Theft, Fraud & Property Crimes

What is identity theft and what are the penalties?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Fraudulently using another person's identifying information. Penalties escalate sharply with the amount involved and the number of victims.

Florida's offense covers willfully and fraudulently using, or possessing with intent to use, another person's personal identification information without authorization.

Penalties escalate on two axes: the value obtained and the number of individuals whose information was involved. Higher tiers carry mandatory minimum sentences, which makes the number of alleged victims a critical fact.

Enhanced provisions apply where the victim is a minor, elderly, or disabled, and where the information was obtained through a position of trust.

What's contested: authorization, which arises constantly in family and business contexts; whether "personal identification information" as defined was actually used; identification of who conducted the transactions, particularly where devices or accounts were shared; and the count of victims, since that drives the tier.

There are also federal identity theft statutes, and some cases are prosecuted federally with different exposure. Which sovereign is prosecuting matters enormously.

How many people they claim were affected drives everything. Check that number first. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.