North Dakota Identity Theft Laws
Identity theft refers to the act of stealing the personal identifying information of another person and using it to commit crimes that are often related to financial transactions.
The laws of North Dakota provides that any individual that impersonates another person by stealing the personal identifying information of the person is subject to being prosecuted under the Identity theft laws of the state.
The crime, however, involves when the personal identifying information, of the other person, such as social security information, passwords, fingerprints and other information that may allow the impersonator pass as the person whose identity was stolen is used.
The identity theft laws of the state established rules and regulations for businesses and also provides penalties for violators of these regulations.
Provided that the stolen identifying information was used to open an account, or seek for employment, the offense would be regarded as a misdemeanor, however, once money is acquired through this information, then the crime becomes a felony.
Statute of Limitation
It is important for the impersonator to be prosecuted and charged for the crime committed as soon as possible. This is because the state of North Dakota has a statute of limitation on crimes regarding identity theft.
This statute offers the prosecutors six years to prove the perpetrator guilty, however, if no crime was reported, then the offender would walk free.
This is why it is important to check on your account information and financial reports regularly. If you happen to find any suspicious situation in the report, make sure to report as soon as you can.
Unauthorized Use of Identifying Information
The state of North Dakota considers it illegal if any attempt is made to use the personal identifying information of another person, without authorization, irrespective of whether the individual is alive or deceased.
The act is prohibited especially when financial transactions were involved or attempts were made to seek employment using the resume of the person who was impersonated.
Unlawful Skimming of Payment Cards
Skimming devices are gadgets used by perpetrators of this crime to steal the information on cards used for financial transactions, or any card with any identifying information of an individual which might even include a hotel key. These devices, when used unlawfully, are considered to be illegal.
Reencoders are devices that are used to encode information stolen through the skimming device onto another card
When individuals make use of these devices, the act earns them either a Class B felony charge or a Class A felony charge, depending on the situation surrounding the act.
The maximum penalty possible for this offense is 20 years in prison along with $100,000 worth of fines.
Phishing refers to the use of online sites such as email or websites in obtaining the identifying information of individuals, which would then be used for different schemes, and to carry out fraudulent acts on the individuals.
This is usually done by making use of misleading communications which include utilizing an email or a business logo that has nothing to do with the business.
Individuals who violate the phishing law in North Dakota are charged with a Class C felony, which is punished with maximum jail time of five years.
- Individuals guilty of identity theft that results in financial loss of:
- Less than $1,000, are charged with a Class C felony which is punishable with maximum jail time of five years
- Greater than $1,000 are charged with a Class B felony, which is punishable with a fine of $10,000 and ten years jail time
- Individuals guilty of identity theft for other purposes regardless of economic loss to the victim are
- Charged with Class A misdemeanor for first offense and
- Class C felony for subsequent offenses, which is punishable with maximum jail time of five years