Fraudulent Use of Personal Identification in Florida
The penalties for Fraudulent Use of Personal Identification increase based upon the pecuniary gain or the number of victims.
Under Florida Statute 817.568, the crime of Fraudulent Use of Personal Identification, more commonly called Identify Fraud, is committed when a person fraudulently uses, or possesses with intent to fraudulently use, the personal identification information of another person without first obtaining that person’s consent.
Personal Identification Information
Personal identification information is defined as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person. [1]
Examples of such information include:
- Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official government issued identification or identification number, bank account number, credit or debit card number, or personal identification number or a debit card PIN;
- Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
- Unique electronic identification number, address, or routing code;
- Medical records;
- Telecommunication identifying information or access device; or
- Other number or information that can be used to access a person’s financial resources.
Penalties for Fraudulent Use of Personal Identification
The penalties for the crime of Fraudulent Use of Personal Identification increase based upon the pecuniary value of the fraud perpetrated or the number of victims defrauded.
- Third Degree Felony
- Less than $5,000 in pecuniary benefit; or
- 10 or fewer victims
- Second Degree Felony: 3 Year Mandatory Prison Sentence
- $5,000 or more in pecuniary benefit; or
- 10 or more victims, but fewer than 20 victims
- First Degree Felony: 5 Year Mandatory Prison Sentence
- $50,000 or more in pecuniary benefit; or
- 20 or more victims, but fewer than 30 victims
- First Degree Felony: 10 year Mandatory Prison Sentence
- $100,000 or more in pecuniary benefit; or
- 30 or more victims
Third Degree Felony Fraudulent use of a Credit Card
The crime of Personal Identification involving less than $5,000 in pecuniary benefit or fewer than 10 victims is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Personal Identification involving less than $5,000 in pecuniary benefit or fewer than 10 victims is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Personal Identification involving less than $5,000 in pecuniary benefit or fewer than 10 victims to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Second Degree Felony Fraudulent use of a Credit Card
The crime of Fraudulent Use of Personal Identification involving $5,000-$50,000 in pecuniary benefit or 10-20 victims is a Second Degree Felony in Florida and is punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and a $10,000 fine.
Fraudulent Use of Personal Identification involving $5,000-$50,000 in pecuniary benefit or 10-20 victims is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code.
A judge is required to sentence a person convicted of Fraudulent Use of Personal Identification involving $5,000-$50,000 in pecuniary benefit or 10-20 victims to a mandatory-minimum three year prison sentence, but may also impose a sentence up to the statutory maximum of fifteen (15) years in prison.
First Degree Felony Fraudulent use of a Credit Card
The crime of Fraudulent Use of Personal Identification involving $50,000-$100,000 in pecuniary benefit or 20-30 victims is a First Degree Felony in Florida and is punishable by up to thirty (30) years in prison, thirty (30) years of probation, and a $10,000 fine.
Fraudulent Use of Personal Identification involving $50,000-$100,000 in pecuniary benefit or 20-30 victims is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
A judge is required to sentence a person convicted of Fraudulent Use of Personal Identification involving $50,000-$100,000 in pecuniary benefit or 20-30 victims to a mandatory-minimum five year prison sentence, but may also impose a sentence up to the statutory maximum of thirty (30) years in prison.
First Degree Felony Fraudulent use of a Credit Card
The crime of Fraudulent Use of Personal Identification involving $100,000 or more in pecuniary benefit or 30 or more victims is a First Degree Felony in Florida and is punishable by up to thirty (30) years in prison, thirty (30) years of probation, and a $10,000 fine.
Fraudulent Use of Personal Identification involving $100,000 or more in pecuniary benefit or 30 or more victims is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
A judge is required to sentence a person convicted of Fraudulent Use of Personal Identification involving $100,000 or more in pecuniary benefit or 30 or more victims to a mandatory-minimum 10 year prison sentence, but may also impose a sentence up to the statutory maximum of thirty (30) years in prison.
Defenses to Fraudulent Use of Personal Identification
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Fraudulent Use of Personal Identification are:
Authorization
It is a defense to the crime of Fraudulent Use of Personal Information that the alleged victim authorized the accused to use his or her personal information. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Fraudulent Use of Personal Identification in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.