Identity Theft in Louisiana: What are the Penalties?
Louisiana has a specific criminal statute dealing with identity theft. See LA Rev. Statutes, §14:67.16. In Louisiana, identity theft is defined as "the intentional use, possession, transfer, or attempted use, with fraudulent intent, by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or anything else of value without the authorization or consent of the other person."
As can be seen, this is a crime of theft using fraud as a mechanism. That is, instead of physically stealing something of value, the theft is accomplished by fraudulently pretending to be someone -- impersonation of their identity.
So, the legal elements of identity theft are
Intent
Fraudulent use
Of another person's personal identifying information
To obtain money or something of value
In the absence of consent or authorization of the other person
Like most theft crimes in Louisiana, the punishments depend on the value of what is stolen (cumulatively). The punishments are
Identify theft resulting in the theft of less than $300 -- potential jail time of up to six months and a potential fine of up to $500
Value from $300 to $499 -- potential jail time of up to 3 years and a potential fine of up to $3,000
Value from $500 to $999 -- potential jail time of up to 5 years and a potential fine of up to $5,000
Value from $1,000 or higher -- potential jail time of up to 10 years and a potential fine of up to $10,000
In addition, in all cases, upon conviction, the criminal defendant shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.
Furthermore, as with other theft crimes, when the victims are of certain categories, then minimum sentencing guidelines or enhanced punishments apply. The categories are victims who are 60 years of age or older, victims under 17, and those with disabilities. The changes are as follows
Value of the theft less than $300 -- enhanced punishment of potential jail time of up to 1 year
Value from $300 to $499 -- minimum sentence is one year
Value from $500 to $999 -- minimum sentence is two years
Value from $1,000 or higher -- minimum sentence is three years
Potential criminal defenses
If you have been arrested or are being investigated for alleged identity theft, contact a top-tier and experienced Shreveport criminal defense attorney here at the Law Offices of Philip B. Adams. Our offices are in Shreveport, Louisiana.
Many potential criminal defenses to alleged identity theft focus on the criminal elements listed above. Thus, one potential defense is to show that there was consent or authorization. Generally, consent can be explicit or can be implied. There is also a stated exemption in the statute for when a false identity is used for the "sole purpose of misrepresenting his age."
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.