Identity Theft

1. Identity Theft (Minn. Stat. § 609.52, Subd. 2(1))

• Definition: Identity theft occurs when someone knowingly uses another person’s personal information (e.g., name, Social Security number, credit card numbers) without their permission to commit fraud or other crimes.
• Key elements:
  • The defendant knowingly obtains, uses, or attempts to use someone else’s identity for fraudulent purposes, such as to gain access to credit, commit fraud, or obtain goods or services.
  • This crime includes using the victim’s personal information to open bank accounts, apply for loans, make purchases, or access services.
• Penalties:
  • Felony charge
  • Penalties vary based on the amount of loss or damage and number of identities stolen:
    • If the victim’s loss exceeds $2,500, it can result in up to 5 years in prison and/or a fine up to $10,000.
    • If the victim’s loss is less than $2,500, the offense may be classified as a gross misdemeanor with up to 1 year in jail and/or a fine up to $3,000.

Example: A person opens a credit card in someone else’s name and racks up charges without their consent.

2. Aggravated Identity Theft (Minn. Stat. § 609.52, Subd. 3)

• Definition: Aggravated identity theft involves identity theft in which the defendant causes significant harm or commits identity theft as part of a larger criminal enterprise.
• Key elements:
  • The defendant engages in identity theft on a larger scale, such as organizing or running an identity theft ring or committing multiple thefts that involve substantial financial loss.
• Penalties:
  • Felony charge
  • Up to 10 years in prison and/or fine up to $20,000, depending on the specifics of the crime.

Example: A person runs a business that uses stolen identities to file false tax returns and receive refunds, impacting multiple victims.

3. Possession of Stolen Information (Minn. Stat. § 609.52, Subd. 3a)

• Definition: This crime involves possessing another person’s identification information (such as credit card numbers, Social Security numbers, or other personal data) with the intent to commit identity theft or fraud.
• Key elements:
  • The defendant possesses stolen or illegally obtained personal information without authorization, intending to use it for fraudulent purposes.
• Penalties:
  • Felony charge
  • Penalties vary based on the level of fraud or theft involved, but this can include up to 10 years in prison and/or fines up to $20,000.

Example: A person is found in possession of several stolen credit card numbers and Social Security numbers, intending to use them to commit fraud.

Defenses to Identity Theft in Minnesota

Several defenses may be used to challenge identity theft charges in Minnesota:

1. Lack of Intent to Commit Fraud

• Identity theft requires intent—the defendant must knowingly use someone else’s identity to commit fraud or another criminal act.
  • If the defendant can prove that they did not intentionally use someone else’s personal information for fraudulent purposes, they may be able to avoid a conviction.
  • Example: A person uses a credit card they found, believing it was theirs, and did not intend to commit fraud.

2. Mistaken Identity

• Mistaken identity can occur in identity theft cases, especially if the evidence is circumstantial or if there are issues with identification.
  • The defendant may argue that they were wrongfully accused or that there was confusion about who committed the crime.
  • Example: A person is charged with identity theft based on mistaken identification by a victim or witness.

3. No Financial Loss or Damage

• While identity theft does not require a victim to experience financial loss to be charged, the extent of damage can influence the severity of the charges.
  • If the defendant can show that no actual harm or no significant loss occurred, the charges may be reduced or dismissed.
  • Example: A defendant uses another person’s identity but is caught before any fraudulent activity results in significant financial damage.

4. Consent or Authorization

• If the defendant can prove that they had the victim’s consent to use their personal information or that the information was not used for fraudulent purposes, they may have a valid defense.
  • Example: A person may have used someone else’s identity to help them with their financial situation, but the victim had agreed to this.

5. Lack of Knowledge of the Stolen Information

• If the defendant did not know that the information they were using was stolen or fraudulent, they may be able to argue a lack of knowledge or intent to commit identity theft.
  • Example: A defendant buys a credit card number from someone, believing it was legitimately obtained, but it turns out to be stolen.