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Identity Theft

West Chester PA Identity Theft Crimes

Chester County Identity Theft Defense Attorney

Identity Theft Charges:  If you have questions about Identity Theft Charges, learn more, get legal advice and the legal representation you need from experienced Pennsylvania Criminal Lawyers defending Identity Theft Charges, criminal arrests and criminal punishment throughout Pennsylvania including but not limited to the greater Philadelphia area, West Chester PA, Chester County, Delaware County, Lancaster County, Montgomery County, Berks County and Bucks County.  Contact our legal team today by email or call us at (610) 692-8700. 

    § 4120.  Identity theft.

        (a)  Offense defined.--A person commits the offense of

     identity theft of another person if he possesses or uses,

     through any means, identifying information of another person

     without the consent of that other person to further any unlawful

     purpose.

        (b)  Separate offenses.--Each time a person possesses or uses

     identifying information in violation of subsection (a)

     constitutes a separate offense under this section. However, the

     total values involved in offenses under this section committed

     pursuant to one scheme or course of conduct, whether from the

     same victim or several victims, may be aggregated in determining

     the grade of the offense.

        (c)  Grading.--The offenses shall be graded as follows:

            (1)  Except as otherwise provided in paragraph (2), an

        offense under subsection (a) falls within the following

        classifications depending on the value of any property or

        services obtained by means of the identifying information:

                (i)  if the total value involved is less than $2,000,

            the offense is a misdemeanor of the first degree;

                (ii)  if the total value involved was $2,000 or more,

            the offense is a felony of the third degree;

                (iii)  regardless of the total value involved, if the

            offense is committed in furtherance of a criminal

            conspiracy as defined in section 903 (relating to

            criminal conspiracy), the offense is a felony of the

            third degree; or

                (iv)  regardless of the total value involved, if the

            offense is a third or subsequent offense under this

            section, the offense is a felony of the second degree.

            (2)  When a person commits an offense under subsection

        (a) and the victim of the offense is 60 years of age or older

        or a care-dependent person as defined in section 2713

        (relating to neglect of care-dependent person), the grading

        of the offense shall be one grade higher than specified in

        paragraph (1).

        (d)  Concurrent jurisdiction to prosecute.--In addition to

     the authority conferred upon the Attorney General by the act of

     October 15, 1980 (P.L.950, No.164), known as the Commonwealth

     Attorneys Act, the Attorney General shall have the authority to

     investigate and to institute criminal proceedings for any

     violation of this section or any series of such violations

     involving more than one county of this Commonwealth or another

     state. No person charged with a violation of this section by the

     Attorney General shall have standing to challenge the authority

     of the Attorney General to investigate or prosecute the case,

     and if any such challenge is made, the challenge shall be

     dismissed and no relief shall be made available in the courts of

     this Commonwealth to the person making the challenge.

        (e)  Use of police reports.--A report to a law enforcement

     agency by a person stating that the person's identifying

     information has been lost or stolen or that the person's

     identifying information has been used without the person's

     consent shall be prima facie evidence that the identifying

     information was possessed or used without the person's consent.

        (e.1)  Venue.--Any offense committed under subsection (a) may

     be deemed to have been committed at any of the following:

            (1)  The place where a person possessed or used the

        identifying information of another without the other's

        consent to further any unlawful purpose.

            (2)  The residence of the person whose identifying

        information has been lost or stolen or has been used without

        the person's consent.

            (3)  The business or employment address of the person

        whose identifying information has been lost or stolen or has

        been used without the person's consent, if the identifying

        information at issue is associated with the person's business

        or employment.

        (f)  Definitions.--As used in this section, the following

     words and phrases shall have the meanings given to them in this

     subsection:

        "Document."  Any writing, including, but not limited to,

     birth certificate, Social Security card, driver's license,

     nondriver government-issued identification card, baptismal

     certificate, access device card, employee identification card,

     school identification card or other identifying information

     recorded by any other method, including, but not limited to,

     information stored on any computer, computer disc, computer

     printout, computer system, or part thereof, or by any other

     mechanical or electronic means.

        "Identifying information."  Any document, photographic,

     pictorial or computer image of another person, or any fact used

     to establish identity, including, but not limited to, a name,

     birth date, Social Security number, driver's license number,

     nondriver governmental identification number, telephone number,

     checking account number, savings account number, student

     identification number, employee or payroll number or electronic

     signature.

The Pennsylvania Criminal Defense Lawyers of Ciccarelli Law Offices are experienced in fighting for you, representing you and answering your questions regarding Identity Theft Charges.  We are based in the greater Philadelphia area at 304 North High Street, West Chester PA 19380 and have satellite offices for your convenience.  Contact us by email or at (610) 692-8700 when you need a PA Identity Theft Charges Lawyer.

 

 

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