Identity theft fraud in Tennessee refers to the act of stealing the identity information of an individual in a bid to defraud the individual or impersonate them, or both.
The offense in the state of Tennessee is a serious crime, and there are several laws and penalties attached to the crime.
The act of buying false information and selling identification cards and other important documents is considered identity theft in Tennessee’s state.
The different data that may impersonate another individual include biometric data, retina images, fingerprints, social security numbers, and other information. Identity theft regards as a Class D felony in the state of Tennessee.
Criminal Impersonation
Criminal Impersonation refers to the act of impersonating an officer of the law. This crime is the equivalent of a Class A or a Class B misdemeanor, depending on the circumstances around it.
Any individual that pretends to be a law officer is charged with a Class B misdemeanor. However, suppose the individual impersonates the law enforcement officer to acquire the identity information of others. In that case, such an individual is said to be guilty of a Class A misdemeanor.
Such an individual is liable to a maximum sentence of 11 months and 29 days in a correctional facility. In addition, a fine of $500 is also charged from such individuals.
False Identification and Obtaining Goods
When an individual attempts to obtain goods using a false Identification, the individual charges with a Class C crime in Tennessee.
This charge attracts 30 days in jail and a fine of $50. However, a different law exists under which minors who obtain a fake ID to purchase alcohol are punished.
Fraudulent use of a Credit Card.
An individual who takes control over a credit card belonging to another person is guilty of a fraudulent charge in the state of Tennessee. If the credit card use without it being used, the thief would be charged a Class A misdemeanor. This charge attracts a $2,500 fine and a prison sentence of 11 months and 29 days.
If a monetary amount is used from the credit card, then the thief would be subject to a longer maximum sentence in jail and a refund of everything stolen.
The Anti-Phishing Act.
An individual who represents themself as another individual while online has committed a crime against the Anti-Phishing act of the state. The online channels may include email on websites amongst other online sites.
A more serious offense under this act is requesting identity information under the assumed identity. Suppose the individual is successful and able to obtain goods, services, information, and money through this means. In that case, the perpetrator is guilty of a civil penalty and will be required to pay $5,000 or three times the number of damages to the victim depending on the greater amount.
Penalty
Identity theft in Tennessee regards as a Class D felony, and it attracts a civil penalty. The victim is liable to spending between two and twelve years in jail and pays a fine of up to $5,000 or three times the actual damage incurred and other costs as seen by the court as fit. In addition, the victim may award the costs insured due to the legal issue and the attorney’s fees.
The civil penalty to be paid would be equal to either $10,000 or $5,000 for each day the identity of another individual is assumed. It could also be 10 times the amount obtained or attempted to be obtained, whichever amount is greater.
The victim would then be paid restitution for the loss that can ascertain interest in the loss.