What Are the Consequences of an Identity Theft Conviction in Tennessee?

Identity theft is a serious and increasingly common crime in the modern digital age. Understanding the regulations and procedures surrounding this offense is crucial when you are facing criminal charges. A conviction for identity theft can lead to significant consequences, including long-term imprisonment and substantial fines. It’s essential to know what constitutes this crime under state law, how the Tennessee courts classify these offenses, and the potential legal penalties you can incur. Continue reading for more information and consult with an experienced Memphis criminal defense attorney to schedule your free case evaluation today.

What is Identity Theft?

In general, identity theft occurs when someone uses another person’s identifying information without permission and with the intent to defraud or harm them.

Under Tennessee Code § 39-14-150, a person is guilty of identity theft if they obtain, possess, buy, or use the personal identifying information of another person with the intent to commit any unlawful act, including obtaining or attempting to obtain credit, goods, services, or medical information in the name of the other person.

The defining characteristic of identity theft is that it must be committed either without the consent of the individual whose information is being used, without the lawful authority to obtain, possess, or use the information, or to commit prescription drug fraud.

Personal identifying information includes any data that can be used to access financial accounts or impersonate an individual, like their name, Social Security number, bank account number, credit card number, or other information.

What Are the Consequences of an Identity Theft Conviction in TN?

The consequences you may face for an identity theft conviction in Tennessee vary depending on the specific circumstances of the offense and situation. However, there are general sentencing guidelines that are followed.

Tennessee recognizes different ranges of sentencing classifications for felony offenders that are primarily determined by the defendant’s criminal history. Range I is standard and often applies to individuals with minimal or no felony convictions. Range II is for multiple offenses, while Range III is for persistent offenders with extensive criminal records.

Tennessee state law considers identity theft to be a Class D felony. The standard sentencing guidelines for a Class D felony are as follows.

• Range I: 2 to 4 years in prison
• Range II: 4 to 8 years in prison
• Range III: 8 to 12 years in prison

The fines associated with a conviction are typically up to $5,000, regardless of your criminal history. You may also be required to pay victim restitution to repay any affected parties for their losses.

Identity theft can result in severe, life-altering penalties in Tennessee. Given the seriousness of these charges, securing experienced legal representation is crucial for protecting your rights. Contact a criminal defense attorney today to discuss your case and explore your legal options.