Identity Theft/Fraud happens when someone:
- Transfer (knowingly or unknowingly) or unlawfully produced or stolen identification document.
- Possess financial information or identification document of another person with the intent to defraud, or any private entity or political subdivision of it.
- Transfer or possess document making device and using or producing it for false documentation
- Possess with intent to transfer or use five or more identification documents, belonging to another person
- Posses a stolen or false identification or transfer or use identification or financial information knowingly, without lawful authority and with intention of defraud
Rhode Island General Laws section 11-49.1-4
Provisions are applied when you identify personal identification information and documents that include anything, which is used to identify yourself such as dates of birth, names, driver’s license, Social Security number, mother’s maiden name, etc.
Larceny by Obtaining Property by False Pretences
In Rhode Island, person with the intent of defraud utilizes false pretences to attain goods, property, or other property commits the larceny crime. Larceny is when people represent themselves falsely to another person’s servant or agent to obtain property or money. Thus, larceny is a case of felony offense or misdemeanour, defending on the circumstances.
(Rhode Island General Laws section 11-41-4)
1. Identity Fraud:
- First conviction: Three years and a fine up to $5,000
- Second time conviction: Jail-term of no less than three years, not more than five years and a fine up to $10,000
- Third time conviction: Fine up to $15,000 and a prison-term of not less than five years, but no greater than 10 years
- Regular reporting to probation officer
- Payment of restitution or fines
- No further crimes
3. Larceny by obtaining property by false pretenses:
- Property less than $500: Fine up to $500 and penalty of a year in jail
- Property more than $500 or a firearm: Fine up to $5,000 with penalty up to 10 years in prison
Pay restitution to victims who had suffered a financial loss due to the crime