What You Need to Know about Identity Theft Laws in Ohio
Identity theft is the same crime as identity fraud in Ohio. Here’s what you need to know about identity fraud in Ohio.
Ohio defines identity theft, otherwise known as identity fraud, as obtaining, possessing, and/or using another person’s personal identifying information with the intent to either pretend to be that person or use that information as one’s own. Ohio also defines the intent to aid another person in this act as identity fraud.
What is Personal Identifying Information in Ohio?
Personal identifying information in Ohio includes:
- Name
- Address
- Phone number
- Driver’s license
- Driver’s license number
- Commercial driver’s license
- Commercial driver’s license number
- State identification
- State identification card number
- Social security card
- Social security card number
- Financial account number
- Personal identification number
- Credit card number
This information can belong to a person who is living or deceased. Either way, obtaining, possessing, and/or using this personal identifying information is identity fraud in Ohio.
Related: Ohio Sexual Assault Laws: Explained
Identity Fraud Against a Person in a Protected Class in Ohio
Identity fraud against a person considered part of a protected class in Ohio is a more serious crime. People in protected classes include:
- Elderly people
- Disabled adults
- Active duty service members
- Spouses of active duty service members
In these cases, the penalty for identity fraud is more severe.
Defenses for Identity Fraud in Ohio
If an offender is acting in their capacity as a legally recognized guardian or conservator or as a trustee or fiduciary for the victim, Ohio does not consider the possession or use of personal identifying information to be identity fraud.
Ohio does not consider identity fraud if the offender is a law enforcement agency or authorized fraud personnel acting with prior consent as part of a legal investigation.
It is not a defense that the victim of identity fraud was deceased at the time of the crime.
Penalties for Identity Fraud in Ohio
If the value or intended value of the identity theft is less than $1,000, it is a felony of the fifth degree, which carries a prison sentence of six to 12 months.
If the value or intended value of the theft is between $1,000 and $7,500, the conviction is increased to a felony of the fourth degree. This conviction carries a maximum sentence of 18 months.
If the value or intended value of the theft increases to between $7,5000 and $150,000, it is a felony of the third degree, which carries a maximum prison time of 60 months.
If the value or intended value of the theft is more than $150,000, it is a felony of the second degree. An Ohio court will assign a minimum sentence of two to eight years. The maximum sentence is equal to the court’s determination of the minimum sentence plus half of the minimum sentence.
Related: Ohio Statutory Rape Laws: Elements, Exceptions, Penalties
In cases of identity fraud against a person in a protected class in Ohio, if the value or intended value of the theft is:
- Less than $1,000: felony of the fourth degree
- Between $1,000 and $7,500: felony of the third degree
- Between $7,500 and $150,000: felony of the second degree
- Higher than $150,000: felony of the first degree
An Ohio court will assign a minimum prison sentence of two to 11 years for a first-degree felony conviction. The maximum prison sentence for a felony of the first degree is the court-determined minimum sentence plus half of that determination.
If the victim of the identity fraud is an elderly person, the defendant must pay full restitution in addition to a fine of up to $50,000.
Victims of identity theft also have a right to file a civil suit against the defendant.
FAQs About Identity Fraud in Ohio
What is the statute of limitations for identity fraud in Ohio?
The statute of limitations for identity fraud in Ohio is six years from the offense or, if that time has expired, five years from the discovery of the offense.
Can a victim of identity fraud file a civil action in Ohio?
Yes, a victim of identity fraud in Ohio can file a civil action in addition to criminal charges against the defendant.
Contact Us
If you or a loved one would like to learn more about Ohio Identity Theft Laws, get your free consultation with one of our Criminal Defense Attorneys in Ohio today!