James K. Minick

James K. Minick

Identity theft has recently become one of the fastest growing crimes due to the ease of access to private information through the Internet. This increase in identity theft has caused authorities to start aggressively attempting to combat identity theft through detection and prosecution. As such, identity theft is a serious offense and an individual charged with identity theft should strongly consider obtaining legal representation in dealing with their charges. Contact us at Minick Law for a free consultation on your case.

The following offenses list all the required elements of each crime and the prospective punishments an offender faces. In order to obtain a conviction, the State must prove each element beyond a reasonable doubt.

Identity Theft

Elements

A person is guilty if they:

  1. Knowingly
  2. Obtain, possess, or use
  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:
    1. Making financial or credit transactions in the other person’s name
    2. Avoiding legal consequences, or
    3. Obtaining anything of value, benefit, or advantage

Punishment

If a person is guilty of identity theft, they are guilty of Class G felony under N.C. Gen. Stat. § 14-113.22(a) unless:

  • The victim suffers arrest, detention, or conviction as a proximate result of the offense, or
  • The person is in possession of identifying information pertaining to three or more separate persons

If one of those factors exists, the defendant is guilty of a Class F felony under N.C. Gen. Stat. § 14-113.22(a).

Possession or Manufacture of Fraudulent Identification

Elements

A person is guilty if they:

  1. Knowingly
  2. Possess or manufacture
  3. A false or fraudulent form of identification
  4. For the purpose of deception, fraud, or other criminal conduct

Punishment

If a person is guilty of possession or manufacture of fraudulent identification, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-100.1(e)

Obtaining Identification by Fraud

Elements

A person is guilty if they:

  1. Knowingly
  2. Obtain
  3. A form of identification
  4. By the use of false, fictitious, or fraudulent information

Punishment

If a person is guilty of obtaining identification by fraud, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-100.1(e).

Trafficking in Stolen Identities

Elements

A person is guilty if they:

  1. Sell, transfer, or purchase
  2. Identifying information of another person
  3. With the intent to commit identity theft or to assist another person in committing identity theft

Punishment

If a person is guilty of trafficking in stolen identities, they are guilty of a Class E felony under N.C. Gen. Stat. § 14-113.22(a1).

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