Identity theft is a growing concern in Iowa, and its impact can be devastating for victims. As such, those who commit identity theft face serious penalties that can significantly alter their lives. Understanding these potential consequences is imperative. If you are facing charges related to identity theft, the importance of contacting an experienced Des Moines Criminal Defense Lawyer to protect your rights cannot be overstated. Our legal team is prepared to help you navigate the complexities of the law and work towards the best possible outcome.
What is Considered Identity Theft Under Iowa Law?
In Iowa, identity theft occurs when an individual uses or attempts to use another person’s identification information without consent to obtain a benefit such as credit, property, or services. It should be noted that the act must be done with the intent to receive something of value. This may include opening a new credit card account in someone else’s name, getting a loan, or securing employment using another person’s identity. Identification information includes:
- Name, date of birth, or address
- Social Security numbers
- Driver’s license or passport numbers
- Bank or credit card details
- Electronic or biometric identifiers (fingerprint, facial recognition, etc.)
For a conviction, the prosecution must prove that a defendant knowingly used someone else’s identity without permission and intended to defraud or gain a benefit as a result.
What Are the Potential Penalties?
When it comes to identity theft in Iowa, the severity of the penalties depends on the amount of financial loss or damage caused:
- The value of the credit, property, services, or other benefits exceeds ten thousand dollars: This is a Class C felony, which is punishable by up to ten years in prison and hefty fines.
- The value of the credit, property, services, or other benefits exceeds one thousand five hundred dollars but does not exceed ten thousand dollars: This is an aggravated misdemeanor, which is punishable by up to two years in jail and hefty fines.
In addition to time behind bars and fines, Iowa courts can order an offender to reimburse their victims for financial losses, credit repair costs, and other damages caused by the identity theft. In lower-level cases or for first-time offenders, the court may order probation or community service in lieu of jail time.
Can Identity Theft Be Charged as a Federal Crime?
When identity theft involves interstate activity, federal programs or institutions, or significant financial fraud, the case might fall under federal jurisdiction due to the Identity Theft and Assumption Deterrence Act. If this is the case, you will be looking at harsher penalties. Federal identity theft can lead to fines of up to $250,000, up to fifteen years in federal prison, forfeiture of assets, and mandatory restitution.
For guidance and skilled legal representation, please don’t hesitate to contact a seasoned attorney at Herting Law, PLLC.
