Theft how much is a felony

Criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a class 5 felony. Criminal possession of two or more identification documents, of which at least two are issued to different persons, is a class 6 felony.

When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim. Code Ann. It is an affirmative defense that the accused: 1 Reasonably believed that the victim was not 65 years of age or older at the time of the offense; or 2 Could not have determined the age of the victim because of the manner in which the offense was committed.

When a person is convicted of identity theft, the court may, in addition to any other applicable penalty, order restitution for the full amount of financial injury. Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is less than 18 years of age without first obtaining the consent of that individual or of his or her legal guardian commits a felony of the second degree.

Any person who is in the relationship of parent or legal guardian, or who otherwise exercises custodial authority over an individual who is less than 18 years of age, who willfully and fraudulently uses personal identification information of that individual commits a felony of the second degree. Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual, a felony of the third degree.

Any person convicted of a violation of this Code section shall be punished by imprisonment or community service, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy. Any person found guilty of a violation of this article may be ordered by the court to make restitution to any consumer victim or any business victim of such fraud. A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation.

Financial loss may include any costs incurred by such victim in correcting the credit history of such victim, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees. Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated.

Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime. A person convicted of any offense enumerated in paragraphs 2 through 7 of subsection a is guilty of a Class 3 felony. A person convicted of any offense enumerated in paragraphs 2 through 7 of subsection a when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 2 felony.

A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time is guilty of a Class 2 felony. A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.

A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is guilty of a Class 2 felony. A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a with respect to the identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, when the victim of the identity theft is an active duty member of the armed services or reserve forces of the United States or of the Illinois National Guard serving in a foreign country is guilty of a Class 1 felony.

A person convicted of identity theft in violation of paragraph 8 of subsection a of this Section is guilty of a Class 4 felony. Aggravated identity theft for a violation of any offense enumerated in paragraphs 2 through 7 of subsection a of this section is a Class 2 felony. Aggravated identity theft when a person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 7 of subsection a of this Section with identifiers of, or other information relating to, three or more separate individuals, at the same time or consecutively, is a Class 1 felony.

A person who has been previously convicted of aggravated identity theft regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved is guilty of a Class X felony.

Any real or personal property obtained by a person as a result of a violation of this section, including but not limited to any money, interest, security, claim, contractual right, or financial instrument that is in the possession of the person, shall be subject to seizure and forfeiture pursuant to chapter A.

If, after 60 days from the date restitution is ordered by the court, a defendant is found to be in noncompliance with the plan established by the court for payment of restitution, and the victim to whom restitution is ordered paid has not initiated proceedings in accordance with K.

The chief judge of each judicial district may assign such cases to an appropriate division of the court for the conduct of civil collection proceedings. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are: x identity theft and identity fraud, as defined in subsections a and b of K. Violation of this section is a Class D felony.

If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS Trafficking in financial information is a Class C felony.

If the person violating this section is a business that has violated this section on more than one 1 occasion, then that person also violates the Consumer Protection Act, KRS Theft of identity is a Class D felony.

A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation. Trafficking in stolen identities is a Class C felony. Restitution for financial loss resulting from theft of identity or trafficking in stolen identities.

In addition to the financial loss detailed in subsection 1 of this section, the person or entity may include a financial institution, insurance company, or bonding association that suffers direct financial loss as a result of the violation.

When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense. In addition to the foregoing penalties, a person convicted under this section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.

If a person ordered to make restitution pursuant to this section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability. Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes. In addition to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article, a court may order a person who pleads guilty or nolo contendere or who is found guilty under this section to make restitution to the victim for reasonable costs, including reasonable attorney's fees, incurred: 1 for clearing the victim's credit history or credit rating; and 2 in connection with a civil or administrative proceeding to satisfy a debt, lien, judgment, or other obligation of the victim that arose because of the violation.

Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.

This presumption may be rebutted by clear and convincing evidence. In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3.

Getting Legal Help There are many kinds of theft crimes, including ones not discussed in this article. Talk to a Lawyer Start here to find criminal defense lawyers near you.

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Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Our lawyers stand ready to prepare a strong defense on your behalf. The Law Offices of Adrian H. Call or use our convenient online form to schedule your free initial consultation. Theft, Larceny and Embezzlement. Theft—from misdemeanor to felony There are different types of theft.

Contact a theft lawyer in Williamson county, TN Our lawyers stand ready to prepare a strong defense on your behalf. In many grand theft cases, determining the value of the stolen object is a key factor. A prosecutor must be able to prove that the stolen property exceeds the grand theft minimum or the accused cannot be convicted of grand theft. Value is determined through a variety of methods, such as determining the property's fair market value, the highest reasonable value, or the retail value.

Grand theft can also occur if a specific type of property is stolen, even if that property is not worth the minimum amount required for grand theft.

The types of property that qualify as grand or felony theft differs between states, but typically includes automobiles, firearms, or farm animals. In some theft crimes, multiple people work together to steal items, or a single person steal multiple items as part of the same theft.

In some states, the law may consider all the property stolen from a single owner, a single location, or as part of a single criminal impulse as a group of items.

In these states, the value of the individual items is added together to determine of the theft qualifies as grand theft. In other states, the value of multiple items cannot be grouped together if there are different victims or there was no unifying plan to steal. State theft laws often provide for different degrees of severity of grand theft, with higher degrees representing more significant crimes and coming with more significant penalties.

Traditionally, grand theft was considered a felony offense , meaning the potential punishment for conviction included a year or more in prison. Today, state theft laws may still use the term grand theft, but grand theft is not always considered a felony and can be a misdemeanor offense.

Being charged with grand theft is always a significant event even if you have never been in trouble with the law before. A conviction for a felony theft crime will make your life much more difficult even if you are not sentenced to a lengthy prison term. You need to speak to an experienced criminal defense attorney whenever you are charged with grand theft.