Identity fraud in Massachusetts involves using someone else’s personal information without permission to commit fraud or other crimes. This can include using someone’s name, Social Security number, or financial details to obtain money, goods, services, or evade law enforcement. Under Massachusetts General Laws Chapter 266, Section 37E, the offense carries serious penalties, including up to 2.5 years in jail or prison, fines up to $5,000, and restitution to the victim. Victims can also file civil lawsuits for damages caused by identity fraud.
What Are the Different Types of Identity Fraud in Massachusetts?
Under Massachusetts law, there are three main forms of identity fraud. They are:
- Identity fraud by posing as another,
- Identity fraud by obtaining personal information, and
- Identity fraud by possessing a data theft device.
These three criminal charges all address the same basic issue of identity theft. They differ in the manner in which the crime is committed but are all prosecuted in court the same.
What Are the Elements of Identity Fraud by Posing as Another in Massachusetts?
To be found guilty of identity fraud by posing as another in Massachusetts, the Commonwealth must prove 4 things beyond a reasonable doubt:
- That you posed as another person,
- That you did so without that person’s express authorization,
- That you used that person’s personal identifying information to obtain something of value or harass another person, and
- That you did so with the intent to defraud.
What Are the Elements of Identity Fraud by Obtaining Personal Information in Massachusetts?
The government must prove 5 things for you to be convicted of identity fraud by obtaining personal information in Massachusetts
- That you obtained personal identifying information of someone else,
- That you did so without that person’s express authorization,
- That you did so with the intent to pose as someone or assist another person as posing as someone,
- That you used that person’s personal identifying information to obtain something of value or harass another person, and
- That you did so with the intent to defraud.
What Are the Elements of Identity Fraud by Possessing a Data Theft Device in Massachusetts?
In Massachusetts, you could be found guilty of identity fraud by possessing a data theft device if the prosecutor can prove 3 things beyond a reasonable doubt:
- That you possessed a device,
- That the device was designed to access certain types of financial, identification or login data, and
- With the intent for you, or someone else to use, the device to commit a larceny.
What Is Personal Identifying Information in Massachusetts?
In Massachusetts, personal identifying information (PII) for identity theft purposes includes any data that can uniquely identify an individual. This can include details such as a person’s:
- full name,
- Social Security number,
- driver’s license number,
- state-issued identification card number,
- financial account numbers (including credit or debit card numbers), and
- other information like biometric data.
The unauthorized use of any of this information to commit fraud or steal someone’s identity is considered identity theft, which can lead to serious legal penalties.
Is Identity Fraud a Felony in Massachusetts?
Yes, identity fraud is considered a felony under Massachusetts General Laws Chapter 266, Section 37E. This offense is taken seriously because of the severe consequences it can cause to victims. The law punishes those who knowingly use personal identifying information to engage in fraudulent activity.
Felony charges for identity fraud can lead to jail time, financial penalties, and lasting consequences on your criminal record. Since the crime of identity fraud impacts individuals and financial institutions alike, the state aims to punish offenders and deter others from committing similar acts.
What Are the Penalties for Identity Fraud in Massachusetts?
The penalties for identity fraud in Massachusetts are serious. If convicted, you may face up to 2.5 years in jail or even 5 years in state prison, depending on the severity of the crime and the financial loss caused to the victim. Fines of up to $5,000 can also be imposed.
In addition to criminal penalties, offenders may also be ordered to pay restitution to the victim. Restitution is meant to compensate the victim for financial losses, such as:
- unauthorized purchases,
- bank fraud, or
- new credit card accounts opened in their name.
Identity thieves can also face lawsuits brought by victims, seeking further compensation for damages.
What Is the Identity Theft Law in Massachusetts?
The primary law governing identity fraud in Massachusetts is Massachusetts General Laws Chapter 266, Section 37E. This law specifically addresses crimes involving the use of another person’s identification for fraudulent purposes. It covers not just financial fraud but also other forms of harm caused by the use of personal information.
The law also establishes that victims of identity theft have the right to file police reports, access free copies of their credit reports, and seek legal remedies. These protections are essential in helping victims restore their financial health and security after a crime has occurred.
What Can Be Considered Identity Theft in Massachusetts?
Identity theft encompasses a wide range of actions, including using someone else’s personal information to:
- open newcredit card accounts,
- apply for loans,
- file false tax returns, or even
- collect unemployment benefits.
These actions are illegal and can result in criminal offenses under both state and federal law.
Examples of identity theft include using another person’s Social Security number, driver’s license number, or bank account information without their permission. Even using someone else’s date of birth or employment information to commit fraud is considered identity theft. Victims of identity theft may first notice signs of fraud when they see unexplained charges on their credit card statements or receive phone calls from debt collectors.
Do Identity Thieves Go to Jail in Massachusetts?
Yes, identity thieves often face jail time in Massachusetts. The amount of time spent in jail or prison depends on the scale of the crime, the amount of financial damage caused, and whether the defendant has a prior criminal record. Repeat offenders or those involved in aggravated identity theft face harsher penalties.
In addition to jail sentences, identity thieves may be subject to lengthy probation periods, during which they must avoid further criminal activity. They may also be required to complete financial restitution to victims, pay fines, and adhere to other legal obligations imposed by the court.
What Falls Under Identity Fraud in Massachusetts?
Identity fraud includes any activity in which a specific person uses someone else’s personal information to commit fraud or avoid detection. This can include applying for a:
- driver’s license,
- bank account, or
- employment benefits
using another individual’s identity. Fraudsters often target victims by intercepting outgoing mail or through online contact forms designed to capture sensitive information.
Offenders may also engage in wire fraud, in which they impersonate someone else over the phone or the internet. They may place fraudulent orders using stolen credit card information or attempt to sell auction site items under a false identity.
What Is the Statute of Limitations on Identity Theft in Massachusetts?
The statute of limitations for identity theft in Massachusetts is typically six years. This means that law enforcement must begin investigating and prosecuting the case within six years of the crime taking place. However, if the crime involves certain aggravating factors, such as large-scale fraud or serious financial loss, the statute of limitations may be extended.
For victims, reporting the crime as soon as possible is crucial in preventing further harm. Filing a police report with the local police department and contacting the Federal Trade Commission can also help in tracking down the identity thief and recovering lost funds.
Conclusion
In conclusion, identity fraud in Massachusetts is a serious crime that can cause long-lasting harm to victims. Understanding the legal definitions of personal identifying information and the consequences of identity theft is crucial for both protecting yourself and recognizing potential fraud. If you suspect you are a victim of identity fraud, taking swift action to report the crime and secure your personal information is essential to minimizing the damage and preventing further misuse.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.