Identity theft feels like a modern crime, tied to computers and the internet, but it’s really a form of stealing someone’s personal information to use it for your own gain. Being accused of identity theft in North Carolina – whether in Greensboro, Winston-Salem, Asheboro, or elsewhere – is incredibly serious. It doesn’t just involve potential financial loss for a victim; it violates their privacy and sense of security, which is why the law treats it harshly.
Maybe you’re accused of using someone else’s information online, possessing fake documents, or being part of a larger scheme. Understanding what constitutes identity theft under North Carolina and potentially federal law is the first step in defending yourself. Here at Huggins Law Firm, our team has significant experience defending clients against complex Criminal Law charges, including those involving allegations of identity theft and related financial crimes. We know how to investigate these often technical cases and protect your rights.
This page provides an overview of identity theft laws relevant to North Carolina. For more on other financial crimes, please visit our main guide: Understanding White Collar & Financial Crimes in North Carolina.
How Does North Carolina Law Define Identity Theft?
North Carolina’s main identity theft law is General Statute § 14-113.20. It makes it illegal to knowingly obtain, possess, or use another person’s identifying information, without their permission, with the intent to fraudulently represent that you are that other person for purposes such as:
- Avoiding legal consequences (like arrest or prosecution).
- Obtaining something of value (money, goods, services, credit, etc.) in the other person’s name.
What counts as “Identifying Information”? The law is very broad and includes much more than just a Social Security number. It covers:
- Social Security or employer taxpayer ID numbers
- Driver’s license or state ID numbers
- Checking or savings account numbers
- Credit or debit card numbers
- PINs (Personal Identification Numbers)
- Electronic signatures or identification numbers
- Passwords
- Biometric data (fingerprints, retinal images)
- Mother’s maiden name
- Unique identifying numbers created by government bodies
Simply having someone else’s information might not be illegal if you have a legitimate reason (like a spouse handling finances with permission). The crime requires knowingly obtaining or using it without authorization and with fraudulent intent.
What Are the Penalties for Identity Theft in North Carolina?
North Carolina classifies identity theft as a serious felony:
- General Identity Theft: Typically a Class G felony.
- Aggravated Identity Theft: Can be elevated to a Class F felony if:
- The victim is elderly (65 or older) or disabled.
- The theft is committed as part of a larger conspiracy involving multiple victims or organized criminal activity.
- The person has prior convictions for identity theft.
Potential Penalties: A Class G or F felony conviction can lead to:
- Significant prison time (potentially several years depending on the class and prior record).
- Substantial fines.
- Mandatory restitution to victims for financial losses.
- A permanent felony record, severely impacting job prospects, housing, and other opportunities.
Federal Identity Theft Charges: It’s crucial to know that identity theft often triggers federal investigation and charges, especially if it involves:
- Using the mail (mail fraud).
- Using computers or the internet (wire fraud).
- Affecting federally insured financial institutions (bank fraud).
- Stealing government benefits (like Social Security).
- Large numbers of victims or significant dollar amounts.
Federal agencies like the FBI, Secret Service, and Postal Inspection Service investigate these cases. Federal identity theft convictions (under laws like 18 U.S.C. § 1028) often carry even harsher penalties, including mandatory minimum prison sentences in some cases (Aggravated Identity Theft). (Source: U.S. Department of Justice – Identity Theft Laws). An experienced lawyer must understand both state and potential federal implications.
How Do People Commit Identity Theft? (Common Scenarios)
Identity theft happens in many ways, both low-tech and high-tech:
- Data Breaches: Hackers steal large databases of personal information from companies or government agencies.
- Phishing: Emails, texts, or fake websites trick people into revealing personal information (passwords, account numbers).
- Skimming: Devices attached to ATMs or point-of-sale terminals capture credit/debit card information.
- Mail Theft: Stealing bank statements, credit card offers, or other mail containing personal data.
- Dumpster Diving: Finding discarded documents with sensitive information.
- Insider Theft: Employees stealing customer or co-worker information from their workplace.
- Shoulder Surfing/Spying: Watching someone enter a PIN or password.
- Pretexting: Pretending to be someone else (like a bank representative) to trick someone into giving up information.
A Less-Known Statistic: While major data breaches get headlines, a significant portion of identity theft is still committed by people known to the victim – family members, friends, roommates, or caregivers who have easier access to personal documents or information. Furthermore, synthetic identity theft, where criminals combine real (often a child’s stolen SSN) and fake information to create entirely new identities, is a rapidly growing and harder-to-detect form of fraud causing massive losses. (Source: Reports from credit bureaus like Experian or government agencies like the FTC often discuss synthetic ID theft trends).
