Identity Theft Laws in Georgia

November 13, 2024 • Posted In Criminal Defense

Georgia laws and the penalties for identity theft are complex and costly if a conviction occurs. A charge differs from a conviction and sentence. However, it is critical to secure legal representation from an Atlanta identity theft attorney as soon as possible.

Georgia Identity Theft Laws

You may face charges of identity theft in Georgia under O.C.G.A. §16-9-121 if you commit the following acts:

Using or possessing another person’s identifying information with fraudulent intent
Using the personal information of someone under 18 that you have no custodial authority over
Using identifying information of a deceased person with fraudulent intent
Creating a fictional identity with counterfeit or made-up information to participate in criminal activities against another person
Creating or having fictitious or counterfeit information about an individual to commit or help with committing a crime

Willingly accepting identifying information that you know to be counterfeit, fictitious, fraudulent, or stolen to use for identification may also lead to identity theft charges.

Identifying Information Under Identity Theft Laws in Georgia

Using the following information to gain access to someone’s personal financial resources, make purchases, or receive benefits without authorization is against the law. This identifying information includes:

Bank account numbers
Birthdate
Credit card information
Driver’s license number
PINS or passwords
Social security number

You may be unaware of these actions that are considered identity theft, such as fraudulently receiving income tax rebates, securing medical services, or opening utility accounts in another person’s name using their identifying information.

Possible Penalties You May Face for Identity Theft in Georgia

Identity theft is a felony in Georgia, punishable by severe penalties. A conviction may result in you facing the following penalties if you are convicted of a first-offense identity theft in Georgia:

One to ten years in prison
Up to $100,000 in fines

Second or subsequent convictions of Georgia identity theft include these penalties:

Three to 15 years in prison
Up to $250,000 in fines

Paying restitution to the victims of identity theft may also accompany any conviction. A conviction of attempted identity theft or conspiring to commit the act may result in the same penalties as if you committed the crime. Any felony conviction brings significant difficulties in finding gainful employment, securing housing, or voting.

Defending Against Identity Fraud in Georgia

While multiple possible defenses exist for identity fraud, some defenses are unacceptable. For example, identity theft is a crime regardless of whether the identifying information belongs to a deceased or fictional person. Also, assuming or misunderstanding that you have permission to use someone’s information is illegal. Authorized consent is necessary.

Some common defenses of white collar crimes may include:

Lack of evidence: Compelling evidence of identity theft beyond a reasonable doubt must exist
Consent: Authorization was given to you to use certain identifying information
Mistaken identity: You have been confused with someone else who committed identity theft
Illegal search and seizure: Law enforcement must obtain any evidence against you legally. Failing to follow the law strictly may allow the dismissal or suppression of specific evidence

Should I Take Charges of Identity Theft in Georgia Seriously?

Identity theft charges are significant, and self-representation is never a good idea. An identity theft attorney in Atlanta can help you understand the legal process and assist with gathering supporting evidence. Your legal representative can also discuss avoiding self-incrimination and other mistakes to protect your case.