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 Identity theft is a crime in Alabama. Under Alabama
law, if the person who stole your identity is convicted of doing
so under Alabama’s
identity theft statute, you may get the following relief:
- The thief may be ordered to pay restitution to you, which can
include financial losses such as the money stolen, the costs you
incurred in correcting your credit report, and costs incurred as
a result of court proceedings, attorney's fees, and lost wages.
- The judge that sentences the identity thief can issue an order
to correct any of your public or private records that have false
information as a result of the theft of your identity.
You may also have the right to bring a civil suit against the person
who stole your identity, and in this suit you could recover $5,000
per incident, or three times your actual damages, whichever is greater.
You may also have the right to have identification documents reissued
to you at no cost to you.
Identity theft is also a federal crime, and many federal agencies
are working hard to combat identity theft. Federal law provides many
protections for victims of identity theft. These protections may
help limit the actual financial losses that you suffer as a result
of the theft of your identity.
Identity theft wreaks havoc on your life because it damages your
good name and credit and exposes you to potential financial loss.
Despite the best efforts of law enforcement, identity thieves often
go uncaught. The thieves' victims are the ones who pay the biggest
price – in both time and money. Alabama identity theft information
and links are listed below.
Alabama
Attorney General's office identity theft information
Alabama Department of Motor Vehicles
Alabama Do Not Call Registry information
Alabama Identity Theft News:
Alabama
Attorney General Reaches Agreement with Choicepoint Regarding
Breach of Identification Data
Alabama
Attorney General Urges Continued Vigilance Against Identity Theft
Alabama
Attorney General King Sounds Identity Theft Warning As National
Consumer Protection Week is Observed
Alabama Identity Theft Laws and Regulations:
Section 13A-8-192
Identity theft.
THIS SECTION WAS AMENDED IN THE 2003 REGULAR SESSION EFFECTIVE
SEPTEMBER 1, 2003. TO SEE VERSION AS AMENDED, SEE PENDING VERSION.
(a) A person commits the crime of identity theft if, without the
authorization, consent, or permission of the victim, and with the
intent to defraud for his or her own benefit or the benefit of
a third person, he or she does any of the following:
(1) Obtains, records, or accesses identifying information that
would assist in accessing financial resources, obtaining identification
documents, or obtaining benefits of the victim.
(2) Obtains goods or services through the use of identifying information
of the victim.
(3) Obtains identification documents in the victim's name.
(b) Identity theft in which there is a financial loss of greater
than two hundred fifty dollars ($250) or the defendant has previously
been convicted of identity theft constitutes identity theft in
the first degree. Identity theft in the first degree is a Class
C felony.
(c) Identity theft in which the defendant has not previously been
convicted of identity theft and there is no financial loss or the
financial loss is two hundred fifty dollars ($250) or less constitutes
identity theft in the second degree. Identity theft in the second
degree is a Class A misdemeanor.
(d) This section shall not apply when a person obtains the identity
of another person to misrepresent his age for the sole purpose
of obtaining alcoholic beverages, tobacco, or another privilege
denied to minors.
(Act 2001-312, p. 399, §3.)
Please check with Alabama Department of Law for the most
up-to-date information.
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