When people think of identity theft, they often imagine someone opening credit cards, taking out loans, or gaining financial benefits using another person’s information. But what about situations that seem less extreme, like taking a photo of someone’s driver’s license or jotting down their license information without permission? Is that still considered identity theft under Washington law? The quick answer is maybe, depending on what you do with the information.
What is Washington’s Identity Theft Law
RCW 9.35.020 is the Washington statute on identity theft. Per this law, you commit a crime if you:
- Knowingly obtain, possess, or use someone else’s means of identification, and
- Do so with the intent to commit, or to aid or abet, any crime.
For purposes of this statute, some common “means of identification” used in identity theft cases include:
- Names,
- Addresses,
- Driver’s license information,
- Social Security numbers, and
- Credit card numbers.
Simply Taking or Possessing Someone Else’s Driver’s License Information Isn’t Automatically Identity Theft
Washington law does not make it a crime to merely look at, write down, or even possess another person’s identifying information.
As stated in the second element above, the law requires intent to commit a crime using that information.
Examples of identity theft include:
- Using someone’s driver’s license number to apply for credit,
- Using their name and information to avoid a traffic ticket,
- Using their identity to purchase items or access financial accounts, and
- Giving their name to police during a stop
Without the intent element, the act may still be inappropriate or unethical, but it may not rise to criminal identity theft.
What are the Penalties for Identity Theft in Washington
Washington divides identity theft into two classes – identity theft in the first degree and identity theft in the second degree.
Identity theft in the first degree involves loss or attempted loss of over $1,500. The crime is a Class B felony that is punishable by up to 10 years in prison and a $20,000 fine.
Identity theft in the second degree involves any identity theft involving smaller losses or attempted losses. The crime is a Class C felony that is punishable by up to 5 years in prison and a $10,000 fine.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an identity theft charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on these types of charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
