Identity theft has become one of the most common and damaging crimes in the United States, with one in 10 persons falling victim to identity theft each year, according to U.S. Bureau of Justice Statistics. Identity theft occurs when someone uses another person’s personal information, such as Social Security numbers, credit card details, or bank account information, without permission, typically for financial gain. If you have been charged with identity theft in Tennessee, it is crucial to understand the potential consequences of a conviction. With that in mind, a Murfreesboro criminal defense attorney at Bennett &
Michael explains what you need to understand about the crime of identity theft in Tennessee.
What Is Identity Theft in Tennessee?
According to the U.S. Bureau of Justice Statistics, over 24 million people each year are victimized by identity theft. Moreover, financial losses caused by identity theft topped $16 million in one recent year. As technology continues to get both more complicated and more accessible, law enforcement agencies have taken a heightened interest in identity theft crimes.
Whether at the state or federal level, identity theft involves the unauthorized use of someone else’s personal or financial information. In Tennessee, the criminal offense of identity theft is governed by Tennessee Code Annotated § 39-14-150 which defines the crime as knowingly obtaining, possessing, buying, or using, the personal identifying information of another with the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person AND:
- Without the consent of such other person.
- Without the lawful authority to obtain, possess, buy or use that identifying information; or
- To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider.
Federal Laws Governing Identity Theft
In addition to Tennessee state laws making identity theft a crime, the U.S. government may also have jurisdiction over conduct related to identity theft, particularly if the crime involves interstate activities or federal programs. The primary federal law addressing identity theft is the Identity Theft and Assumption Deterrence Act of 1998 which makes it illegal to knowingly use or transfer someone else’s identification with the intent to commit unlawful activities. Identity theft is most likely to be investigated and prosecuted by the federal government when it affects multiple states, involves significant financial harm, or is connected to other federal crimes, such as wire fraud or bank fraud.
What Is the Potential Penalty for an Identity Theft Conviction in Tennessee?
If you are prosecuted and convicted by the State of Tennessee for identity theft, the potential penalties will depend, to come extent, on factors such as the monetary value of the loss and your criminal history (or lack thereof). Generally, identity theft is classified as a Class D felony in Tennessee, punishable by two to 12 years in prison, fines of up to $5,000, and restitution to the victims for financial losses incurred. If the crime involves additional offenses, such as theft of property or fraud, you could face additional charges and penalties. Moreover, if the total amount of goods or services that were stolen exceeds $10,000, you could face enhanced charges and penalties under Tennessee’s theft laws.
At the federal level, the potential penalties you face for an identity theft conviction can be even more severe. For example, a conviction under the Identity Theft and Assumption Deterrence Act can result in up to 15 years in federal prison, hefty fines, and restitution payments to victims. In some cases, federal prosecutors may also seek additional penalties if identity theft is used in the commission of terrorism, which carries enhanced punishments.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with identity theft at the state or federal level in the State of Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett & Michael as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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