What Constitutes Identity Theft in South Carolina?
We have become more and more reliant on electronic means of doing business and communicating with one another, and in the process, identity theft has become an even more serious concern. Identity theft refers to illegally using another person’s identifying information for one’s own gain, and the consequences of a conviction are serious. If you are facing an identity theft charge, consulting with an experienced Greenville identity theft defense attorney early on can make a serious difference in the outcome of your case.
Identifying Information
Identity theft relates to illegally using someone else’s identifying information, and common examples include the numbers and information associated with the following:
- Driver’s license or state-issued ID
- Social security cards
- Debit or credit cards
- Bank accounts
- PINs and other electronic identifiers
- Passwords and other information used to retrieve private information
- Digital signatures
It should be noted that the personal identifying information in question need not be stolen for the charge of identity theft to apply. For example, when a perpetrator fraudulently uses a family member’s identifying information that they have legal access to, such as a child’s or spouse’s information, it can still qualify as identity theft.
For Financial Gain or Another Benefit
There is a range of nefarious purposes when it comes to identity theft. The most common, however, is financial gain, such as when the accused uses someone else’s credit or debit card information to make purchases for themself. Other examples include dipping into someone else’s bank account or taking out a credit card in someone else’s name.
Identity theft, however, does not end here. Some cases involve filing taxes in someone else’s name as a means of generating a return that the perpetrator takes advantage of, applying for employment in another person’s name, or even using the other person’s identity to avoid criminal charges or detection by a government agency.
The Necessary Elements of the Charge
For an identity theft charge to hold, each of the following elements must apply:
- The person whose private information was used must not have consented to the use.
- The information used must qualify as personal identifying information, which includes the forms of evidence listed above.
- The accused person’s intent must have been the commission of a crime, such as illegally obtaining money or services or procuring some other benefit through fraudulent means.
When the charge is financial identity theft, the defendant must also intend to use the identifying information acquired to steal money, property, or anything else of value from the victim. This is one of the most serious forms of identity theft.
Discuss Your Case with an Experienced Greenville Identity Theft Defense Lawyer Today
The well-established legal team at Ryan Beasley Law in Greenville, SC, dedicates their imposing practice to fiercely defending the legal rights of valued clients like you. We will spare no effort on your behalf, so please don’t delay reaching out by contacting us online or calling us at 864-756-4204 today.