Identity Theft — Louisiana

New Orleans White Collar Crime Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Louisiana Identity Theft Criminal Defense

 

Elizabeth B. Carpenter Law Firm has defended many individuals accused of Identity Theft.  If you are being charged with any White Collar or Economic Crime, contact our office for a consultation.  Our job is to protect your rights!

 

Identity Theft : La RS 14:67.16

 Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or any thing else of value without the authorization or consent of the other person.

 

Value $1,000 or more

Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000, or both.

Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than$10,000, or both.

Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than $10,000 thousand dollars, or both.

 

Value of $500 but less than $1,000

Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of  $500.00 or more, but less than $1,000 dollars, shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $5,000, or both.

Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500.00 dollars or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2  years and not more than 5 years, or may be fined not more than $5,000 dollars, or both.

Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2 years and not more than 5 years, or may be fined not more than $5,000, or both.

 

Value of $300 but less than $500

Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of  $300 hundred dollars or more, but less than $500, shall be imprisoned, with or without hard labor, for not more than 3 years, or may be fined not more than $3,000, or both.

Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000, or both.

Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500 hundred dollars, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000 dollars, or both.

 

Value less than $300 — Misdeameanor

Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value less than  $300, shall be imprisoned for not more than 6 months, or may be fined not more than $500 hundred dollars, or both.

Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500, or both.

Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500.00, or both.

 

Enhancements

Upon a third or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.

 

**When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense.

 

Restitution

A person convicted of Identity Theft shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.  If a person ordered to make restitution is found to be indigent and the court shall order a periodic payment plan consistent with the person’s financial ability.

 

** This statute shall not apply to any person who obtains another’s driver’s license or other form of identification for the sole purpose of misrepresenting his age because this is an economic crime.

 

What do I do if I think that I am the victim of Identity Theft in Louisiana?

Any person who has learned or reasonably suspects that his personal identifying information has been unlawfully used by another in violation of any provision of this Section may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over the area of his residence.  Any law enforcement agency which is requested to conduct an investigation under the provisions of this Subsection shall take a police report of the matter from the victim, provide the complainant with a copy of such report, and begin an investigation of the facts.  If the crime was committed in a different jurisdiction, the agency preparing the report shall refer the matter, with a copy of the report, to the local law enforcement agency having jurisdiction over the area in which the alleged crime was committed for an investigation of the facts.

Any officer of any law enforcement agency who investigates an alleged violation in compliance with the provisions of this Subsection shall make a written report of the investigation that includes the name of the victim; the name of the suspect, if known; the type of personal identifying information obtained, possessed, transferred, or used in violation of this Section; and the results of the investigation.  At the request of the victim who has requested the investigation, the law enforcement agency shall provide to such victim the report created under the provisions of this Paragraph.  In providing the report, the agency shall eliminate any information that is included in the report other than the information required by this Paragraph.

If you are being charged with any White Collar or Economic Crimecontact our office for a consultation.

 

 

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