Virginia ID Theft Lawyers

Identity Theft in Virginia

The lawyers of Jurach, Tacey & Quitiquit have decades of experience with Identity Theft Crimes in Virginia. Our lawyers previously served as prosecutors in multiple jurisdictions around Virginia. They decided to use the experience they gained to form the Criminal Defense Law Firm of Jurach, Tacey & Quitiquit.

What is Identity Theft in Virginia?

Identity theft, or ID theft for short, is a crime in Virginia. It can be charged as a felony or misdemeanor. The Virginia statute covering ID theft is § 18.2-186.3, and the full language of the statute as of the time of writing this is below. The best way to explain ID theft is that it is a crime of stealing or using someone else’s identifying information. There are many different facts that can lead to a charge of Identity Theft. Additionally, there are a number of defenses to being charged with the crime of ID theft.

Contact a Lawyer with experience dealing with ID Theft

Tony Quitiquit, Brian Tacey, and Adam Jurach regularly handle serious Criminal cases around Virginia. To contact us, please complete this form and we’ll respond as soon as we are able. In addition you can call the office at 804-531-5524. Let one of our lawyers help you through the difficult process of being charged with a crime.

Identity Theft Statute

§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance.

A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:

Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;
Obtain identification documents in such other person’s name; or
Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.

B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:

Fraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;
Obtain identification documents in such other person’s name; or
Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.

B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation.

C. As used in this section, “identifying information” shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver’s license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services.

D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.

E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.

F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.

The content of this Blog/Web Site does not constitute legal advice. Because legal advice must be tailored to the specific circumstances of each case and laws are constantly changing, you should seek the assistance of licensed and competent legal counsel for specific legal advice.