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Q: Are there mandatory sentences for identity theft criminals?
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Identity Theft Carries Mandatory Two to Five Years Imprisonment
Identity theft was first recognized as a federal crime under the Identity Theft and Assumption Deterrence Act, enacted by Congress in October 1998. And although ID theft continued to rise each year, conviction was hard to secure and punishment for identity theft was often minimal at best.
With identity theft crimes spiraling out of control, President Bush signed a law in July of 2004 that required tougher punishment for criminals convicted of ID theft. Under the “Identity Theft Penalty Enhancement Act,” being convicted of using or providing false identification carries a two-year prison term, while convictions for using or providing a false identification to help terrorists receive a mandatory five-year prison term.
Conviction penalties are also affected by how many crimes can be attributed to the thief. In a courtroom the criminal may plead guilty to only one count of identity theft. However, other crimes attributed to him/her can be considered in determining a sentence.
If you are a victim of identity theft, your police report and filed complaint are important documents that could help convict a repeat offender.
Contact your local police department and ask for a copy of your report.
File a complaint with the Federal Trade Commission.
Report fraudulent charges on your credit cards and unauthorized transactions on your bank account.
Document phone conversations, keep a record of the names of the people you speak with, and verify fraud resolutions with revised statements or other written notification.
