Appendix A
Minnesota Sentencing Guidelines
Under the Minnesota Sentencing Guidelines, felony offenses are divided into eleven levels of severity, ranging from low (Level I) to high (Level XI). The offense level, combined with the offender’s criminal history, determines the offender’s presumptive sentence. The following table references crimes associated with identity theft and their corresponding presumptive sentence.
Minnesota Sentencing Guidelines
(Criminal History Score = 0-6)
| Crime | Amount Involved | Statutory Ref. | Offense Severity Level | Presumptive Sentence Range (in months) |
|---|---|---|---|---|
| Identity theft | Over $35,000 | 609.527, subd. 3(5) | VIII | 48–108 |
| Check forgery | Over $35,000 | 609.631, subd. 4(1) | V | 18–48 |
| Financial transaction card | ||||
| fraud | Over $35,000 | 609.821, subd. 3(1) | ||
| (I) | V | 18–48 | ||
| Check forgery | Over $2,500 | 609.631, subd. 4(2) | III | 12–23 |
| Identity theft | Over $2,500 | 609.527, subd. 3(4) | III | 12–23 |
| Stolen or counterfeit check | 609.528, subd. 3(4) | III | 12–23 | |
| Phishing | 609.527, subd. 5a | II | 12–21 | |
| Check forgery | $251–$2,500 | 609.631, subd. 4 (3) (a) | II | 12–21 |
| Identity theft | $501–$2,500 | 609.527, subd. 3(3) | II | 12–21 |
| Check forgery | $250 or less | 609.631, subd. 4 (3) | ||
| (a) | I | 12–19 | ||
| Financial transaction card | ||||
| fraud | 609.631, subd. | |||
| 4(3)(b) | I | 12–19 | ||
| Fraudulent drivers’ licenses | ||||
| and ID | 609.652 | I | 12–19 |
A judge must use the presumptive sentence found in the guidelines when imposing a sentence. However, if substantial and compelling circumstances are involved and determined by the fact finder, the court may depart upward from the presumptive sentence. One such recognized circumstance is an offender’s use of another’s identity without authorization to commit a crime. This is considered an aggravating factor, but it may only be used when the use of another’s identity is not an element of the offense.
Appendix B
Selection of Federal Criminal Laws Relating to Identity Theft
| Citation | Act or Short Name | Description of Crime | Maximum Penalty |
|---|---|---|---|
| 18 U.S.C. | |||
| § 1028 (a)(7) | Identity Theft | ||
| and | |||
| Assumption | |||
| Deterrence Act | |||
| of 1998 | Makes it a crime to knowingly transfer, possess, or use | ||
| personally identifying information without authorization | |||
| and with the intent to commit any unlawful activity under | |||
| federal law or an activity that is a felony under state law. | |||
| Identifying information includes name, date of birth, | |||
| Social Security number, driver’s license, fingerprints, | |||
| retina or iris image, and electronic identification numbers. | |||
| The maximum penalty applies if the offense facilitated an | |||
| act of domestic or international terrorism. | 30 years’ | ||
| imprisonment/ | |||
| $250,000 fine | |||
| 15 U.S.C. | |||
| § 1644 | Consumer | ||
| Credit | |||
| Protection Act | Sets out six different acts relating to the fraudulent use of | ||
| a credit card | 10 years’ | ||
| imprisonment/ | |||
| $10,000 fine | |||
| 18 U.S.C. | |||
| § 1029 | Credit Card | ||
| Fraud Act of | |||
| 1984 | Makes it a crime to knowingly produce, use, possess, or | ||
| traffic in “counterfeit access devices” or “unauthorized | |||
| access devices,” which includes debit cards, credit cards, | |||
| account numbers, and forged credit card receipts | 20 years’ | ||
| imprisonment/ | |||
| $250,000 fine | |||
| 18 U.S.C. | |||
| § 1341 | Mail fraud | Makes it a crime for anyone with an intent or scheme to | |
| defraud to use the U.S. Postal Service or private or | |||
| commercial carriers to send or receive anything in the | |||
| course of the scheme | 30 years’ | ||
| imprisonment/ | |||
| $1,000,000 fine | |||
| 18 U.S.C. | |||
| § 1343 | Wire fraud | Makes it a crime for anyone who “transmits or causes to | |
| be transmitted by means of wire, radio or television | |||
| communications in interstate or foreign commerce, any | |||
| writings, signs, signals, pictures, or sounds for the purpose | |||
| of executing … a scheme or artifice” with intent to | |||
| defraud | 30 years’ | ||
| imprisonment/ | |||
| $1,000,000 fine | |||
| 18 U.S.C. | |||
| § 1344 | Financial | ||
| institution | |||
| fraud | Makes it a crime to knowingly execute, or attempt to | ||
| execute, a scheme to defraud a financial institution or | |||
| obtain any moneys or funds controlled by the institution | 30 years’ | ||
| imprisonment/ | |||
| $1,000,000 fine | |||
| 18 U.S.C. | |||
| § 1030(a)(4) | Computer | ||
| fraud | Makes it a crime to knowingly and with intent to defraud, | ||
| access a protected computer without authorization and | |||
| obtain anything of value | 10 years’ | ||
| imprisonment/ | |||
| $250,000 fine | |||
| 42 U.S.C. § | |||
| 408(a)(7)(B) | Unauthorized | ||
| use of Social | |||
| Security | |||
| number | Prohibits the unauthorized use of a Social Security | ||
| number to obtain payment or a benefit to which the person | |||
| is not entitled by falsely representing the assignment of a | |||
| Social Security number | 5 years’ | ||
| imprisonment | |||
| 15 U.S.C. | |||
| § 1693n | Electronic | ||
| Fund Transfer | |||
| Act | Provides consumer protection for ATM and debit card | ||
| transactions. Contains disclosure requirements and | |||
| violations for transaction fraud | |||
| Disclosure violation: one-year imprisonment/$5,000 fine | |||
| Transaction violation: ten years’ imprisonment /$10,000 | |||
| fine | See description | ||
| of crime |
Identity Theft and Related Crimes | Overview
This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Identity Theft and Related Crimes, written by legislative analyst Rebecca Pirius.
