Is there a statue of limitations on prosecuting for identity theft?

One Response to “Is there a statue of limitations on prosecuting for identity theft?”

1. Star says:

   February 14, 2010 at 3:31 pm

   It depends on the jurisdiction (state) where the crime occurred.

   Here is some information re: identity theft in California:

   In California, it appears to be three to four years.

   See Penal Code

   801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.

   801.5. Notwithstanding Section 801 or any other provision of law, prosecution for any offense described in subdivision (c) of Section 803 shall be commenced within four years after discovery of the commission of the offense, or within four years after the completion of the offense, whichever is later.

   Section 803:
   803. (a) Except as provided in this section, a limitation of time
   prescribed in this chapter is not tolled or extended for any reason.

   (b) No time during which prosecution of the same person for the
   same conduct is pending in a court of this state is a part of a
   limitation of time prescribed in this chapter.
   (c) A limitation of time prescribed in this chapter does not
   commence to run until the discovery of an offense described in this
   subdivision. This subdivision applies to an offense punishable by
   imprisonment in the state prison, a material element of which is
   fraud or breach of a fiduciary obligation, the commission of the
   crimes of theft or embezzlement upon an elder or dependent adult, or
   the basis of which is misconduct in office by a public officer,
   employee, or appointee, including, but not limited to, the following
   offenses:
   (1) Grand theft of any type, forgery, falsification of public
   records, or acceptance of a bribe by a public official or a public
   employee.
   (2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
   (3) A violation of Section 25540, of any type, or Section 25541 of
   the Corporations Code.
   (4) A violation of Section 1090 or 27443 of the Government Code.
   (5) Felony welfare fraud or Medi-Cal fraud in violation of Section
   11483 or 14107 of the Welfare and Institutions Code.
   (6) Felony insurance fraud in violation of Section 548 or 550 of
   this code or former Section 1871.1, or Section 1871.4, of the
   Insurance Code.
   (7) A violation of Section 580, 581, 582, 583, or 584 of the
   Business and Professions Code.
   (8) A violation of Section 22430 of the Business and Professions
   Code.
   (9) A violation of Section 10690 of the Health and Safety Code.
   (10) A violation of Section 529a.
   (11) A violation of subdivision (d) or (e) of Section 368.

   CALIFORNIA PENAL CODE SECTION 530.5
   § 530.5. Unauthorized use of personal identifying information; Mail theft

   (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

   (b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.

   (c)

   (1) Every person who, with the intent to defraud, acquires, or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or both a fine and imprisonment.

   (2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

   (3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

   (d)

   (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment in the state prison.

   (2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in the state prison, or by both fine and imprisonment.

   (e) Every person who commits mail theft, as defined in Section 1705 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to subdivisions (a) to (c), inclusive, of this section.

   (f) An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud.