Jacksonville Fraudulent Use or Possession of Personal Identification Information Lawyer

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Fraudulent Use or Possession of Personal Identification Information includes a vast amount of conduct, but most commonly involves allegations of credit card fraud or fraud involving people's social security numbers.  Give the experienced Jacksonville criminal defense lawyer of LGL a call to discuss your particular case.

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Fraudulent Use or Possession of Personal Identification Information is defined in Florida Statute Section 817.568(2).  In order to prove Fraudulent Use or Possession of Personal Identification Information, the State must prove:

• You willfully and without authorization fraudulently used or possessed with intent to fraudulently use personal identification information concerning the victim, and
  

• you did so without first obtaining consent of the victim.
  

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"Personal identification information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including:

• any name,
  
• postal or electronic mail address,
  
• telephone number,
  
• social security number,
  
• date of birth,
  
• mother's maiden name,
  
• official state or United States issued driver's license or identification number,
  
• alien registration number,
  
• government passport number
  
• employer or taxpayer's identification number,
  
• Medicaid or food stamp account number,
  
• bank account number,
  
• credit or debit card number or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized use of such card,
  
• unique biometric data such as fingerprint, voice print, retina or iris image, or other unique physical representation,
  
• unique electronic identification number,
  
• address or routing code,
  
• medical record,
  
• telecommunication identifying information or access device, or
  
• other number or information that can be used to access a personal's financial resources. 
  

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*  If the value of the property or pecuniary benefit or injury or fraud is a certain amount or if there were a certain amount of victims involved, the penalty is enhanced.  

Less than $5000 value and less than 10 victims
Up to 5 years in prison

$5000 value or more or 10 or more victims
3 year minimum mandatory prison sentence up to 15 years in prison

$50,000 value or more or 20 or more victims, but less than 30 victims
5 year minimum mandatory prison sentence up to 30 years in prison

$100,000 Value or more or 30 victims or more
10 year minimum mandatory prison sentence up to 30 years in prison

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It is a separate crime to willfully and without authorization possess, use or attempt to use personal identification information concerning an individual without first obtaining that individual's consent and to do so for the purpose of harassing that person.  This crime is a First Degree Misdemeanor punishable by up to 1 year in jail.  

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It is an enhancement to to use a public record to facilitate or further the offense.  This means that if you were charged with First Degree Misdemeanor punishable by up to 1 year in jail, you would now be facing a Third Degree Felony, punishable by up to 5 years in prison, if you are convicted of using a public record.  An example would be for someone in the clerk's office to obtain people's social security numbers by accessing public records. 

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If the victim is younger than 18 years old or 60 years old or older, commits a Second Degree Felony punishable by up to 15 years in prison, even if he or she were the only victim and the value was less than $5000. 

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It is a Third Degree Felony, punishable by up to 5 years in prison to commit Fraudulent Use of Personal Identification Information where the victim was deceased. 

The above mentioned sentences and minimum mandatory sentences apply for deceased victims if the value is $5000 or more or number of deceased victims is 10 or more. 

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It is a separate crime to willfully and fraudulently create or use, or possess with intent to fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious individual, or concerning a real individual without first obtaining that real individual's consent, with intent to use such counterfeit or fictitious personal identification information for the purpose of committing or facilitating the commission of a fraud on another person.

This is a Third Degree Felony, punishable by up to 5 years in prison. 

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If you present yourself to be a law enforcement officer, an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency, or that you are seeking to assist the victim with a credit history problem, the maximum sentence will be enhanced.