State

Statutory Citation

Title

Penalty

Alabama

13A-8-190 to
13A-8-201

The Consumer Identity Protection Act

Identity theft in which there is a financial loss of greater than $500 or the defendant has previously been convicted of identity theft constitutes identity theft in the first degree. Identity theft in the first degree is a Class C felony
Identity theft in which the defendant has not previously been convicted of identity theft and there is no financial loss or the financial loss is $500 or less constitutes identity theft in the second degree. Identity theft in the second degree is a Class A misdemeanor
Trafficking in stolen identities is a Class B felony
Obstructing justice using a false identity is a Class C felony.

Alaska

11.46.180

Theft by deception

First degree is a Class B felony
Second degree is a Class C felony
Third degree is a Class A misdemeanor
Fourth degree is a Class B misdemeanor

Arizona

13-2008

Taking identity of another person; classification

Class 4 felony

Arkansas

5-37-227

Financial identity fraud

Class D felony

California

Penal Code 530.5 to 530.8

Upon conviction a person shall be punished either by imprisonment in a county jail not to exceed one year, a fine not to exceed $1,000, or both that imprisonment and fine, or by imprisonment in the state prison, a fine not to exceed $10,000, or both that imprisonment and fine.

Colorado

Does not have a specific identity theft law

Connecticut

53a-129a

Public Act 03-156

Identity theft

Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree
Trafficking in personal identifying information

Class D felony

Class B felony
Class C felony
Class D felony
Class D felony

Delaware

11 §854

Identity theft

Class D felony

District of Columbia

22-3227.01 to 3227.08

Identity theft

Identity theft in the first degree. -- Any person convicted of identity theft shall be fined not more than (1) $10,000, (2) three times the value of the property obtained, or (3) three times the amount of the financial injury, whichever is greatest, or imprisoned for not more than 10 years, or both, if the property obtained or the amount of the financial injury is $250 or more. Identity theft in the second degree. -- Any person convicted of identity theft shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both, if the value of the property obtained or the amount of the financial injury, whichever is greater, is less than $250. Any person who commits the offense of identity theft against an individual who is 65 years of age or older, at the time of the offense, may be punished by a fine of up to 1 1/2 times the maximum fine otherwise authorized for the offense and may be imprisoned for a term of up to 1 1/2 times the maximum term of imprisonment otherwise authorized for the offense, or both.

Florida

817.568

Criminal use of personal identification information

817.568(2)(a) Third degree felony
817.568(2)(b) Second degree felony
817.568(2)(c) First degree felony
817.568(3) First degree misdemeanor
817.568(4) First degree misdemeanor
817.568(5) reclassification

Georgia

16-9-121 to
16-9-128

Financial identity fraud

Punishable by imprisonment for not less than one nor more than 10 years or a fine not to exceed $100,000, or both for first offense
Punishable by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000, or both for subsequent offenses

Hawaii

708.839.6
708.839.7
708-839.8

Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree

Class A felony
Class B felony
Class C felony

Idaho

18-3126
18-3128

Misappropriation of personal identifying information

Misdemeanor
Felony if retail value exceeds $300

Illinois

720 ILCS 5/16G-1 to
720 ILCS 5/16G-25

Identity theft

Class A misdemeanor if under $300 in value for first offense
Class 4 felony for subsequent offense
Class 4 felony if between $300 and $2,000
Class 3 felony if between $2,000 and $10,000
Class 2 felony if between $10,000 and $100,000
Class 1 felony if exceeds $100,000

Indiana

35-43-5-1
34-43-5-3.5

Definitions
Penalties

Class D felony

Iowa

715A-8

Identity theft

Aggravated misdemeanor if under $1,000
Class D felony if exceeds $1,000

Kansas

21-4018

Identity theft

Severity level 7 person felony

Kentucky

514.160
514.170

Theft of identity
Trafficking in stolen identities

Class D felony
Class C felony

Louisiana

RS 14:67.16

Identity theft

Punishable by imprisonment for not more than six months or fined not more than $500, or both if less than $300 for first offense. Punishable by imprisonment for not more than three years, with or without hard labor, or fined not more than $300 for subsequent offenses.
Punishable by imprisonment, with or without hard labor, for not more than three years, or fined not more than $3,000, or both if between $300 and $500
Punishable by imprisonment, with or without hard labor, for not more than five years, or fined not more than $5,000, or both if between $500 and $1,000
Punishable by imprisonment, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both if $1,000 or more.

Maine

17-A§905-A

Misuse of identification

Class D crime

Maryland

§8-301 to §8-303

Identity fraud

Misdemeanor where the benefit, credit, good, service, or other thing of value has a value of less than $500.
Felony where the benefit, credit, good, service, or other thing of value has a value of $500 or greater.

Massachusetts

266§37E

Use of personal identification of another; identity fraud; penalty; restitution

Felony

Michigan

750.285

Obtaining personal identity information of another with intent to unlawfully use information; violation as felony; nonapplicability to discovery process; definitions

Guilty of a felony punishable by imprisonment for not more than five years or a fine of not more than $10,000, or both.

Minnesota

609.527

Identity theft

If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced to imprisonment not more than 90 days or fined not more than $700, or both.
If the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Iif the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
If the offense involves four or more direct victims, or if the total, combined loss to the direct and indirect victims is more than $2,500, the person may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

Mississippi

97-19-85

Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value

Guilty of a felony and upon conviction thereof for a first offense shall be fined not more than $5,000 or imprisoned for a term not to exceed five years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than $10,000 or imprisoned for a term not to exceed 10 years, or both.

