Identity Theft?
Identity theft involves the act of obtaining personal or financial information of someone else for the purpose of assuming his or her name and identity for financial gain. The identity thief will use your information to obtain a social security number, credit or credit card numbers, bank account numbers, and more to assume your identity and make transactions in your name.
Identity theft ranges from simple to highly technical. Some will go through your trash to obtain your financial statements. Others employ highly technical methods to gather personal information through computer databases through hacking large amounts of data at a time.
Once an identity thief has your information, he or she can use it to use your persona however they want. You could suffer damage to your credit rating which could cause trouble obtaining employment or a home.
Not all identity theft deals with a criminal who wants to obtain financial gain. In some jurisdictions in Tennessee, the unauthorized use of another person's social media account can result in a charge of identity theft.
Are There Different Types of Identity Theft?
Identity theft comes in many forms, which include financial, medical, criminal, child identity, and others.
In a case of criminal identity theft, the thief will represent him or herself as someone else to avoid arrest, summons, or to prevent the discovery or a warrant.
In cases of medical identity theft, a person will use your identity to represent him or herself to avoid paying for medical care.
Financial identity thieves will take your financial information and use it to purchase goods or obtain credit.
Child identity thieves take a child's identity to use it for his or her personal gain in different ways. Children do not generally have associated information which would pose problems for the thief, as opposed to the obstacles present for an adult.
Identity thieves use a child's social security number to get employment, loans, a lease, to avoid criminal prosecution, and more.
Another form of identity theft is synthetic identity theft. This is a form of identity theft in which the criminal uses a physical form of stolen information to make a new identity, such as a doctored driver's license. The thief will then use the information to open fake accounts to make purchases.
How Does Tennessee Deal with Identity Theft?
In Tennessee, identity theft is prosecuted separately to other crimes. Anyone who is suspected of stealing someone else's identity will face a Class D felony charge. If the identity thief is convicted, the penalty can result in up to 12 years in prison along with a $5,000 fine.
Additionally, the state of Tennessee may also work to recover legal expenses from the convicted identity thief. Victims can also seek justice for their losses through a civil trial. A victim of identity theft can potentially receive up to three times the amount of his or her losses in addition to legal expenses.
If you have experienced identity theft or if you have any questions about a criminal law matter, please contact us at The Law Office of Joe R. "Jay" Johnson II. We can help you get started on the path to recovering your assets, identity, and prosecuting the guilty party.
