Houston Criminal Attorney: Identity Theft

Identity theft occurs when someone uses another individual's personally identifying information without their consent, such as their name, Social Security number or credit or debit card information. With the advent of the internet identity theft has become much more common, and both Federal and State governments have established specific laws in order to combat it.

United States Federal law has two statutes that address the crime of identity theft: 18 USC 1028, passed in 1998, and 18 USC 1028A which was passed in 2004.
The offense of identity theft was established by section 1028(a)(7), which provides that a person is guilty of identity theft if he uses the identifying information of another in connection with any federal crime or any state or local felony. The federal crime of identity theft requires a predicate offense, i.e., a person can only be charged with identity theft if they first commit another crime while using a stolen identity.

18 USC 1028A established the offense of aggravated identity theft, prohibiting the use of identifying information belonging to another in regards to certain federal offenses and/or in relation to terrorism offenses.
Aggravated identity theft has a mandatory two-year sentence in the Bureau of Prisons. This sentence must be served consecutively to any other sentence.

The consecutive nature of sentencing is important because the case always involves two sentences; whatever the sentences for the underlying crime, a person charged with aggravated identity theft must serve two years after that. The only situation in which the court may sentence the defendant to concurrent sentences for aggravated identity theft is where there are multiple convictions for aggravated identity theft. In this instance, each two-year consecutive sentence for aggravated identity theft may be served at the same time, but always after the sentence on the underlying crime.
18 USC 1028A provides that a person is guilty of aggravated identity theft where he or she commits a crime and also “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.”
Some crimes which trigger the federal aggravated identity theft statute are:

• Theft of public money or property
• Theft, embezzlement, or misapplication by a bank officer or employee
• False personation of citizenship
• False statements made in connection with the acquisition of a firearm
• Any crime relating to mail, bank, and wire fraud
• Any crime relating to nationality, citizenship, passports, visas and various other immigration offenses
• False statements relating to Social Security programs

In the State of Texas identity theft falls under Tex. Penal Code Ann. § 32.51, if an individual obtains, possesses, transfers, or uses the following with the intent to harm or defraud another person:

• Identifying information of another person without their consent,
• A deceased person’s information that would be identifying if they were alive, and/or
• Identifying information of a person who is younger than 18 years old.

In Texas conviction for identity theft can result in a state felony depending on the number of pieces of identifying information the alleged offender had. This can include a person’s name, social security number, date of birth, address or financial institution account numbers.
Chapter 12 of the Texas Penal Code defines the standard penalties for identity theft offenses, and suggested punishments can increase depending on whether the alleged offender has been convicted for another felony offense, committed the offense against an elderly person, caused death or serious bodily injury to another person during the commission of the ID theft offense and/or used a weapon while committing or attempting to commit the offense. Penalties under Texas State Law include:

• State jail felony identity theft: 180 days to two years in Texas jail and/or a fine not more than $10,000.
• Third degree identity theft: two to ten years and/or fines not exceeding $10,000.
• Second degree identity theft: 20 year prison sentence and/or a fine up to $10,000.
• First degree identity theft: five to 99 years in prison or up to life in prison and/or a fine up to $10,000.

If you or one you know is currently under investigation for identity theft in Texas, Kuniansky & Associates are entirely committed to protecting your rights. We can provide a thorough evaluation of all the facts of your case, prepare a powerful defense, and use our strong courtroom skills and extensive experience to effectively advocate on your behalf. It is critical to your case that you hire a qualified criminal defense attorney right away. Visit www.kunianskylaw.com for a free case evaluation, or call (713) 622-8333 to speak with a qualified criminal defense attorney.