Illinois Identity Theft Crimes

Thanks to a combination of technology, drug addiction, and our financial system, identity theft is constantly on the rise. In Illinois, identity theft has a specific meaning in criminal cases. There are four main crimes that are considered identity theft in Illinois:

  1. Identity Theft
  2. Aggravated Identity Theft
  3. Transmission of Personal Identifying Information
  4. Facilitating Identity Theft

What Actions Are Considered Identity Theft? 

Identity theft usually involves using someone else’s credit card or bank account without their permission for your own financial gain. But, identity theft crimes target a broader range of actions. You can also commit identity theft by:

  • Possessing someone else’s personal information and attempting to open a line of credit, even if you never buy anything.
  • Transferring someone else’s personal identifying information, knowing the person or persons receiving the information have no right to it.
  • Using, possessing, or transferring document-making implements for the purpose of producing false or fake identification documents.

Beyond these actions, there are several other things that can result in a conviction for identity theft.

The Penalties for Identity Theft

All identity theft crimes in Illinois are felonies. The exact sentence will depend on the amounts of money involved, the number of counts, and any prior criminal history.

When the amount at issue is less than $300, identity theft is a Class 4 felony and carries a maximum sentence of three years in prison and a fine up to $25,000.

If the amount is over $300, but under $2,000, the crime is a Class 3 felony, with a maximum prison sentence of five years and a fine up to $25,000.

Identity theft when the theft involves more than $2,000, but less than $10,000, the crime is a Class 2 felony and has a maximum prison sentence is seven years and a fine of $25,000.

Identity theft in an amount more than $10,000 is a Class X felony and carries a maximum sentence of 30 years in prison, and a fine of up to $25,000.

In Illinois if the victim of the identity theft is disabled, over the age of 60, or connected to gang activity, the crime is considered aggravated identity theft and subject to stiffer penalties.

If you have been charged with identity theft, speak with a tough and knowledgeable Schaumburg criminal defense lawyer right away. Do not talk to anyone about your case until you have consulted with someone who understands the issues you could be facing. Call Glasgow & Olsson today at 847-577-8700 to schedule an initial consultation.


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