When someone’s credit cards are stolen, or their personal information, such as their date of birth, name, address, or Social Security number, is used for illegal purposes, the victim can suffer in more ways than one. Not only will the victim’s credit score be affected, but criminals can obtain lines of credit, secure housing, and use the victim’s identity in nefarious ways.
Those who have been accused of identity deception may face harsh criminal penalties if their criminal defense strategy fails. The identity deception statute is designed to protect victims and punish those who misuse someone else’s personal and identifying information. Here is more about the charges you could face under the identity deception statute and when these charges could be tried at the federal level.
The Indiana Identity Deception Statute
Indiana’s identity deception statute can be found under Indiana Code § 35-43-5-3.5. Here, you can face criminal charges if you intentionally or knowingly use, possess, transfer, or obtain the personal identification or information of another without the person’s consent. This is a type of identity theft. These charges apply if you intend to be that person, profess to be someone else or defraud or harm someone else. The identity deception statute includes the use of identifying information belonging to individuals who are deceased as well.
Identity Deception is a Felony
If you are accused of committing identity deception, you will likely face level six felony charges. If convicted, you could spend up to 2 1/2 years in prison and pay fines as high as $10,000 per Indiana Code § 35-50-2. However, there are also circumstances in which your level six felony charges could be elevated to a level five felony.
Generally, the prosecution will proceed with level five felony charges if the harm caused or the fair market value of the fraud in question is valued at a minimum of $50,000 or you are accused of using, obtaining, transferring, or possessing the personal information of more than 100 individuals. Level five felony identity deception charges may also apply if you are accused of using, obtaining, transferring, or possessing the personal information of someone who is under the age of 18 and a dependent, child, ward, or you are their guardian.
If convicted of a level five felony, the penalties could be steep. Not only could you be ordered to pay fines as high as $10,000, but you could also spend up to six years in an Indiana state prison.
Identity Deception Charges Could Be Elevated to Federal Charges
The identity deception statute is just the tip of the iceberg. In some cases, individuals who are accused of violating identity deception laws may face federal charges. If you are accused of scamming multiple individuals across several different states or counties, for example, the federal government has the authority to bring charges against you.
Under 18 USC § 1001, if convicted, you could be facing up to 8 years in a federal prison facility if your identity deception involved domestic terrorism. You could also be ordered to pay fines, which will vary depending on the nature of the crime in question. If you have been accused of committing a serious cybercrime, crafting a compelling defense strategy may be your best option if you hope to avoid spending decades in prison.