In order for a person to commit credit card fraud they need to knowingly obtain, possess, use, or transfer a means of identification or financial information of another person. That person can be either living or dead, and they must do this with the intent to commit, or to aid or abet, any crime. Either the accused or an accomplice can use the credit card and if the total accumulated from credit, money, goods, services, or anything else in value is greater than one thousand five hundred dollars than it constitutes identify theft in the first degree which is a class B felony (Leagle, 2004). If the total is less than one thousand five hundred dollars in value, or no credit, money, goods, services, or anything of value is obtained it constitutes …show more content…
168). To use the common law rule, an honest mistake or ignorance of fact is a proper defense if it negates the existence of a state of mind essential to the crime. The mental element of a crime of theft is taking property of another with intent to deprive the owner of their property. If the person did honestly make the mistake it negates the intent and they are not guilty of the …show more content…
Furthermore, each time that person uses the credit card they can be charged with the crime. The separate charges of identity theft for each use does not violate double jeopardy, because the unit of prosecution for identity theft is each use of stolen personal information, not each piece of stolen information (Leagle, 2004). Each time the person used the stolen card it is a separate charge against them. It doesn’t get grouped into one charge of identity theft. The focus of this statute suggests the emphasis is on each use of the stolen information. This means the person can be charged with the crime of identity theft each and every time they use the
Student Answer: There are several methods to a crook use to steal your identity. Some crooks are using credit cards and drivers licenses with identities lifted from a stolen or forged passports a crook can be one that is pilfering your credit card number and charging merchandise to your
Upon arrival, I made contact with the male victim, identified as Robert Allen Pileggi. Pileggi advised me that his grandson, later identified as Aaron Joseph Pileggi, took his Suntrust Visa MasterCard card from his wallet and used it at without permission.
Identity Theft and Assumption Deterrence Act is a federal law established in 1998 that protects people from identity theft. Prior to this date there were not any specific laws to address this issue. The definition on the Federal Trade Commission’s website reads. “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;”
Many people receive unsolicited mail offering preapproved credit cards, but throw this mail away. Criminals can use this information to activate and use the credit card.
Identity theft is a significant problem to both citizens and financial institutions. The FTC estimates that over 27.3 million Americans have been the victims of identity theft in the past five years. The
By doing this, we are ultimately looking to get a admission then obtain a confession oral and written to knowingly have intended to defraud the government buy using a Stolen Government Credit Card illegally.
Identity theft is an issue faced on a daily basis for those that are living in our wonderful state of California. For some it is common knowledge to protect your identity but for those that are not familiar with the practices of these common crooks, will cost a lifetime of savings and irreparable damage to ones credit and finances. According to the California Office of Privacy Protection, “there were more than 11 million victims of Identity Theft in the
Ky. Rev. Stat. §514.160 Theft of identity Theft of identity is a Class D felony. If the person violating this section is a business that has violated this section on more than one occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
Mistake is a defense whenever the mistake prevents the formation of any fault-based mental attitude; Namely, Puposedly, Knowingly, Recklessly, or Nigliently. Mistakes are sometimes called a failure-of-proof defense because defendants usually present enough evidence to raise reasonable doubt that the prosecution has proved that they formed the mens era required for criminal liability.
protect yourself from becoming a victim of credit card fraud and how to avoid traps that thieves
Being a victim of identity theft myself, I know the struggles of dealing with this topic. The credit card companies are at fault because of their lack of security when it comes to credit card usage and existing information. Credit card fraud is the easiest to commit and the most common. The Bureau of Justice did a study in 2007 with 7.9 billion people surveyed on how many households with at least one member of the household has been a victim of identity theft. The statistics showed that existing credit card theft increased from 2005 to 2007 by 31% and with 6.6% of people, being
He misused the various credit cards for that he was not authorized legally and he was not gotten the consents of real owners of cards. On the other hand, he made several transactions from credit cards of various persons to pay his parties without taking their permissions. He used card for merchandising by hiding his identity and using the identity of card holders, while he made cyber crime because he made unlawful transactions from the bank accounts of original credit card holders through Internet. Hence, he would be defined criminal under the act of cyber act and act of identity theft that are mostly used by every nation to prevent the credit card users from any
This is the defence that emphasizes that the person made a mistake and did not have the mindset to make this mistake. Within this defence there are three things that are needed within to be able to use this defence. The mistake has to be reasonable; in the sense that the person that committed it did not know that it was a mistake. The second thing is that there are two requirements that are needed. The first requirement is that it was a reasonable mistake. This means that the accused is what the criminal justice system and society deems a reasonable person. The second requirement is that the person has to be an honest person. What is meant by this is that the person who committed the act made an honest mistake. Once these requirements have been met, there is one final exception to this defence. This would be the case of sexual assault. The court will not allow the defence of mistake of fact to be used in these
Identity Theft is the assumption of a person’s identity in order to obtain credit cards from back account and retailers; the crime varies from stealing money from existing bank accounts; renting apartments or storage units; applying for loans or establishing accounts using another’s name (legal dictionary, 2007). Identity theft and identity fraud are terms that are often used
The less sophisticated thieves have perfected the art of “dumpster-driving” rummaging through trash. Abusing employer’s authorized access to credit reports or some even playing ‘landlord’ has given them unauthorized access to victim’s reports. Some victims have been scammed fro information by an identity thief posing as a legitimate businessperson or government official. In the most recent news from Concord, NC (Aug. 19, 2004), the police have uncovered a more sophisticated case of ID theft. The newspapers stated, “Authorities think a portable credit card reader, or skimmer, was used to read personal information off a credit card’s magnetic strip. Then those details were applied to the strip on the back of a different cared.”