Missouri

570.223

Identity theft--penalty--restitution

Identity theft or attempted identity theft which does not result in the theft or appropriation of credit, money, goods, services, or other property is a class B misdemeanor; (2) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property not exceeding $500 in value is a class A misdemeanor; (3) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $500 and not exceeding $10,000 in value is a class C felony; (4) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a class B felony; (5) Identity theft which results in the theft or appropriation of credit, money, goods, services, or other property exceeding $100,000 in value is a class A felony. In addition, the court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim.

Montana

45-6-332

Theft of identity

If no economic benefit was gained or was attempted to be gained or if an economic benefit of less than $1,000 was gained or attempted to be gained, punishable by fine in an amount not to exceed $1,000, imprisonment in the county jail for a term not to exceed six months, or both.
If an economic benefit of $1,000 or more was gained or attempted to be gained, punishable by fine an amount not to exceed $10,000, imprisonment in a state prison for a term not to exceed 10 years, or both.

Nebraska

28-608

Criminal impersonation; penalty; restitution

Class II misdemeanor if no credit, money, goods, services, or other thing of value was gained or was attempted to be gained, or if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was less than $200. Any second conviction under this subdivision is a Class I misdemeanor, and any third or subsequent conviction under this subdivision is a Class IV felony.
Class I misdemeanor if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $200 or more but less than $500. Any second or subsequent conviction under this subdivision is a Class IV felony.
Class IV felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $500 or more but less than $1,500.
Class III felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was $1,500 or more.

Nevada

205.463

205.465

Obtaining and using personal identifying information of another person to harm person or for unlawful purpose
Possession or sale of document or personal identifying information to establish false status or identity

Category B felony or Category E felony

Category C felony

New Hampshire

638:25 to 638:27

Identity fraud

Class A felony

New Jersey

2C:21-17

Impersonation; theft of identity; disorderly persons offense, crime

Guilty of a crime of the second degree if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is $75,000 or more
Guilty of a crime of the third degree if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $500 but is less than $75,000
Guilty of a crime of the fourth degree if the pecuniary benefit, the value of the services received, the payment sought to be avoided or the injury or fraud perpetrated on another is at least $200 but is less than $500

New Mexico

30-16-24.1

Theft of identity

Misdemeanor

New York

Penal Code 190.77 to 190.84

Offenses involving theft of identity

190.78 Class A misdemeanor
190.79 Class E felony
190.80 Class D felony
190.81 Class A misdemeanor
190.82 Class E felony
190.83 Class De felony

North Carolina

14-113.20 to 14-113.23

Financial identity fraud
Trafficking in stolen identities

Felony

North Dakota

12.1-23-11

Unauthorized use of personal identifying information - Penalty

Class C felony

Ohio

2913.49

Identity fraud

First degree misdemeanor unless: If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $500 or more and is less than $5,000, identity fraud is a felony of the fourth degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $5,000 or more and is less than $100,000, identity fraud is a felony of the third degree.
If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $100,00 or more, identity fraud is a felony of the second degree.

Oklahoma

21§1533.1

Identity theft

Felony

Oregon

165.800

Identity theft

Class C felony

Pennsylvania

18 Pa.C.S.A. §4120

Identity theft

If the total value involved is less than $2,000, the offense is a misdemeanor of the first degree.
If the total value involved is $2,000 or more, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is committed in furtherance of a criminal conspiracy, as defined in section 903, the offense is a felony of the third degree.
Regardless of the total value involved, if the offense is a third or subsequent offense, the offense is a felony of the second degree

Rhode Island

11-49.1-1 to 11-49.1-5

Impersonation and Identity Fraud Act

First offense punishable by imprisonment for not more than three years and may be fined not more than $5,000, or both.
Second offense punishable by imprisonment for not less than three years nor more than five years and shall be fined not more than $10,000, or both.
Subsequent offense punishable by imprisonment for not less than five years nor more than 10 years and shall be fined not less than $15,000, or both.

South Carolina

16-13-500 to 16-13-530

Personal Financial Security Act

Felony

South Dakota

22-30A-3.1 to 22-30A-3.3

Identity theft

Misdemeanor

Tennessee

39-14-150
39-16-303

Identity theft
Using a false identification

Class D felony
Class C misdemeanor

Texas

Penal Code 32.51

Fraudulent Use or Possession of Identifying Information

State jail felony

Utah

76-6-1101 to
76-6-1104

Identity fraud

Class A misdemeanor if the value of the credit, goods, services, or any other thing of value is less than $1,000
Third degree felony if the value of the credit, goods, services, or any other thing of value is or exceeds $1,000 but is less than $5,000
Second degree felony if the value of the credit, goods, services, or any other thing of value is or exceeds $5,000

Vermont

13 § 2030

Identity theft

A person who violates this section shall be imprisoned for not more than three years or fined not more $5,000.00, or both. A person who is convicted of a second or subsequent violation of this section involving a separate scheme shall be imprisoned for not more than ten years or fined not more than $10,000.00, or both.

Virginia

18.2-186.3

Identity theft; penalty; restitution; victim assistance

Class 1 misdemeanor
Any violation resulting in financial loss of greater than $200 shall be punishable as a Class 6 felony.
Any second or subsequent conviction shall be punishable as a Class 6 felony.
Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 6 felony.

Washington

9.35.001 to 9.35-902

Identity crimes

First degree Class B felony
Second degree Class C felony

West Virginia

61-3-54

Taking identity of another person; penalty

Felony

Wisconsin

943.201

Misappropriation of personal identifying information or personal identification documents

Class H felony

Wyoming

6-3-901

Unauthorized use of personal identifying information; penalties; restitution

A misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, if no economic benefit was gained or was attempted to be gained, or if an economic benefit of less than $500.00 was gained or was attempted to be gained
A felony punishable by imprisonment for not more than 10 years, a fine of not more than $10,000.00, or both, if an economic benefit of $500.00 or more was gained or was attempted to be gained