Identity theft is governed by federal and state criminal statutes. State laws vary, but typically define the crime to include an intent to use another's identity to commit, aid, or abet any unlawful activity. A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following:
1. Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim.
2. Obtains goods or services through the use of identifying information of the victim.
3. Obtains identification documents in the victim's name.
Identity theft statutes vary by state and usually do not include use of false identification by a minor to obtain liquor, tobacco, or entrance to adult business establishments. The types of information protected from misuse by identity theft statutes includes, among others:
-Name
-Date of birth
-Social Security number
-Driver's license number
-Financial services account numbers, including checking and savings accounts
-Credit or debit card numbers
-Personal identification numbers (PIN)
-Electronic identification codes
-Automated or electronic signatures
-Biometric data
-Fingerprints
-Passwords
-Parent's legal surname prior to marriage
New York Sworn Statement of Identity Theft
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Multi-State
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US-02725BG
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How to fill out Sworn Statement Of Identity Theft?
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FAQ
I am a victim of identity theft. I recently learned that my personal information was used to open an account at your company. I did not open or authorize this account, and I therefore request that it be closed immediately.
New York Penal Law 190.80(1) If you knowingly assume another person's identity, and you do so with the intent to defraud, you are on your way to satisfying the elements of Identity Theft in the First Degree. Beyond your intent and knowledge, you must also actually use that person's personal identifying information.
ID theft victims should reach out to law enforcement When you go to the police station, bring supporting documents such as: Copies of bills or collection notices. Credit reports with fraudulent charges. Bank or credit card statements.
3. Create an ID theft report: FTC & police identitytheft.gov. (877) 438-4338.
Identity theft in the first degree is the most serious of all identity theft charges. It is a felony that carries up to seven years in state prison and a maximum fine of $5,000. This offense is often investigated in conjunction with other fraud crimes.
The sentence for Identity theft in the first degree is a class D felony, which carries a maximum sentence of up to 7 years in prison. In addition to imprisonment, a convicted individual may also face fines, restitution, and other penalties.
In most cases, taxpayers do not need to complete this form. Only victims of tax-related identity theft should submit the Form 14039, and only if they haven't received certain letters from the IRS.
The Federal Trade Commission (FTC) online at IdentityTheft.gov or call 1-877-438-4338. The three major credit reporting agencies. Ask them to place fraud alerts and a credit freeze on your accounts. The fraud department at your credit card issuers, bank, and other places where you have accounts.