In Delaware Identity theft laws, the sale, the use, and the transfer of any personal identification information which belongs to another individual is regarded as a Class E felony. Such information as should not be obtained or used includes healthcare records, drivers license numbers, educational records, social security numbers, credit card numbers, small addresses, phone numbers, etc. It is also against the law to release a person’s mother’s maiden name. This is because it is also an important detail that can be used in verifying an individuals identity.
If the person that owns the obtained information is up to the age of 61and over, the offense is considered class D offense. And it can lead the offender to eight years in jail. Also, courts can set fines, as well as penalties when they think it right. This is in addition to the fact that restitution is included.
Identity Theft Passport – § 854A
If an individual falls victim to identity theft, such an individual has to file a police report concerning the issue of identity theft. Once a police report has been filed, victims are then allowed to get an identity theft passport. With this type of passport, such individuals can stay innocent if their names are used in committing any crime. It is also proof that they are the real owners of the identity and not identity thieves.
This report can be easily gotten with the use of any law enforcement agency. This can be done by tendering an application. Once the application gets to the agency, it is sent by the agency to the Attorney General. It is done along with a police report which was filed initially. Once gotten, the Attorney General puts the situation under check and determines if a new passport should be given out. This passport is quite like a driver’s license.
This card is important because it can be tendered to credit reporting agencies and law enforcement agencies.
Security Freeze – § 2203
Whenever the need arises, consumers resident in Delaware can ensure that their credit report has a security freeze on it. Once done, potential lenders do not have the freedom to get their credit information. With this, it becomes challenging for criminals to make use of stolen identity in obtaining any credit with their details.
A freeze becomes effective after three business days. Also, as soon as an identity gets stolen, a freeze should be placed. With electronic mails, these request can be made in the shortest time possible.
Criminal Impersonation – § 907
Impersonating an individual to defraud another individual is known as criminal impersonation. In Delaware, it is considered a Class A Crime. It can result in a jail term of one year or a fine of $2,300. Putting on any form of identification which states that you are a company’s representative when you are not is an example of this crime.
Impersonation of a Police Officer – § 907B
Any attempt to impersonate an officer of the law is treated as a felony crime. It is considered a Class E crime. However, if an individual gets harmed in the process, it becomes a Class C felony. In Delaware Identity theft laws, a Class Crime can land one a jail sentence of up to 15 years. Based on how the court decided to go about the case, fines can be included.
An EMT, a firefighter, or a paramedic should not be impersonated. This is because it is unlawful. Anyone that mimics any of this people is guilty of a Class C crime. If you claim to be a professional in any of these fields when you are not or put on their badges, then you are guilty.
Consumer Identification Information Delaware Identity theft laws – § 914
It is unlawful for retailers to keep a record or make use of identification information belonging to customers. The implication of this is retailers should not request for an address or telephone number. This can, however, be done when the product is to be shipped.