Memphis Criminal Defense Lawyer on: Identity Theft Crimes in Tennessee

Identity Theft

The Tennessee identity theft law is found in Tennessee Code Annotated section 39-14-150. It states that:

(1) A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, the personal identifying information of another:

(A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and (B) (i) Without the consent of such other person; or (ii) Without the lawful authority to obtain, possess, buy or use that identifying information. In addition to identity theft, there is identity theft trafficking.

Identity Theft Trafficking

This law states that: (1) A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another:

(A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or (B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and (C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and (D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information.

Personal identifying information

“Personal identifying information” can be many things. It can include social security numbers, driver license numbers, date of birth, passport number, employer or tax identification number, fingerprints or other unique biometric data, address or routing code, or telecommunication identifying information or access device. Identity theft crimes in Tennessee can carry numerous punishments including jail time.

Types of Punishment

Identity theft is a Class D felony with a punishment of 2-12 years, while trafficking is a Class C felony with a range of 3-15 years. Offenders also face seizure of property gained from the crime including money, vehicles, and homes.

Identity theft crimes are complex cases involving lengthy paper trails, and are usually carried out over long periods of time. They require analyzing financial records such as bank and credit card statements, social security numbers, and more.

If you’ve been charged, you should contact a Tennessee identity theft crimes lawyer to investigate the state’s evidence to see if you are indeed guilty of the charge, or if it is someone else.

Patrick Stegall is a Memphis identity theft defense lawyer who handles all types of fraud crimes in his practice. If you have been charged with a financial crime in West Tennessee, contact Mr. Stegall so he can begin investigating the evidence and advising you of the best options. You can always fight the charge and maintain your innocence, but there may be ways to keep a conviction off your record while avoiding a trial. Call him at (901) 205-9894 or email at pstegall@stegall-law.com.