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Identity theft charges in Rhode Island
Under Rhode Island criminal law, Identity Fraud may be found under Rhode Island General Laws, Section 11-49.1-3.
This offense makes it unlawful for a person to knowingly and without lawful authority to produce, transfer, or possess an identification or a false identification document with the intent to defraud another or with the intent to commit an unlawful act.
A person may also be convicted of Identity Fraud if he or she knowingly possesses with intent to use unlawfully five (5) or more identification documents or false identification documents.
Possessing false identification documents and financial information with the intent to defraud the United States, the State of Rhode Island, any political subdivision of it or any public or private entity is also considered Identity Fraud.
Furthermore, the possession of or use of a document-making implement with the intent that it be used in the production of false identification documents or another document-making implement which will be so used, is a criminal act.
Important identity fraud definitions
A “document-making implement” means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement.
An “identification document” is any document made or card issued by a lawful authority intended or commonly accepted for the purpose of identification of individuals.
Any information identifiable to an individual such as account numbers and balances, transactional information concerning any account, or codes, passwords, social security numbers, tax identification numbers, driver’s license numbers or any other information held for the purpose of account access or transaction initiation is considered “Financial information.”
Legal elements for identity fraud
In order to be convicted of Identity Fraud, there must exist strong evidence of the following legal elements:
- (1) the defendant produced, transferred, or possessed an identification or false identification document
- (2) the defendant came into possession of the identification without lawful or authority or that the identification was false; and
- (3) the defendant intended to defraud another with the identification or intended to commit an unlawful act with the identification.
Potential punishment if convicted of identity fraud in Rhode Island
Penalties for first offense identity fraud
Under Rhode Island law, a conviction for Identity Fraud is a felony. Convicted offenders shall be sentenced to imprisonment for not more than 3 years for a first-time offense.
Penalties for second offense identity fraud
For a second offense, a defendant may be sentenced to imprisonment for not less than 3 years nor more than 5 years.
Third offense
If a defendant is convicted a third time, he or she shall be sentenced to imprisonment for not less than 5 years nor more than 10 years. These penalties may be found at Rhode Island General Laws, Section 11-49.1-4.
Contact identity fraud defense lawyer John L. Calcagni, III
If you or a loved one have been charged with identity theft call the Rhode Island White Collar Crime Lawyers at the Law Office of John L. Calcagni, III at (401) 351-5100 today to schedule a free consultation.
