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Can you summarize 18 PACS 4120?
FORGERY AND FRAUDULENT PRACTICES > Identity theft.
Short Summary
This legal document defines the offense of identity theft in Pennsylvania. It states that a person commits identity theft if they possess or use identifying information of another person without their consent for any unlawful purpose. Each instance of possessing or using identifying information constitutes a separate offense. The grading of the offense depends on the value of property or services obtained through the use of the identifying information. The offense can range from a misdemeanor of the first degree to a felony of the second degree. If the victim is 60 years of age or older, a care-dependent person, or an individual under 18 years of age, the offense is graded one level higher. The document also grants the Attorney General the authority to investigate and prosecute violations of this section. Additionally, it establishes that a report to a law enforcement agency by a person stating that their identifying information has been lost, stolen, or used without consent is considered prima facie evidence of the offense. The document provides definitions for terms such as ‘document’ and ‘identifying information’.
Whom does it apply to?
Any person who possesses or uses identifying information of another person without their consent
What does it govern?
Offense of identity theft
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The offense is graded as follows: - Misdemeanor of the first degree if the total value involved is less than $2,000 - Felony of the third degree if the total value involved is $2,000 or more - Felony of the third degree if the offense is committed in furtherance of a criminal conspiracy - Felony of the second degree if the offense is a third or subsequent offense under this section - One grade higher if the victim is 60 years of age or older, a care-dependent person, or an individual under 18 years of age
Jurisdiction
Pennsylvania