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Using, possessing, or transferring a person’s identity that is not your own intending unlawful activity is identity theft. The penalty depends on how many victims there were and the total amount of loss. The sentence is governed by the statute for theft. There may also be restitution owed to the victim(s).

The offense gets more complicated when committed by electronic means. If you use false pretenses in an email or other electronic communication with the intent to get another’s identity, you are guilty of identity theft. This offense can be sentenced up to five years in prison and/or up to a $10,000 fine. See here and here.

Federal identity theft is governed by 18 U.S.C. § 1028. It carries a sentence of up to 20 years in prison and/or a fine, depending on the facts of the case and the specific part of the statute that is charged. See here.

The preceding was a summary of the law. It does not describe all of the elements of the crimes. Laws are also constantly changing. You need to contact a skilled Identity Theft Attorney in Minneapolis to discuss the offenses in detail and with respect to your own particular case. Nothing in this description or anywhere on this site is legal advice.