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
South Dakota Sworn Statement of Identity Theft
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Multi-State
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US-02725BG
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36-21A-7. Moral turpitude defined. For the purposes of this chapter, moral turpitude is any act done contrary to honesty and good morals.
Identity theft--Felony. (2) Accesses or attempts to access the financial resources of that person through the use of identifying information; such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.
This category includes crimes such as first-degree petty theft, unauthorized operation of a vehicle or vessel, and hiring a prostitute. A Class 1 misdemeanor may be punishable by up to one year imprisonment and/or up to $2,000 in fines.
Classes of offenses under United States federal law TypeClassMaximum fineMisdemeanorA$100,000B$5,000C$5,000InfractionN/A$5,0005 more rows
Class 2 misdemeanors come with the potential penalty of up to 30 days' imprisonment and $500 in fines. Even though misdemeanors are classified by the amount of time one could possibly spend in jail, not everyone convicted of a misdemeanor will go to jail.
Codified Laws § 23A-3-34 authorizes automatic ?removal? from a defendant's public record ?any charge or conviction? resulting from minor misdemeanors and petty offenses after five years if all conditions of the sentence are satisfied and no additional convictions during the waiting period.
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
There are three things necessary for a valid affidavit, and all three must be present at the same time: (1) the affiant, (2) the notary, and (3) the document.