What is Identity Theft in Illinois?

 Posted on July 09, 2021 in DuPage County criminal defense attorney

Identity theft is when someone takes another person’s personal information for the purpose of committing fraud, according to the Federal Trade Commission, which is tasked with helping victims recover from such a crime. Individuals convicted of identity theft or other computer crimes face significant criminal penalties. Although identity theft is fairly common, it’s often confused with other crimes. So, what is considered identity theft in Illinois?

Identity Theft in Illinois

In the Prarie State, the legal definition of identity theft mirrors how the FTC defines it, but specifically refers to the theft of “personal identifying information” or a “personal identification document.” These include identification cards like a driver’s license, account information, bank or credit card statements, bills, and a case could even be made if you use information you found about someone on the internet. 

In general, using stolen personal identifying information to commit fraud can amount to identity theft, but exactly how and who you steal from will affect the severity of the charge. Authorities consider it aggravated identity theft if you steal personal identifying information from a person 60 years of age or older or a person with a disability. Another aggravating factor is if you steal the information on behalf of a gang or organized criminal outfit.  

Sentence for Identity Theft

Regardless of the circumstances, identity theft is considered a felonious act in Illinois. The class of the felony depends on the amount allegedly stolen, the victim, and the defendant’s criminal history. Identity theft that involves:

• $300 or less is a class 4 felony, which could result in a 1- to 3-year prison sentence and $25,000 fine. 

• $300 to $2,000 is a class 3 felony, which could result in a 2- to 5-year prison sentence and $25,000 fine. 

• $2,000 to $10,000 is a class 2 felony, which could result in 3- to 7-year prison sentence and $25,000 fine. 

• $10,000 to $100,000 is a class 1 felony, which could result in 4- to 15-year prison sentence and $25,000 fine. 

• $100,000 or more is a class X felony, which could result in 6- to 30-year prison sentence and $25,000 fine. 

Of course, any of the charges could be elevated and penalized more harshly if aggravating factors are involved, the alleged victim is a deployed serviceman, or the defendant has prior criminal convictions. 

Contact a DuPage County Identity Theft Defense Lawyer

If you have been accused of identity theft or any criminal offense, you should seek out a qualified criminal attorney for help. Wheaton defense attorney Stephen A. Brundage is a former police officer with over 30 years of legal experience. Contact Stephen A. Brundage, Attorney at Law, for a free, confidential consultation at 630-260-9647.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

https://www.consumer.ftc.gov/topics/identity-theft