IDENTITY CRIMES

As technology continues to transform the lives of citizens throughout the world, more and more people are relying on automated and computerized services to complete all kinds of transactions. However, with this transformation, there has also been a corresponding rise in all forms of identity theft. Identity theft also remains an issue for more traditional forms of commerce as well. In response to the rise in these types of crimes, law enforcement has devoted more resources than ever and has become much more aggressive in tracking down people who they think have committed identity crimes.

This application of resources means more than ever if someone is charged with an identity crime, they must take steps to defend themselves, using strategic defenses to preserve their innocence and freedom.

To protect your rights and give you the best possible chance at minimizing the impact of an identity crime charge, it is important that you speak with one of the skilled and experienced defense attorneys at Decker & Jones as soon as possible.

A person can be charged with identity theft if they use the personal or financial identifying information, or financial device of another without permission with the intent to obtain anything of value. They can also be charged if they possess the personal or financial identifying information, or financial device of another person without permission or lawful authority, with the intent to use that information or device to obtain anything of value.

Identity theft charges can also be filed if a person intends to defraud, or falsely makes, completes, alters a written instrument or financial device containing any personal identifying information or financial identifying information of another person. They can also be charged if they use financially identifying information without permission to apply for financing or an extension of credit of they use that information to obtain a government-issued document.

Identity theft is a class 4 felony.

A person can be charged with criminal possession of a financial device if that person is in possession or has control of a financial device which they reasonably should know is lost, stolen, or delivered under mistake and is related to the identity or address of the account holder.

Criminal possession of a financial device can be a class 5 or 6 felony, or a class 1 misdemeanor.

A person can be charged with criminal possession of an identification device if they possess or have under their control another person’s driver’s license, government-issued identification card, social security card, or passport, and they control this document knowingly without permission or lawful authority.

Criminal possession of an identification document can be a class 6 felony or a class 1 misdemeanor.

A person can be charged with gathering identity information by deception if the individual makes or conveys a materially false statement, without authority, and with the intent to obtain, record, or access the personal or financial identifying information of another.

Gathering identity information by deception is a class 5 felony.

A person can be charged with possession of identity theft tools if they possess tools, equipment, a computer, a computer network, a scanner, a printer, or any other article that has been adapted, designed, or is commonly used to commit identity theft, and is intended to be used in the commission of an identity theft crime.

Possession of identity theft tools is a class 5 felony.

A person can be charged with computer crime if they commit any of the following acts:

• Access a computer, computer network, or computer system without authorization, or exceed authorized access to such items.
• Access any computer, computer network, or computer system to devise or execute any scheme to defraud.
• Access any computer, computer network, or computer system by means of false or fraudulent pretenses, representations, or promises, through which money, property, services, passwords or similar information may be accessed.
• Access any computer, computer network, or computer system to commit theft.
• Without authorization or in excess of authorized access alters, damages, interrupts, or impairs the proper functioning of any computer, computer network, computer system or computer software program.
• If a person causes the transmission of a computer program, software, information, code, data, or the like by means of a computer, computer network, or computer system with the intent to cause damage to or to cause the interruption or impairment of any computer, computer network or computer system.
• If a person implements a software application that runs automated tasks over the internet to access a computer, computer network, or computer system that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets purchased by any one person.

All types of identity theft charges are serious and can result in significant fines and jail time. To give yourself the best possible chance of preserving your freedom and protecting your rights, it is essential that you talk to one of the experienced defense attorneys at Decker & Jones as soon as you are charged or if you believe you may be charged with a theft crime.