Penalties for Identity Theft in Illinois

Updated on 08/11/2023 / Under

The penalties for identity theft in Illinois are a serious white-collar crime. Felony offenses can result in prison sentences, fines up to $25,000, and restitution payments to victims.

The crime of identity theft is defined as using someone else’s identifying information without their permission with the intent to commit fraud or other criminal activity. This includes using another person’s name, social security number, driver’s license number, birth certificate, personal identification document, the use of false documents or financial information, credit card fraud, or any other identifying data for fraudulent purposes.

Chicago identity theft lawyer Alex Ktenas

Identity theft is typically a felony in Illinois and can result in prison time of up to three years and a $25,000 fine. If the identity thief committed the crime to obtain money or property, they can be charged with a Class 2 felony and face  3-7 years in prison.

Restitution may also be ordered for victims for the cost of any financial losses incurred due to the crime. Victims may pursue civil action against the offender or organized gang for damages, including financial losses and emotional distress.

If you are facing charges of aggravated identity theft, it is crucial to seek assistance from an experienced white-collar criminal attorney who can defend your rights. Ktenas Law is here to provide expert defense strategy, guidance, and support.

Identity theft crimes in Illinois can result in substantial criminal convictions. Illinois law defines identity theft as the use of someone else's identifying information such as a social security card or identification cards to obtain goods, money, or services or commit a felony. Selling or transferring stolen data to someone who intends to use it for criminal purposes can also result in charges for identity theft. Any use of stolen identifying information with knowledge of its unlawful acquisition qualifies as identity theft.

someone stealing information off of someone's computer

Those accused of identity theft should know that crimes involving innocent people are met harshly under Illinois law and being found guilty can mean several years in prison along with fines. As such, those who are accused should double-check the evidence against them before considering pleading guilty or trying to work out a plea deal.

Working with an experienced criminal defense lawyer with extensive experience could help individuals navigate their legal cases more efficiently and effectively if they have been falsely accused of this serious form of fraud.

How do Identity Thieves Get My Personal Information?

Identity thieves can get personal information in a variety of ways. Some of the most common types of theft methods include stealing wallets, purses, or mail; going through trash cans; obtaining credit applications; accessing public records or databases; using social engineering tricks to obtain sensitive information; and hacking into computers and networks.

a paper with identity theft being shredded, Penalties for Identity Theft

Identity thieves may also use methods such as buying personal information from other criminals, taking advantage of data breaches, or even creating fake social media accounts and posing as a person’s friend or family member to gain access to their personal information. It is important to be aware of these tactics and take steps to protect your identity by regularly monitoring your credit reports, using strong passwords, and being careful about who you share your information with.

What Actions Constitute Identity Theft in Illinois?

Identity theft is defined as using someone else's personal information for personal gain. Under Illinois law, knowingly using such information for theft of credit, money, goods, services, or change of identity or property is a crime. Possessing, selling, buying, or manufacturing these documents illegally is also a violation.

If someone uses a false identification device to commit a felony, they can be charged with theft of identity. Impersonating someone without permission to access their information is also a crime. Illinois law clearly defines identity theft and the punishments for these crimes.

bits of shredded paper containing someone's identity information

To stay safe from social security fraud, repair fraud, financial institution fraud,  and check fraud offenses, individuals should regularly protect their data with strong passwords and shred sensitive documents. 

Penalties for Identity Theft in Illinois

Identity theft is a serious crime with harsh consequences in Illinois. If an offender is convicted of identity theft, they could face one of four felonies depending on the value of money or assets involved.

  • If the crime involved less than $300, then the offender could be charged with a Class 4 felony which carries a fine of up to $25,000 and up to 3 years in prison.
  • For crimes involving between $300 and $2,000, offenders could face a Class 3 felony which carries a fine of up to $25,000 and up to 5 years in prison.
  • For crimes involving between $2,000 and $10,000, offenders can be convicted of a Class 2 felony which comes with a maximum fine of $25,000 and up to 7 years in prison.
  • Lastly, if the crime involved more than $10,000 but less than $100,000 then the offender could face Class 1 felony charges which come with a maximum fine of $25,000 and up to 15 years in prison. 
  • Class X felony is the most severe category of felony and pertains to an elderly or disabled person. Individuals who are convicted of this offense may incur severe consequences, which include imprisonment for up to 30 years and fines of up to $25,000.
"identity theft" written on a chalkboard

Fighting Back Against Identity Theft Charges in Illinois 

Criminal charges for identity theft in Illinois are a very serious matter. Fortunately, there are options to fight back against a wide variety of charges such as wire fraud, bank fraud, and tax fraud, and successfully defend yourself. Ktenas Law identity theft defense lawyers are dedicated to helping individuals protect their legal rights when facing a charge of identity theft.

In Illinois, identity theft is a Class 4 felony. A conviction can result in up to three years in prison and a fine of $25,000. Ktenas Law has skilled identity identity theft attorneys who know the ins and outs of this crime and will fight for you in court. 

Call today to speak to an experienced Illinois criminal defense lawyer and receive a free consultation!