It wasn’t that long ago that you could easily abandon your true identity and “adopt” someone else’s name. Moreover, even “stealing” someone else’s identity rarely 
resulted in harm to the victim of the theft because no one was the wiser. With the advent of the internet and the computer age, however, that all began to change. Today, it is exponentially harder to protect against identity theft because all our vital information can be accessed by the click of a button. In an effort to discourage would be criminals, both the federal and state governments are continually increasing the penalties for computer related crimes, including identify theft. In case you were recently charged with identify theft, a Murfreesboro criminal defense attorney at Bennett, Michael & Hornsby provides an overview of identity theft laws and the potential penalties for a conviction.
Tennessee Law
In Tennessee, the offense of identity theft is defined in 2010 Tennessee Code Section 39-14-150, referred to as the Identity Theft Victims’ Rights Act of 2004, which reads, in pertinent part, as follows:
- A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, 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;
- Without the consent of such other person; or
- Without the lawful authority to obtain, possess, buy or use that identifying information.
- A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another:
- With the intent that the information be used by someone else 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 the other person; or
- Under circumstances such that the person should have known that the identifying information would be used by someone else 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 the other person; and
- The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and
- The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information.
- 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;
How Serious Is the Crime of Identity Theft in Tennessee?
Identity theft is charged as a class D felony in the State of Tennessee carrying a prison sentence of between two and 12 years and a fine of up to $5,000. In addition to incarceration and/or a fine, the judge may order restitution to be paid to the victim in an amount up to three times the actual damages. Identity theft trafficking is charged as a Class C felony which carries three to 15 years in prison and/or a fine of up to $10,000 in addition to any restitution ordered by the court.
Federal Law
In 1998, the United States federal government passed the “Identity Theft and Assumption Deterrence Act,” making it a federal crime for a person who “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.” That law was followed up by the Theft Penalty Enhancement Act in 2004 which increased penalties for “aggravated” identity theft. The 2004 law requires courts to impose additional sentences of 2 years for general offenses and 5 years for terrorism related offenses if the identity theft meets the criteria for an “aggravated” theft.
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with identity theft in Tennessee, consult with an experienced Tennessee criminal defense attorney as soon as possible to discuss your legal options. In Tennessee contact a Murfreesboro criminal defense attorney at Bennett, Michael & Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your appointment.
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