In our increasingly digital world, identity theft has become a growing concern for many Maryland residents. At Shepard Law, we believe that understanding the legal definition and implications of identity theft is crucial for protecting yourself and knowing your rights. In this blog post, we’ll explore what constitutes identity theft in Maryland and the potential consequences of this serious offense.
Legal Definition of Identity Theft in Maryland
Under Maryland law, identity theft falls under the broader category of identity fraud, which is outlined in the Maryland Criminal Code, Section 8-301. Identity theft occurs when a person knowingly, willfully, and with fraudulent intent possesses, obtains, or helps another to possess or obtain personal identifying information of an individual, without that individual’s consent. The key here is the intention to use, sell, or transfer this information to gain a benefit, credit, good, service, or other thing of value, or to access health information or health care.
What Constitutes Personal Identifying Information?
Personal identifying information, as defined by Maryland law, encompasses a wide range of data. This includes, but is not limited to, a person’s name, address, telephone number, driver’s license number, Social Security number, place of employment, employee identification number, health insurance identification number, medical identification number, mother’s maiden name, bank account number, date of birth, personal identification number, unique biometric data (such as fingerprints or retina scans), digital signature, credit card number, or other payment device number.
Beyond Financial Gain: Other Forms of Identity Theft
It’s important to note that identity theft in Maryland isn’t limited to using someone’s information for financial gain. The law also covers using another person’s identity to avoid identification, apprehension, or prosecution for a crime. Additionally, assuming the identity of another person, even a fictitious one, with fraudulent intent to get a benefit, access health information or health care, or avoid paying a debt or other legal obligation, is considered identity theft.
Technological Advancements and Identity Theft
In recent years, Maryland law has expanded to address technological advancements in identity theft. The use of re-encoders or skimming devices to access, read, scan, obtain, memorize, or store personal identifying information or payment device numbers without consent is now explicitly prohibited. This provision aims to combat sophisticated methods of stealing credit card information.
Penalties for Identity Theft in Maryland
The severity of punishment for identity theft in Maryland depends on the value of the benefit or services obtained through the fraudulent activity. For instance, if the value is less than $1,500, it’s considered a misdemeanor, punishable by up to one year in prison and a fine of up to $500. However, if the value is $1,500 or more, it becomes a felony with more severe penalties. The most serious cases, where the value exceeds $100,000, can result in up to 20 years in prison and a fine of up to $25,000.
Related Offenses
It’s worth noting that Maryland has specific provisions for related offenses. For instance, selling or offering to sell identification cards with incorrect information or blank spaces for age or date of birth is a separate crime. Similarly, possessing or using fraudulent government identification documents, such as passports, driver’s licenses, or Social Security cards, with fraudulent intent is also prohibited.
How Shepard Law Can Help
At Shepard Law, we understand the complexities of identity theft cases and the significant impact they can have on individuals and families. If you’re facing identity theft charges, it’s essential to seek experienced legal counsel. Our team is dedicated to protecting your rights and guiding you through the legal process.
Remember, a strong defense often begins with early intervention. If you have questions about identity theft charges, don’t hesitate to reach out. Contact Shepard Law today at (410) 648-4008 for a confidential, free consultation. Our experienced criminal defense attorney is ready to listen to your case and provide the expert guidance you need to navigate this challenging situation.
