Alabama Identity Theft Laws

Code Sections

Alabama Code Title 13A: Criminal Code, Chapter 8: Offenses Involving Theft, Article 10: The Consumer Identity Protection Act

What is Prohibited?

Alabama law prohibits the following:

• Identity Theft – Obtaining any of the following without authorization of the victim and with the intent to defraud anyone:

  • Identifying information to access financial resources, get identification documents, or obtain other benefits, such as credit cards

  • Purchasing goods or services using the victim's information

  • Identification documents in the victim’s name

  • A job through the use of the victim’s identification

• Trafficking in Stolen Identities – Manufacturing, buying, or selling identification documents or other information without the permission of the victim for the purpose of committing identity theft.

  • Possessing five or more identification documents of one victim or identifying information of five or more people without their permission creates the presumption that the defendant has committed “Trafficking in Stolen Identities.”

• Obstructing Justice Using a False Identity – Using another person’s identification documents or information to avoid arrest, prosecution, or otherwise impede a criminal investigation.

Penalty

Alabama’s criminal penalties depend on the felony classification. Class A felonies are the most severe and carry the heaviest punishments. Class C felonies are the most minor and carry lesser penalties.

The following penalties apply to a defendant guilty of identity theft:

• Identity Theft is a Class B felony. A conviction of this crime carries a sentence of two to 20 years in prison and a fine of up to $30,000.

• Trafficking in stolen identities is also a Class B felony.

• Obstructing Justice Using a False Identity is a Class C felony, punishable by one to ten years in prison and fines of up to $15,000.

Offenders must also make restitution or pay victims for their financial losses. This includes the costs of correcting the victim’s credit reports or money the victim paid to get rid of debts or liens that resulted from the theft.

Defenses

The identity theft criminal statute doesn’t apply to minors who were attempting to benefit from privileges denied to minors. Specifically, a minor who uses another person’s driver’s license to get into a bar or buy alcohol is not guilty of identity theft. That is a separate offense that carries fewer penalties.

Other defenses include actual innocence or lack of intent. For example, if you thought you had permission from your family member to buy groceries using their debit card.

Help for Victims

If you’ve suffered harm from identity theft, report it to law enforcement immediately. You may also have the following options:

• Filing a civil lawsuit

• Victims of identity theft in Alabama can sue the person who committed the theft. They can recover three times their total losses or $5,000, whichever is greater. They can also recover attorney fees and court costs.

• Identification re-issuance

• Your state, county, or municipal will reissue identification documents at no charge.

Getting Legal Help for Accused Perpetrators

If you or a loved one are facing identity theft-related criminal charges, you should contact an experienced Alabama criminal defense attorney immediately.