Article 16G: Identity Theft Crime Laws in Illinois
The Harsh Reality of Identity Theft
You’re going about your day, checking your bank account online when suddenly – your jaw drops. Hundreds, maybe thousands, of dollars are missing. Your credit cards have been maxed out on purchases you never made. It‘s a sickening realization – you‘re a victim of identity theft.Identity theft is one of the most violating crimes someone can experience. Having your personal information stolen and abused leaves you feeling exposed, vulnerable, and utterly helpless. The emotional toll is heavy as you scramble to regain control over your life and finances.Unfortunately, identity theft is all too common these days. In 2021 alone, over 1.4 million cases were reported to the Federal Trade Commission.[^1] With the staggering amount of personal data floating around online, criminals have plenty of opportunities to strike.But you‘re not alone in this fight. Here in Illinois, we have robust laws specifically designed to combat identity theft and bring perpetrators to justice. It’s time to take back control and protect what‘s yours.
What Exactly is Identity Theft in Illinois?
Under Illinois law, a person commits identity theft when they knowingly:
- Use any personal identifying information of another person to fraudulently obtain credit, money, goods, services, or other property
- Use or obtain personal identifying information of another person with the intent to commit any felony violation of state or federal law[720 ILCS 5/16G-15]
“Personal identifying information” is defined very broadly. It includes things like:
- Social security numbers
- Driver’s license or state ID numbers
- Credit/debit card numbers
- Personal identification numbers (PINs)
- Electronic identification codes
- Biometric data like fingerprints or retina scans
- Usernames, email addresses, and passwords
Essentially, if someone uses your private information to commit fraud or another crime, they’ve committed identity theft under Illinois law. It doesn‘t matter if they physically stole your wallet or hacked your online accounts – it’s still identity theft.
How Serious is Identity Theft Considered?
Make no mistake, identity theft is treated as a very serious crime in Illinois. The penalties can be quite severe depending on the circumstances:Identity Theft (Basic Offense)
- Class 3 felony
- Punishable by 2-5 years in prison and fines up to $25,000
Aggravated Identity Theft
- Class 2 felony
- Punishable by 3-7 years in prison and fines up to $25,000
- Charged when identity theft is committed against a person 60+ years old or an active duty service member
As you can see, even basic identity theft charges can result in lengthy prison sentences and hefty fines. And that’s just for a first offense – penalties increase significantly for repeat offenders.But what if the thief doesn‘t actually obtain anything of value? What if they just try to use your information but are unsuccessful? Under Illinois law, that’s still a crime known as attempted identity theft. While not as serious as actual identity theft, attempted identity theft is still a Class A misdemeanor punishable by up to 1 year in jail and $2,500 in fines.The bottom line? Illinois takes identity theft extremely seriously at all levels. If you’re accused of this crime, you’re in serious legal jeopardy and need expert defense counsel immediately.
How Does Identity Theft Actually Happen?
Identity thieves have a variety of tactics to steal people‘s personal information. Some of the most common methods include:
Phishing Scams
You get an email that looks legitimate – maybe it appears to be from your bank about “verifying” some information. But it’s actually a phishing scam designed to trick you into entering login credentials, social security numbers, etc. Once the thieves have that data, your identity could be compromised.
Physical Theft
Wallets, purses, and mail containing sensitive information frequently get stolen and abused by identity thieves. Experts recommend being very cautious about what you carry and keeping close watch over your belongings.
Data Breaches
When major companies like Target, Equifax, or Yahoo have data breaches, millions of people’s personal data can be exposed and exploited by hackers and cyber-criminals.
Public WiFi Risks
Using unsecured public WiFi networks at places like coffee shops can make your online activities vulnerable to digital eavesdropping by identity thieves.
Physical Skimming
Devices illegally installed on ATMs or gas pumps can “skim” and steal your credit/debit card information when you use them.
Social Media Oversharing
Be cautious about what personal details you post on social media. Birthdates, addresses, phone numbers, and more can all be used by identity thieves against you.The methods are endless and ever-evolving. Ultimately, if your personal data falls into the wrong hands – whether through a complex hack or simple carelessness – you could become an identity theft victim.
What to Do If Your Identity Is Stolen
If you suspect your identity has been compromised, you need to act quickly and decisively. The longer thieves have access to your information, the more damage they can do. Here are some crucial first steps:
1) Place a Fraud Alert on Your Credit Reports
Contact any one of the three major credit bureaus (Experian, Equifax, TransUnion) and request that a fraud alert be placed on your credit report. This alerts lenders to verify your identity before issuing new credit.
2) Get a Free Credit Report
By law, you’re entitled to a free credit report every 12 months from each bureau. Thoroughly review them for any unauthorized activity or new accounts you didn’t open.
3) File an Identity Theft Report with the FTC
Report the theft to the Federal Trade Commission at identitytheft.gov. They‘ll provide an recovery plan and affadavit you can use as proof of theft.
4) Contact Your Bank and Credit Card Companies
Let your bank and credit card issuers know your identity has been compromised so they can lock down your accounts, refund any fraudulent charges, and issue new cards/account numbers.
5) Change Compromised Passwords
If an online account was accessed, be sure to change that password immediately across all services where you use it. Enable multi-factor authentication if possible.
6) Monitor Accounts and Credit Reports Vigilantly
Check your financial statements and credit reports routinely for any other signs of fraud. Consider enrolling in a credit monitoring service.
7) File a Police Report
Get a copy of the police report to help resolve any future identity theft issues and clear your name if needed.
8) Contact an Identity Theft Lawyer
An experienced attorney can guide you through the process, ensure your rights are protected, and potentially pursue legal action against the perpetrators.Identity theft is an overwhelming, stressful experience. But being proactive and following these steps gives you the best chance at minimizing the damage and fallout. Don‘t wait – the sooner you act, the better.
How Can I Protect Myself from Identity Theft?
While identity theft can happen to anyone, there are some basic precautions you can take to reduce your risk:
- Shred receipts, credit offers, and any documents containing personal information before discarding
- Use strong, unique passwords for all online accounts and update them regularly
- Avoid carrying extra credit cards, Social Security card, or other sensitive documents you don’t need
- Never give out personal data over the phone, email, or online unless you initiated the contact and know it’s legitimate
- Opt out of pre-approved credit card offers by calling 1-888-5-OPTOUT
- Carefully review all financial account statements for unauthorized activity
- Use anti-virus/malware protection on all devices and keep it updated
- Avoid using public WiFi for sensitive online activities like banking
- Be cautious about what personal details you share on social media
Staying vigilant and following basic security practices can go a long way in protecting your identity. But even with precautions, you could still fall victim to sophisticated identity thieves. Knowing your rights and taking immediate action is crucial.
