Fraudulent Use of Personal Identification in Florida

If accused of Fraudulent Use of Personal Identification in Florida, you need to know the:

Definition of Fraudulent Use of Personal Identification

Under Florida Statute 817.568, the crime of Fraudulent Use of Personal Identification is committed when a person fraudulently uses, or possesses with intent to fraudulently use, the personal identification information of another person without first obtaining that person's consent.

Personal Identification Information

Personal identification information is defined as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person. [1]

Examples of such information include:

  1. Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official government issued identification or identification number, bank account number, credit or debit card number, or personal identification number or a debit card PIN;
  2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
  3. Unique electronic identification number, address, or routing code;
  4. Medical records;
  5. Telecommunication identifying information or access device; or
  6. Other number or information that can be used to access a person’s financial resources.

Penalties for Fraudulent Use of Personal Identification

The penalties for the crime of Fraudulent Use of Personal Identification increase based upon the pecuniary value of the fraud perpetrated or the number of victims defrauded.

Third Degree Felony Fraudulent use of a Credit Card

The crime of Fraudulent Use of Personal Identification involving less than $5,000 in pecuniary benefit or fewer than 10 victims is classified as a Third Degree Felony and is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Felony Fraudulent Use of Personal Identification, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Second Degree Felony Fraudulent use of a Credit Card

The crime of Fraudulent Use of Personal Identification involving $5,000-$50,000 in pecuniary benefit or 10-20 victims is classified as a Second Degree Felony and is assigned a Level 5 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Second Degree Felony Fraudulent Use of Personal Identification, a judge is required to impose a mandatory minimum 3 year prison sentence and can also impose any combination of the following penalties:

  • Up to fifteen (15) years in prison.
  • Up to fifteen (15) years of probation.
  • Up to $10,000 in fines.

First Degree Felony Fraudulent use of a Credit Card

The crime of Fraudulent Use of Personal Identification involving $50,000-$100,000 in pecuniary benefit or 20-30 victims is classified as a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of First Degree Felony Fraudulent Use of Personal Identification, a judge is required to impose a mandatory minimum 5 year prison sentence and can also impose any combination of the following penalties:

  • Up to thirty (30) years in prison.
  • Up to thirty (30) years of probation.
  • Up to $10,000 in fines.

First Degree Felony Fraudulent use of a Credit Card

The crime of Fraudulent Use of Personal Identification involving $100,000 or more in pecuniary benefit or 30 or more victims is classified as a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of First Degree Felony Fraudulent Use of Personal Identification, a judge is required to impose a mandatory minimum 10 year prison sentence and can also impose any combination of the following penalties:

  • Up to thirty (30) years in prison.
  • Up to thirty (30) years of probation.
  • Up to $10,000 in fines.

Defenses to Fraudulent Use of Personal Identification

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Fraudulent Use of Personal Identification are:

Authorization

It is a defense to the crime of Fraudulent Use of Personal Information that the alleged victim authorized the accused to use his or her personal information. [2]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Fraudulent Use of Personal Identification in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. 817.568(1)(f)
  2. Townshend v. State, 965 So. 2d 236 (Fla. 5th DCA 2007)