{"id":372408,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-identity-theft-laws.html"},"modified":"2016-06-20T19:48:44","modified_gmt":"2016-06-21T00:48:44","slug":"delaware-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-identity-theft-laws.html","title":{"rendered":"Delaware Identity Theft Laws"},"content":{"rendered":"\n
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Delaware Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The FBI Director has gone on record as saying cyber crime is the single biggest threat to Americans on a daily basis. And it’s fairly clearly why. We use our personal identifying information in so many different areas and contexts these days, which makes the prevalence of identity theft<\/a> even more frightening. <\/p>\n

The most basic form of identity theft is when a person uses the identifying information of another person for financial gain. Luckily the First State has laws in place to help protect citizens from having their identity misused or stolen. Here is a brief summary of Delaware\u2019s identity theft laws.<\/p>\n

Identity Theft Laws in Delaware<\/h2>\n

Another person\u2019s "personal identifying information" could include a person’s name, date of birth, address, telephone number, social security number, driver’s license number, etc. In Delaware, this doesn\u2019t apply to minors attempting to obtain tobacco or alcohol with a fake ID.<\/p>\n

Here are some of Delaware’s identity theft law specifics:<\/p>\n\n
Code Section<\/td>\nDel. Code Ann. Tit. 11, \u00a7854 (2000)<\/td>\n<\/tr>
Classification of Crime\/Penalties<\/td>\nIf victim is less than 62 years of age: class E felony; If victim is 62 or older: class D felony Full restitution ordered to victim, including lost wages, reasonable attorney fees<\/td>\n<\/tr>
Who May Prosecute<\/td>\nAny prosecuting authority<\/td>\n<\/tr>
Exemptions to Identity Theft Laws<\/td>\n–<\/td>\n<\/tr>
Civil Lawsuit Allowed?<\/td>\n–<\/td>\n<\/tr>
Civil Remedies Available<\/td>\n–<\/td>\n<\/tr>
Misc.<\/td>\nPerson who possesses credit cards, or other documents of another for purpose of identity theft guilty of ‘possession of burglar’s tools’ (class F felony) Del. Code Ann. Tit. 11, \u00a7828 (2000)<\/td>\n<\/tr><\/tbody><\/table>\n

You can\u2019t be too careful with your personal information. So here are a few basic tips to help protect yourself against identity theft<\/a>:<\/p>\n