Identity theft is a problem in the modern world. People across the globe enter personal information and use credit and debit cards online. It’s no wonder that identity theft has skyrocketed over the course of the last several decades.

Illinois, in particular, seems to be a place where many people report identity theft. The people who try to steal others’ identities often target the very old or very young because they are the most vulnerable. Other members of the community, such as members of the military, are at risk too.

Here’s what you need to know about identity theft law in Illinois, including what constitutes identity theft, what penalties can be expected by those found guilty of it, and common defenses if you ever find yourself accused of it.

What Is Identity Theft in Illinois?

Identity theft is defined under Illinois law as when someone uses a form of identification of another person to obtain goods, services, money, or credit. A person also commits identity theft if they obtain information about the identity of another person and transfer or sell that information to another party.

The types of personal information often involved in identity theft include:

• Name
• Address
• Social Security number
• Date of birth
• Credit card or bank account information
• Driver’s license number
• Personal Identification Numbers
• Passwords
• Electronic signatures
• Fingerprints

The Penalties for Identity Theft in Illinois

Punishment depends on the value of the things that were taken as a result of the theft such as money, goods, services, property, or credit. This amount then determines the class of the crime as well as the subsequent penalties.

Class Four Felony

This is charged if the value is less than $300 for the offense. It is punishable by up to four years in prison.

Class Three Felony

For values between $300 and $2,000, you can spend up to five years in prison for this level of offense.

Class Two Felony

This is charged when the value is between $2,000 and $10,000. It is punishable by up to seven years in prison.

Class One Felony

Value between $10,000 and $100,000 can send you to prison for up to 15 years.

Class X Felony

Specific to the state of Illinois, values over $100,000 are a Class X felony, which can send you to prison for up to 30 years.

Defenses to Identity Theft in Illinois

There are several different defenses for those accused of identity theft. Which one is right for you if you are accused depends on the specifics of your particular case. In general, these are the types of defenses used in identity theft cases:

You Were Falsely Accused

If you didn’t commit identity theft, then this is the right defense to use. For example, if you unwittingly get someone else’s personal information because you received their mail, you may find yourself falsely accused.

You Were Authorized

If you were given consent to use the information you did, then it’s not identity theft. Giving permission to another person to use your identity means they cannot be charged with identity theft. Permission can be used as a sort of legal shield to accusations if you can show you did have permission.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As the sheer volume of online holiday purchases continues to soar, it only makes sense that the holiday season doesn’t just mean an increase in retail theft anymore, but in identity theft as well.

In turn, Illinois law enforcement is on high alert for acts of identity theft from now through the end of the year.

Identity Theft and the Holidays in Illinois

One woman in Illinois currently faces multiple charges of identity theft after attempting to defraud Hertz Rental. She used another person’s credit card and a forged piece of ID.

The fake driver’s license was modified to contain identification matching the victim’s credit card, but the photo on the ID was replaced with the offender’s image.

This is only one method Illinois police are hawk-eyeing this season. They are on to card readers scams and are no longer limiting their search to gas stations. Law enforcement is also looking at retail outlets where patrons often swipe or tap their cards.

They are even hip to various covert camera set-up operations that appear to be security cameras. They know these cams can actually set up to obtain personal information.

Since shoppers are out and about and constantly swiping, tapping and withdrawing, the chance for thieves to obtain information is a lot higher, and Illinois police are matching that with increased vigilance.

Illinois Cyber Attacks and Identity Theft

Apart from retail identity theft scenarios, Illinois law enforcement continues to evolve their digital identity theft training, as well. Two of the most common methods used by identity thieves are social engineering and phishing.

Social Engineering

Social engineering relies on human interaction. The thief typically tricks the victim and obtain personal information as a result of this trickery.

For example, the thief may send a text message to someone with a link. Once this link is clicked, the thief gains access into the victim’s phone and may be able to obtain personal information stored there.

Phishing for Information

Phishing is similar to social engineering but usually takes place through an email link onto a website. The email sent by thieves will often seem authentic to the user.

For example, the email may appear to be from a financial institution and then proceed to ask for banking information.

Both of these forms of cyberattacks are especially prevalent during the holiday season and Illinois police are urging citizens to critically assess texts and emails to avoid being scammed.

