How Big a Crime is Identity Theft in Louisiana?

Claud Mccoid

Identity theft is a serious offense, punishable by regulation in the point out of Louisiana, that can get paid a perpetrator a felony sentence of at the very least one yr in jail. Though there are a multitude of rules and regulations with regards to id theft, it is the severity of the crime that decides the time time period of the jail sentence.

To day, there have been a number of cases documented in Louisiana involving identification theft. Just one of the far more well-known types was when a former Comcast employee stole and offered particular information and facts of far more than 3000 shoppers to subcontractors in Louisiana. Who does not remember the notorious Herman Frazier who led to all these first subscribers going through hundreds of pounds of expenses, until eventually the circumstance of identity theft and conspiracy was learned.

What do Louisiana Laws Present To Safeguard You From Identification Theft?

  1. Louisiana Regulation Statute on Identity Theft – 14.67.16 makes it unlawful to either deliberately possess or use any personalized aspects that belong to an additional particular person. It is especially true if the intent is to use this info to safe funds, credit score, merchandise, and/or companies. Also, the term of imprisonment and/or fantastic is determined by several factors: how significantly revenue was stolen, was the crime fully commited in opposition to another person beneath the age of 17, or was it dedicated towards somebody above the age of 60? The responses to these queries make your mind up the degree of punishment for the offender.
    Committing a theft that totals considerably less than $300 earns a person a 6-month sentence, alongside with a great of $500. If the criminal offense has been carried out to a senior citizen or a baby, the punishment is elevated to a calendar year-prolonged jail term. Stealing involving $300 and $500 earns a 5-12 months sentence and $3,000 great. When a person steals someplace concerning $500 and $1000, it equates to a utmost sentence of five a long time with an related wonderful of $5,000 fine. A felony is offered the greatest sentence of 10 yrs, if the stolen volume is earlier mentioned $1,000, the penalty is a ten-year highest sentence, along with a great of $10,000.
  2. As substantially as the World-wide-web has been a boon to our culture, it has also been a bane to worldwide protection, and Louisiana is no exception. The Anti-Phishing Act, La. R.S. § 51:2021, et seq, can make it a criminal offense for everyone in Louisiana to use a web webpage, electronic mail, or any on the internet chance to unlawfully access individual aspects. It is not unheard of to have Internet users report some stranger sending them email messages with the sole intention of getting their personal information and facts, such as complete name, address, and/or social protection number, and working with it to steal their identity. We don’t want to relive what occurred a few years back, when Ta’sha Thomas, a public health personnel of Ascension Parish Wellbeing Unit, alongside with a few others obtained much more than 400 social stability numbers and stole above $464,000by filing fraudulent tax returns.
    The Anti-Phishing Act empowers the victims of phishing to sue the wrongdoers for up to 3 occasions the total of the damages incurred. $5,000 is the least amount of money that shall be acquired, for each each and every violation. If an World wide web supplier has been falsely named in connection to these crimes, they can sue the perpetrators as well, and have them pay out up to $100,000 in damages.
  3. The Louisiana Database Stability Breach Notification Legislation, La. R.S. § 51:3074, is an additional safeguard put in area by the Louisiana point out legislature to support in circumstance it is considered that private knowledge of any form has been breached. The regulation will make it required for the individual, or much more commonly, the firm, to notify all parties concerned in such breach. After satisfying this authorized obligation, they have to act swiftly to restore the details process in buy to make certain these kinds of tries aren’t produced again.

If you are a sufferer of id theft, what really should you do?

While Ta’sha Thomas rightfully acquired many charges of aggravated identification theft, and secured herself a sentence of 3 yrs in a correctional facility, we would rather these crimes hardly ever transpired in the to start with position. Nonetheless, you need to be cautious at all instances.

But, in situation you ever suspect that your name or any personalized aspects have been utilized by another, you must notify your area authorities and file a police report, at at the time. This will allow the authorities to start an investigation to determine if such a criminal offense has taken position. You shall get a copy of the report which you can use for your own information, this sort of as exhibiting the other associates of regulation enforcement or the credit history reporting organizations.

Contact Us Today

Gaynell Williams LLC Legal professional at Law provides a totally free original consultation to discuss your case. The very first session can be in person or it can be digital, on the World wide web. Get in touch with Gaynell Williams nowadays at (504) 302-2462 for a free session as soon as doable. We will get the job done about your routine. New Orleans lawyers Gaynell Williams LLC Lawyer at Law have offices in Gretna and Downtown New Orleans by appointment only.

This data has been delivered for informational functions only and is not intended and should not be construed to constitute authorized information. Please seek the advice of your lawyer in connection with any unique scenario less than Louisiana regulation and the applicable condition or local legislation that may possibly affect your legal legal rights.

© 2022 Gaynell Williams

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