Oklahoma identity theft happens often. Someone leaves a piece of personal identification behind in the middle of a transaction or hackers make their way to your personal identifying information and sell it to the highest bidder. Here is what you need to know about the crime of identity theft in Stillwater, Oklahoma.
How Oklahoma Law Defines Identity Theft
Identity theft is under the umbrella of crimes surrounding false impersonation. Oklahoma identity theft is defined as fraudulently obtaining the name, address, Social Security number, date of birth, place of business or employment, debit, credit or account numbers, driver license number, or any other personal identifying information of another person for the purpose of bettering one’s own financial situation by obtaining money, credit, goods, services, or the like without the consent of the other person. Okla. Stat. tit.21 § 1533.1
Also, it is a crime to use or sell or give away anyone’s personal identifying or financial information without explicit consent.
In addition, it is a violation of this statute to use another’s identity to fraudulently obtain credit, anything of value, or any identifying information in the name of that person.
Finally, the statute makes it a crime to willfully create or change any personal identifying information of another person with the intent to fraudulently obtain anything of value or to control, use, or encumber another person’s credit, accounts, goods, property, title, or any other interest or benefit without consent.
It is a misdemeanor in Stillwater to lend, sell, or give any of your identifying information to another person so that they can use it to create or obtain identifying documents.
Defenses Against Identity Theft
There are defenses available to you if you are charged with this crime. This is a crime based on intent. The prosecution must prove that a defendant was acting with fraudulent intent. Any fact that mitigates against a finding of fraudulent intent will act as a defense.
The other big defense against the crime is permission. If you were acting with permission, there was no identity theft.
A conviction is punishable by one to five years in prison, a fine of up to $100,000, or both. In addition, the court may order you to pay restitution to the victim. Also, the victim may bring a civil action against you for damages.
The loss of one’s freedom is always a serious penalty. In addition to prison, however, courts allow monetary fines and a civil action for compensatory damages. This combination could cripple your financial future for years to come.
The penalties for this crime are severe enough that you should never try to handle this matter without the help of an experienced Stillwater criminal defense attorney.
Free Consultation With A Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a free consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a free consultation or submit a question through this website.