What is the penalty for fraudulent use of or possession of less than 5 pieces of identifying information?

The penalty for fraudulent use of or possession of less than 5 pieces of identifying information is classified as a state jail felony. This classification reflects the serious nature of identity theft and fraud in general. A state jail felony carries significant consequences, including potential imprisonment in a state jail facility for a period ranging from 180 days to 2 years, along with fines.

Understanding why this is classified as a state jail felony is crucial. The offense is considered serious enough to warrant more than a misdemeanor punishment due to the potential for significant harm to individuals whose identifying information is misused. Therefore, the law takes these violations seriously to deter such behavior and protect individuals’ personal information.

In comparison, a class A or class B misdemeanor would involve less severe consequences and generally apply to non-violent petty crimes or minor offenses, which do not encapsulate the gravity of identity theft. A third-degree felony encompasses more severe cases where the amount of identifying information exceeds a certain threshold or where there are aggravating factors. Thus, the designation of a state jail felony appropriately aligns with the nature of the crime in question.