Police Crackdowns Lead to IL Charges and Penalties

Due to the high rate of identity theft over the holiday seasons, police agencies in Illinois crackdown against the crime this time of year. If an individual accused of identity theft, they may be subject to severe penalties.

Identity theft is considered a type of fraud. However, identity theft differs from many other fraud charges because the range of penalties is so severe.

Those accused of identity theft can be charged with anything from Class A misdemeanors all the way to Class X felonies. That’s a range of less than one year to three decades of imprisonment. Penalties are dictated by the amount stolen as well as the presence of any aggravating factors.

This Christmas season, be aware that identity theft is occurring at a high-rate and that police are aware of this. Understand that if you intend to commit identity theft in Illinois, chances are you’ll be caught and charged.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

A Glendale Heights woman was recently accused of stealing the identities of more than two dozen victims to open fraudulent bank accounts, which she allegedly used to finance vacations and school tuition for her children.

She faces 52 counts of aggravated identity theft and 12 counts of identity theft, among other charges. If convicted, she faces a potentially decades-long sentence.

In another recent incident, a Cook County man was arrested and charged with identity theft after allegedly attempting to purchase a vehicle with fraudulent identification.

Regardless of the scope and nature of the alleged offense, identity theft is always a felony and is met with severe criminal consequences. Below we take a look at what constitutes identity theft in Illinois, and the penalties associated with a conviction.

Illinois Identity Theft Basics

Identity theft most often precedes financial crimes such as credit card fraud, and in these situations, offenders usually face charges for both identity theft plus the financial crime(s) in question. Illinois statutes specify that the following acts constitute identity theft:

• Use any identifying information or documents of another person to fraudulently acquire goods, credit, services or anything else of value
• Use any identifying information or documents of another person with the intent to commit a felony not specified above
• Obtain, record, sell, possess, transfer, purchase or manufacture any personal identification information or documents knowing that the information or document was stolen or produced without authority
• Use, transfer or possess any document-making materials to produce false identifications or false documents with the knowledge that they will be used by you or someone else to commit a felony
• Use someone’s personal identifying information or documents to portray yourself as that person, or to gain access to other personal identification information or documents without that person’s consent
• Use another party’s personal information or documents to gain access to their communications or records of transactions without their consent
• When applying for a building permit, provide the license number of a roofing or fire sprinkler contractor that you don’t intend to hire to perform the work in question.

In a nutshell, use the information or identification documents of another person with the intention of committing theft, fraud or another felony-level offense, risk being charged with identity theft in Illinois.

Illinois Identity Theft Sentencing and Penalties

Under Illinois law, all forms of identity theft are considered to be felonies. As with any theft crime, sentencing and penalties depend on the amount of money or value stolen. If convicted of identity theft, you can expect the following:

• Below $300: Class 4 felony punishable by 1-4 years of imprisonment
• $300-$2,000: Class 3 felony punishable by 2-5 years of imprisonment
• $2,000-$10,000: Class 2 felony punishable by 3-7 years of imprisonment
• $10,000-$100,000: Class 1 felony punishable by 4-15 years of imprisonment
• $100,000+: Class X felony punishable by 6-30 years of imprisonment

Many identity theft cases, like the one in Glendale Heights, involve multiple victims. When they do, the defendant usually faces separate counts of identity theft for each alleged victim.

Further, circumstances surrounding the crime are evaluated for aggravating factors that could subject the defendant to enhanced sentencing. If you were involved in identity theft crimes that involved any of the following the court will likely favor enhancement:

• The victim involved is 60 years of age or older
• The victim is mentally or physically disabled
• The identity theft was committed in furtherance of the activities of an organized gang
• You have prior identity theft convictions on your criminal record

In addition to these already-severe criminal consequences, civil damages may be sought by the victim(s), or the court may order payment of restitution to the victim(s).

Fighting Back Against Identity Theft Charges

Despite the seriousness of your identity theft charges, all is not lost. There are a number of defense strategies available, which could potentially get your charges dropped or reduced, or win you an acquittal at trial.

For example, your attorney may be able to argue that the prosecution’s evidence against you doesn’t sufficiently prove your guilt, or that you did not have specific intent to use identifying information for a criminal purpose.

Reach out to an experienced Chicago attorney with expertise in fraud defense to evaluate the specifics surrounding your case, and to craft the best possible defense strategy.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.