Criminal use of personal identification in Florida is a serious charge and can present significant penalties.  ​

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In Florida, the criminal use of personal identification is a serious offense involving the unauthorized use of another person's identifying information with the intent to commit fraud or other criminal activities. This crime is governed by Florida Statutes § 817.568, which covers identity theft and related offenses.

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Definition of Criminal Use of Personal Identification:

The offense occurs when a person:

1. Willfully and fraudulently uses or possesses another person's identifying information, such as their name, Social Security number, bank account number, credit card information, or any other personal data.

2. Without the consent of the person to whom the identifying information belongs.

3. With the intent to defraud, harm, or commit a crime using that information.

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Examples of Personal Identification Information:

- Name, address, and date of birth
- Social Security number
- Driver’s license number
- Bank account or credit card numbers
- Medical records
- Passport number
- Employer or tax identification numbers
- Unique biometric data (e.g., fingerprints, DNA)
- Electronic identification numbers or passwords

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Penalties for Criminal Use of Personal Identification:

The penalties for criminal use of personal identification in Florida vary depending on the circumstances, particularly the number of victims involved and the amount of financial harm caused.

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1. Third-Degree Felony:

Applies when: The offense involves one victim and causes financial loss under $5,000.

Penalties: 

Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000.

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2. Second-Degree Felony:

Applies when: The offense involves multiple victims or causes financial loss between $5,000 and $50,000.

Penalties: 

Prison Time: Up to 15 years in prison.

Probation: Up to 15 years of probation.

Fines: Up to $10,000.

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3. First-Degree Felony:

Applies when: The offense involves ten or more victims or causes financial loss over $50,000.

Penalties: 

 

Prison Time: Up to 30 years in prison.

Probation: Up to 30 years of probation.

Fines: Up to $10,000.

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Aggravating Circumstances:

Certain factors can enhance the penalties, including:

Victims Over 60 or Disabled: If the victim is over 60 years old or disabled, the offense can carry harsher penalties.

Pattern of Conduct: If the crime involves a pattern of fraudulent activity or multiple incidents over time, the charges and penalties may be increased.

Use of a Minor's Identification: Using the personal identification information of a minor can also lead to enhanced penalties.

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Restitution:

In addition to criminal penalties, the offender may be required to pay restitution to the victim(s) for any financial losses or damages resulting from the crime.

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Defenses to Criminal Use of Personal Identification:

Possible defenses to this charge include:

Lack of Intent: Arguing that the defendant did not intend to commit fraud or any criminal activity with the information.

Consent: Proving that the defendant had the victim's consent to use their personal information.

Mistaken Identity: Demonstrating that the defendant was wrongly accused or that another person was responsible for the crime.

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Consequences of a Conviction:

A conviction for criminal use of personal identification can have severe long-term consequences, including a permanent criminal record, difficulty finding employment, and damage to one’s reputation. Given the seriousness of the charge, anyone accused of this offense should seek legal representation to defend against the allegations and protect their rights.

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Legal Representation:

Given the complexities of identity theft cases, it is crucial to consult with an experienced attorney who can evaluate the evidence, negotiate with prosecutors, and develop a strong defense strategy tailored to the specific facts of the case.

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 ​If you are charged with any crime in Jacksonville you need an experienced Duval County criminal defense lawyer by your side.  Call our office today.  Consultations are always free and always confidential.