Understanding Identity Theft Charges in Pennsylvania

If you or someone you care about is facing identity theft charges, it’s important to understand what the law says, how these cases are prosecuted, and what defenses may be available.

What Is Identity Theft Under Pennsylvania Law?

Pennsylvania’s identity theft statute—18 Pa. C.S. § 4120—makes it illegal to possess or use another person’s identifying information without their consent for an unlawful purpose.

Identifying information can include:

• Name

• Birth date

• Social Security number

• Driver’s license number

• Credit card or bank account information

• Email login or passwords

• Medical or insurance details

You can be charged even if you didn’t steal money—just using someone else’s identity in a deceptive way can be enough.

Common Examples of Identity Theft Charges

• Using someone else’s credit card for online purchases

• Filing a tax return or unemployment claim under another person’s name

• Opening a bank or cell phone account using fake or borrowed details

• Pretending to be someone else during a police stop

• Using a roommate’s or family member’s identity to avoid fines or legal trouble

In some cases, identity theft charges are filed alongside forgery, fraud, or access device crimes, making the penalties even more severe.

Penalties for Identity Theft in PA

The seriousness of the charge depends on how many people were affected and how much was stolen, if anything.

• If one person was affected: It’s a first-degree misdemeanor (up to 5 years in prison)

• If two or more people were affected: It becomes a third-degree felony (up to 7 years)

• If someone is 65 or older: Penalties are enhanced

• If it's a third or subsequent offense: It’s a second-degree felony (up to 10 years)

Fines can range from a few hundred dollars to $15,000 or more, depending on the harm caused.

Can You Be Charged If You Didn’t Use the Info for Money?

Yes. Pennsylvania law does not require financial gain—intent alone is enough. If prosecutors can prove you used someone’s personal information without permission and for an unlawful purpose, they can pursue charges.

For example:

• Using someone else’s ID to avoid a warrant

• Posing as a relative to gain access to medical records

• Applying for a loan using false information

These can all be prosecuted, even if no money changed hands.

Defenses Against Identity Theft Charges

An experienced criminal defense attorney can raise several strong defenses, including:

✅ Lack of intent – You didn’t knowingly or willfully use someone else’s identity
✅ Consent – You had permission to use the information (common in family or roommate situations)
✅ Mistaken identity – You were falsely accused or someone else committed the crime
✅ Insufficient evidence – The prosecution cannot prove how you obtained or used the information
✅ Entrapment – You were induced or pressured by law enforcement in a sting operation

Every case is unique, and the right defense depends on the specific facts.

Can Identity Theft Charges Be Expunged or Sealed?

Identity theft charges are not eligible for expungement in most cases unless:

• You were found not guilty

• The charges were withdrawn or dismissed

• You successfully completed an ARD program or diversion (if available)

If convicted, the charge will remain on your criminal record and can affect future employment, housing, or financial opportunities.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re facing identity theft charges in Pennsylvania, don’t risk your future by going it alone. With over 30 years of experience in state and federal criminal cases, Mark D. Hauser has helped clients across Philadelphia fight fraud-related charges and protect their reputations.

Let us help you understand your rights, develop a strong defense, and work toward the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.