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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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What evidence is needed to charge someone with identity ...

Resolved Question:

What evidence is needed to charge someone with identity theft in the first and second degree in the state of Washington?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

Hi

well you would need to discuss that with the state prosecutor to see what they would need to get a conviction in the matter

I can provide you with the Washington Code which shows what the crime is which might give you some idea of what evidence is needed - but i dont think you shoudl try to determine what is needed as evidence . if you are the victim you need to contact the prosecutor and discuss it. if you are the defendant then you will need to discuss it with your local defense lawyer

here is the Code

RCW 9.35.020

Identity theft.

(1) No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.

(2) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

(3) Violation of this section when the accused or an accomplice uses the victim's means of identification or financial information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than one thousand five hundred dollars in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A.20 RCW.

(4) A person who violates this section is liable for civil damages of one thousand dollars or actual damages, whichever is greater, including costs to repair the victim's credit record, and reasonable attorneys' fees as determined by the court.

(5) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

(6) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.

(7) In a proceeding under this section in which a person's means of identification or financial information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.

[2004 c 273 § 2; 2003 c 53 § 22; 2001 c 217 § 9; 1999 c 368 § 3.]

 

 

The statement above is not specific legal advice and is only an effort to help and guide you. Fees I receive for answering questions are paid for information and educational purposes, not for legal advice and no client relationship has been created. It is always suggested you consult with a local attorney.

 

Samuel II and 2 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Samuel-II's Post: How much time does someone get for identity theft in the second degree, generally? Does this charge carry a mandatory minimum?