Identity theft laws
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 intending to defraud any private entity or political subdivision.
- Transferring or possessing a 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 fake identification or transfer or use of an ID or financial information knowingly, without lawful authority, and intending to defraud.
Rhode Island General Laws section 11-49.1-4
Provisions are applied when you identify personal identification information and documents that include anything 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, a person with the intent of defrauding utilizes pretenses to attain goods, property, or other property to commit a larceny crime.
Theft is when people falsely represent themselves to another person’s servant or agent to obtain property or money.
Thus, theft is a case of a felony offense or misdemeanor, depending on the circumstances.
(Rhode Island General Laws section 11-41-4)
Penalties
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 ten years.
2. Probation:
- Regular reporting to a probation officer
- Payment of restitution or fines
- No further crimes
3. Larceny by obtaining property by 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 a punishment of up to 10 years in prison.
4. Restitution:
Pay restitution to victims who had suffered a financial loss due to the crime.
In general Identity, theft issues can be legally quoted & need an attorney.