Identity theft is a major focus in the media, both in Pennsylvania and across the United States. Because of the increasing attention being placed on these offenses, many people have questions regarding the state and federal laws under which these crimes are prosecuted.
As explained by Pennsylvania’s Identity Theft Action Plan website, state law makes it illegal to take someone else’s identifying information without that person’s consent and use it for unlawful purposes. Identity theft offenses under these laws can involve internet crimes, forgeries, credit card fraud and writing bad checks.
How Is Identity Theft Graded and Punished in Pennsylvania?
Under 18 Pa.C.S. § 4120, identity theft is graded based on the value involved and the defendant’s prior record. When the total value is less than $2,000, the offense is a first-degree misdemeanor, punishable by a fine of $1,500 to $10,000 and up to five years in prison. When the value is $2,000 or more, or the offense was committed in furtherance of a criminal conspiracy, it becomes a third-degree felony punishable by up to seven years in prison. A third or subsequent identity theft offense is graded as a second-degree felony, punishable by up to ten years in prison, regardless of the dollar amount involved. If the victim is 60 or older, a care-dependent person, or under 18, the grading is enhanced by one level.
Federal Identity Theft Charges
According to the FBI, identity theft became a federal offense in 1998 with the passage of the Identity Theft and Assumption Deterrence Act. Under this law, it became illegal to engage in the unauthorized use or transfer of a person’s identification with the intent of using this information in unlawful activities.
Federal prosecutors can also pursue aggravated identity theft charges under 18 U.S.C. § 1028A when identity theft is committed alongside certain other federal felonies, such as wire fraud or immigration violations. A conviction carries a mandatory two-year prison sentence that must run consecutively to the sentence for the underlying felony, and courts cannot impose probation in place of that sentence.
The FBI dedicates substantial resources to investigating identity theft, working alongside the U.S. Secret Service, the U.S. Postal Inspection Service, and other federal agencies to pursue both individual cases and larger fraud schemes.
The FBI notes that identity theft is likely underreported, as the classification of this type of crime may differ depending on which law enforcement agency is investigating a case.
Frequently Asked Questions
Can I be charged with identity theft under both Pennsylvania and federal law for the same conduct?
Yes. State and federal identity theft laws operate independently, so the same conduct can potentially be prosecuted under Pennsylvania’s identity theft statute, federal law, or both.
What determines whether identity theft is a misdemeanor or a felony in Pennsylvania?
The grading depends on the dollar value involved and the defendant’s prior record. Under $2,000 is generally a first-degree misdemeanor, $2,000 or more (or conduct tied to a conspiracy) is a third-degree felony, and a third or subsequent offense is a second-degree felony regardless of amount.
Does it matter if the victim is elderly or a minor?
Yes. If the victim is 60 or older, a care-dependent person, or under 18, Pennsylvania law enhances the grading of the offense by one level.
What is aggravated identity theft under federal law?
Aggravated identity theft under 18 U.S.C. § 1028A applies when identity theft is committed alongside certain other federal felonies. A conviction adds a mandatory two-year prison sentence that runs consecutively to the underlying felony’s sentence, with no possibility of probation in its place.
Can multiple identity theft charges be combined into one offense?
Each instance of possessing or using someone’s identifying information is technically a separate offense, but Pennsylvania law allows the total value across a single scheme or course of conduct to be aggregated when determining the overall grading.
Charged With Identity Theft? Contact Rubin, Glickman, Steinberg & Gifford
Identity theft charges can carry years in prison and substantial fines at both the state and federal level, and the two systems can apply to the same conduct simultaneously. If you are facing an identity theft investigation or charge in Pennsylvania, the attorneys at Rubin, Glickman, Steinberg & Gifford can review the allegations against you and build a defense tailored to your case. Call (215) 822-7575 or complete our online contact form to schedule a consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 18, 2026
