Identity theft is when an individual conjure up image from using another person background and began to imitate their existence. When this occurs the thief pretends to be another person and fools others into believing him. Identity theft is a white-collar crime that in many circumstances have no geographic boundaries, thus the criminal activity become a cross jurisdiction issue between different law enforcement agencies. When it comes to identity theft crimes law enforcement agents have a hard time bringing identity thefts to justice for many different reasons.
There are several different forms identity theft which are: identity cloning, financial, medical identity theft, criminal identity, theft synthetic identity, theft child identity. In cases that involve identity theft, the criminal justice system protects not only the victim but also have to respects the rights of the accused as well (Ingram L. J., 2009). The accused have safeguard protection within the 4th, 5th, 6th, and 8th Amendments no matter the nature of the crime insuring that the proceedings which follow are fair. What happen in an identity theft case where a person steals another person 's identity but, does not cause any monetary damage is it still consider a crime? Well first let get an understanding of monetary damages. Monetary damages (restitution or penalty) are money damages caused by accused that cause the victim to be out monies. Compensation is usually given to an injured party by a liable party in the. Knowing the above, it is felt that even when a person steals another person 's identity but, does not cause any monetary damage it should still be consider a crime. …show more content…
The reason why is the accused individual has wrongfully obtains and uses another person 's personal information for self-gain in some way (Identity theft and identity fraud, n.d). No matter the reason fraud or deception should not be permitted for any reason. One can commit identity fraud even if you never actually benefit from the persons information once the other individual identity is obtain, possess, or use someone else’s with an intent to later fraudulently use it has became a crime. For example, if a person went to the grocery store and as he/she is walking out they drop their card but …show more content…
Public law state that criminal intent is “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes violation of Federal law, or that constitutes a felony under any applicable State or local law;’’ (Public law 105–318, 1998).
The Identity Theft and Assumption Deterrence Act was what used in the early prevention of identity theft crimes, however, there have been some changes over the years. The Identity Theft Penalty Enhancement Act the was implemented to make the penalty for identity theft crimes hasher for those who commit such acts also each state invoked their own state laws on top of the mandatory felony punishment. Therefore, identity thefts can be punished at state or a federal level depends of the offense. The Fair Credit Reporting Act and the Fair and Accurate Transaction Act was most recently add to allow individuals to correct any mistake on their credit report and set limitation on the release of information. The Fair and Accurate Transaction Act allow individual to receive free copy of their credit
There are several different forms identity theft which are: identity cloning, financial, medical identity theft, criminal identity, theft synthetic identity, theft child identity. In cases that involve identity theft, the criminal justice system protects not only the victim but also have to respects the rights of the accused as well (Ingram L. J., 2009). The accused have safeguard protection within the 4th, 5th, 6th, and 8th Amendments no matter the nature of the crime insuring that the proceedings which follow are fair. What happen in an identity theft case where a person steals another person 's identity but, does not cause any monetary damage is it still consider a crime? Well first let get an understanding of monetary damages. Monetary damages (restitution or penalty) are money damages caused by accused that cause the victim to be out monies. Compensation is usually given to an injured party by a liable party in the. Knowing the above, it is felt that even when a person steals another person 's identity but, does not cause any monetary damage it should still be consider a crime. …show more content…
The reason why is the accused individual has wrongfully obtains and uses another person 's personal information for self-gain in some way (Identity theft and identity fraud, n.d). No matter the reason fraud or deception should not be permitted for any reason. One can commit identity fraud even if you never actually benefit from the persons information once the other individual identity is obtain, possess, or use someone else’s with an intent to later fraudulently use it has became a crime. For example, if a person went to the grocery store and as he/she is walking out they drop their card but …show more content…
Public law state that criminal intent is “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes violation of Federal law, or that constitutes a felony under any applicable State or local law;’’ (Public law 105–318, 1998).
The Identity Theft and Assumption Deterrence Act was what used in the early prevention of identity theft crimes, however, there have been some changes over the years. The Identity Theft Penalty Enhancement Act the was implemented to make the penalty for identity theft crimes hasher for those who commit such acts also each state invoked their own state laws on top of the mandatory felony punishment. Therefore, identity thefts can be punished at state or a federal level depends of the offense. The Fair Credit Reporting Act and the Fair and Accurate Transaction Act was most recently add to allow individuals to correct any mistake on their credit report and set limitation on the release of information. The Fair and Accurate Transaction Act allow individual to receive free copy of their credit