What Defenses Can a Lawyer Use Against Identity Theft Charges?
Being accused of identity theft doesn’t automatically mean you’ll be convicted. An experienced North Carolina criminal defense lawyer can build a strong defense by challenging the prosecution’s case. Potential strategies include:
- Lack of Intent: The prosecution must prove you knowingly obtained or used the information with the intent to defraud. Maybe you possessed the information accidentally? Maybe you used it mistakenly without realizing it wasn’t yours or without intending to represent yourself as that person for fraudulent gain?
- Authorization/Consent: Did the person actually give you permission to possess or use their information for a specific purpose? (Note: Exceeding the scope of that permission could still be problematic).
- Mistaken Identity: Can the prosecution definitively prove you were the one who obtained or used the information? In online cases especially, tracing actions back to a specific individual can be challenging. Were you wrongly accused?
- Information Not Covered by Statute: Was the specific piece of information allegedly used actually included in the legal definition of “identifying information” under NCGS § 14-113.20?
- Illegal Search or Interrogation: If evidence was obtained by police through an illegal search or if you were questioned in violation of your Miranda rights, your lawyer can file a motion to suppress that evidence.
- Insufficient Evidence: Does the state have enough proof to meet the high standard of “beyond a reasonable doubt” for every element of the crime?
Investigating digital evidence, challenging search warrants, and negotiating with state or federal prosecutors are critical skills your lawyer needs. Finding the best defense often requires digging deep into the technical and factual details.
Key Takeaways for North Carolina Identity Theft Charges
- Identity theft involves knowingly using someone else’s personal info without permission for fraudulent purposes.
- It’s typically a Class G or F felony in NC, with serious potential prison time.
- Federal charges are common and often carry even harsher penalties.
- The definition of “identifying information” is very broad.
- Proving fraudulent intent is crucial for the prosecution.
- Defenses often focus on lack of intent, authorization, mistaken identity, or illegal searches.
- A conviction has severe long-term consequences for employment and reputation.
- Never talk to investigators (state or federal) without a lawyer.
- Contacting an experienced NC criminal defense lawyer immediately is vital.
Call to Action:
An identity theft accusation can unravel your life. Protect yourself with experienced legal representation. The Criminal Law team at Huggins Law Firm understands the complexities of state and federal identity theft laws and defends clients in Greensboro, Winston-Salem, and throughout the Piedmont Triad. Don’t face investigators or prosecutors alone. Contact us today for a confidential consultation.
Common Questions About Identity Theft for NC Criminal Lawyers
1. I didn't actually use the stolen information, I just had it on my computer. Can I still be charged?
Yes. Under NCGS § 14-113.20, knowingly possessing identifying information of five or more different people without authorization can be charged as identity theft (typically Class G felony), even if you haven’t used it yet. Simply obtaining or possessing the information with the underlying fraudulent intent can be enough for a charge, depending on the circumstances and quantity.
2. What if I used a fake name but didn't actually steal a real person's identity?
Using a completely fictitious name or creating a “synthetic identity” (combining real and fake info, often using a real SSN belonging to someone else, like a child) can still lead to serious charges. While it might not fit the classic definition of stealing one specific person’s identity under § 14-113.20, it would almost certainly fall under other fraud statutes like Obtaining Property by False Pretenses (if used to get credit or goods) or potentially federal fraud charges, depending on how the fake identity was used.
3. My ex is accusing me of identity theft because I knew their passwords. What can I do?
This situation requires careful handling. The key questions are: Did you have permission to access those accounts at the time you accessed them? And did you use that access for a fraudulent purpose (like draining a bank account or opening new credit in their name)? If you had prior shared access that was never explicitly revoked, or if the access wasn’t used for illegal gain, you may have a strong defense based on authorization or lack of fraudulent intent. However, accessing accounts after a breakup without clear, ongoing permission is very risky. Speak to a lawyer immediately.
4. The police want to search my computer for evidence of identity theft. Should I let them?
Absolutely not without a valid search warrant or consulting your lawyer first. You have constitutional rights protecting you from unreasonable searches. Politely tell the officers you do not consent to a search and that you wish to speak with your attorney. If they have a warrant, you must comply, but your lawyer should review the warrant immediately to ensure it was legally obtained and specific in scope. Consenting to a search often waives your right to challenge it later.
5. If I'm convicted of identity theft in North Carolina, will I have to pay the victims back?
Yes. Restitution is almost always ordered as part of a sentence for identity theft or any financial crime resulting in loss to a victim. The court will determine the amount of financial loss suffered by the victims (individuals, banks, credit card companies, etc.) and order you to repay that amount as a condition of probation or after release from prison. Failure to make restitution payments can lead to probation violations and potentially more jail time.
