Identity Theft and Aggravated Identity Theft Charges, Explained

At the time of this writing, identity theft generally means using another person’s identifying information, such as a name, Social Security number, account number, login, or date of birth, without permission to obtain money, credit, goods, or services, or to commit another crime. Florida, Ohio, and North Carolina each have their own identity theft laws, and federal law includes both a general identity fraud statute and an “aggravated identity theft” law that is often added to other federal fraud charges.

Attorney Ron Frey has practiced criminal defense since 2004 and is licensed in Florida, Ohio, and North Carolina, and is admitted in the Middle and Southern Districts of Florida, the Northern and Southern Districts of Ohio, and the Western and Eastern Districts of North Carolina. Drawing on his experience handling many internet and computer crime cases, he has found that identity theft cases often depend on whether the person charged actually used the information, and whether they had permission or believed they did. Because these laws, and court rulings interpreting them, change regularly, anyone facing these charges should talk with an attorney about the current law.

What Is Identity Theft Generally?

Identity theft charges commonly arise from online accounts opened in another person’s name, unemployment or benefits applications, credit card and loan applications, account takeovers, and the purchase or sale of personal data. Some cases involve family members or former partners, where questions about permission are central. Others are part of larger fraud investigations involving many people.

State vs. Federal Identity Theft Cases

Many identity theft cases are prosecuted at the state level. Federal cases are more common when the conduct involved many victims, federal benefits, financial institutions, or interstate schemes. In federal court, aggravated identity theft is often added to wire fraud or bank fraud charges, and in a recent decision, the U.S. Supreme Court generally limited when that add-on charge applies. See our page on online wire fraud and crypto fraud and our post on computer and internet crimes in both state and federal court.

Common Evidence and How These Investigations Work

Evidence typically includes application and account records, IP and device data, email accounts, delivery addresses, bank records, and surveillance video from stores or ATMs (see video evidence). Because personal data is widely available after data breaches, the fact that someone’s information was used does not by itself show who used it.

How Attorney Ron Frey Approaches Identity Theft Cases

Every case is different, but drawing on his experience handling many of these cases, Attorney Ron Frey generally looks closely at:

• Attribution. Whether the evidence actually ties the person to the applications, accounts, or transactions.
• Permission. Whether the person had, or reasonably believed they had, authorization to use the information.
• The number of victims and amounts alleged. These often affect how a case is charged.
• How federal add-on charges apply. Including whether the use of identity was central to the alleged fraud.
• The person’s background. Many people charged have no record. See our guide to a first-offense internet crime charge.

What to Do If Contacted by Law Enforcement

Identity theft investigations often begin with a detective’s call, a bank inquiry, or a federal target letter. Attorney Ron Frey generally advises that a person contacted about the use of someone else’s information exercise the right to remain silent and consult an attorney before explaining accounts, applications, or relationships. See our guide to a federal target letter.

The Laws Involved

In Florida, identity theft is generally addressed under Section 817.568, Florida Statutes (criminal use of personal identification information). In Ohio, these cases are typically charged under R.C. 2913.49 (identity fraud), and in North Carolina under G.S. 14-113.20 (identity theft). In the federal system, identity theft is typically charged under 18 U.S.C. § 1028 (fraud and related activity in connection with identification documents, authentication features, and information) and 18 U.S.C. § 1028A (aggravated identity theft). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.

Why Talk With an Attorney About the Details?

A website can only offer a general picture. Identity theft laws and the court decisions interpreting them change regularly. It is important to discuss the details of any specific situation with an attorney at the time it arises.

Talk With Attorney Ron Frey About an Identity Theft Charge

If you are facing an identity theft or identity fraud charge, or are under investigation, contact Attorney Ron Frey of The Frey Law Firm, LLC. You can also read more about financial crimes.

This page is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Laws change, and how they apply depends on the facts of each case.