Identity Theft

Identity theft under North Carolina General Statute 14-113.20 occurs when a person (1) knowingly (2) obtains, possesses, or uses (3) identifying information of another person, living or dead, (4) with the intent to fraudulently represent the person is the other person (5) for the purpose of making financial or credit transactions in the other person’s name, avoiding legal consequences or obtaining anything of value, benefit, or advantage.

Identity theft is a class G felony with a maximum punishment under the law of 47 months incarceration. However, if the victim suffers arrest, detention, or conviction as a proximate cause of the offense or the person is in possession of identifying information pertaining to three or more separate persons, the crime is punished as a class F felony with a maximum punishment under the law of 59 months incarceration.