State Laws on Identity Theft

Though the specifics are different, all 50 states have some type of identity-theft legislation in place. The National Conference of State Legislatures reported in 2010 that 11 states have created programs to help the victims of identity theft. The District of Colombia, Guam, and 29 states have specific laws requiring the perpetrators of identity theft to make restitution to their victims.

Alabama: Making Crime Pay

Anyone convicted of identity theft in Alabama can be ordered to make restitution not only to the person whose identity was stolen but to "any other person or entity that suffers a loss from the violation." Those sentenced to serve time in any Alabama correction facility for the crime of identity theft must pay $25 each day that they are incarcerated. Any medical expenses they incur while in prison are the responsibility of the inmate.

D.C.: Protecting the Elderly

The District of Columbia has enacted legislation to help protect senior citizens from becoming victims of identity theft. Persons who are convicted of identity theft and ordered to pay a fine can expect that fine to be up to 1 times more if the victim was 65 years or older at the time of the crime. Prison sentences can also be up to 1 times longer if the victim of the crime was 65 or older. In order to avoid extra punishment, identity theft defendants must be able to reasonably argue that they did not know and had no way to determine that their victim was 65 or older.

Oregon: Repeat Offenders

Oregon recognizes both identity theft and aggravated identity theft as crimes. Aggravated identity theft is essentially identity theft involving several transactions, large amounts of money ($10,000 or more within 180 days), or multiple pieces of personal identification (10 or more pieces from 10 or more different persons). Oregon law mandates prison sentences of 19 months for both identity theft and aggravated identity theft but requires longer sentences for people who have been convicted previously of theft-related crimes. When sentencing those charged with identity theft, a judge must add additional jail time if the defendant has previously been convicted of first-degree aggravated theft, the unauthorized use of a vehicle, first- or second-degree burglary, first- or second-degree robbery, possession of a stolen vehicle, trafficking in stolen vehicles, or aggravated identity theft. Aggravated identity theft prison times must be extended for defendants who have been previously convicted of first-degree aggravated theft, first-degree burglary, first- or second-degree robbery, or aggravated identity theft.