How Harsh are Identity Theft Penalties in Missouri?

Identity theft is usually dealt with at the state level. However, that does not mean you can afford to take such charges lightly.

Appointing a qualified criminal attorney, building a solid defense case, and knowing what potential penalties you are facing are absolutely critical if you want to secure the best possible outcome for your trial.

Scroll down to learn what the identity theft penalties in Missouri are and what you can expect going forward.

Identity Theft Penalties in Missouri: The Least You Need to Know as a Defendant

We will get to the sentencing stage in a bit, but first, let’s make sure we have our terminologies straight.

What is Identity Theft?

A person commits identity theft if they knowingly obtain, use, or transfer someone else’s means of identification with an intent to defraud or deceive. Note that this is not the same as forgery, which involves the alteration or fabrication of a document.

While identity theft may result in the illegal appropriation of money, credit, services, goods, or other property, this is not a must. The crime is the theft of identity as such, and you can still be charged and found guilty even if the victim did not suffer any material or financial loss.

What is Considered Means of Identification?

Under Missouri law, “means of identification” could be any document, device, or data that contains personally identifying information and can be used for authentication. Examples include:

Passports
Birth certificates
Driver’s licenses
Social Security numbers
PIN codes
Passwords
Digital signatures
Fingerprints
Biometric data
Credit or debit card numbers
Checking account numbers
Savings account numbers
Electronic identification numbers

Identity Theft Penalties in Missouri

The penalties for identity theft differ depending on the degree of the crime and the monetary value of the victim’s losses.

No Appropriation of Property

If the identity theft did not result in property appropriation, the courts will try it as a Class B misdemeanor. The penalty is up to six months’ incarceration and/or a maximum fine of $1,000.

Losses of $750 or Less

These offenses constitute Class A misdemeanors, which carry a sentence of up to one year of incarceration and/or a $2,000 fine or less.

Losses of $750-$25,000

You are looking at a Class D felony, up to seven years of incarceration, and/or a fine up to $10,000.

Losses of $25,000-$70,000

This would be a Class C felony, which is punishable by 3-10 years in prison and/or a fine up to $10,000.

Losses of $75,000+

Identity theft resulting in losses upward of $75,000 is a Class B felony. The penalty is 5-15 years of incarceration.

Court Ordered Restitution

Other than the penalties above, the court may also order you to pay restitution to the victim to:

Cover their attorney fees and other legal costs
Clear their credit rating or history
Satisfy a lien, debt, or other obligations arising from the identity theft

Civil Damages

Last but not least, the victim may also pursue a civil lawsuit against you. In that case, you may be liable to pay damages amounting to three times the actual damages or up to $5,000 for each identity theft incident, whichever is greater.