Identity theft is a grave offense under Louisiana law, carrying potential felony convictions with minimum one-year prison sentences. The severity of the crime dictates the duration of imprisonment. In Louisiana, there have been notable identity theft cases, including a former Comcast employee who illicitly sold personal data of over 3000 customers to subcontractors, causing significant financial harm to subscribers until the conspiracy was exposed.
Louisiana Laws Safeguarding Against Identity Theft
Louisiana’s legal statutes, particularly 14.67.16, expressly forbid the intentional possession or use of another person’s personal information with the intent to secure money, credit, goods, or services. Penalties hinge on factors such as the stolen amount, victim age (under 17 or over 60), and determine the punishment for the offender.
– Theft under $300 results in a 6-month sentence and a $500 fine, rising to a year if the victim is a senior citizen or child.
– Theft between $300 and $500 entails a 5-year sentence and a $3,000 fine.
– Theft from $500 to $1,000 carries a maximum five-year sentence and a $5,000 fine.
– Amounts exceeding $1,000 lead to a ten-year maximum sentence and a $10,000 fine.
The internet, while a boon, has also bred security challenges. The Anti-Phishing Act (La. R.S. § 51:2021, et seq) criminalizes the unlawful access of personal details through web pages, emails, or online means. Phishing attempts, where individuals seek personal information like names, addresses, or social security numbers, to steal identities, are not uncommon. The Act enables victims to sue perpetrators for up to three times the damages incurred, with a minimum of $5,000 per violation. False accusations against internet providers can result in a $100,000 liability.
The Louisiana Database Security Breach Notification Law (La. R.S. § 51:3074) mandates notification of affected parties when a data breach occurs. This ensures that individuals or companies promptly address data system vulnerabilities to prevent further breaches.
What to Do If You’re an Identity Theft Victim
In the unfortunate event of identity theft suspicion, immediate action is crucial. Report the incident to local authorities and file a police report promptly. This initiates an investigation to determine the crime’s extent. You’ll receive a copy of the report, valuable for law enforcement and credit reporting agencies’ involvement.
While convictions like that of Ta’sha Thomas for aggravated identity theft serve justice, it’s paramount to remain vigilant to prevent identity theft from happening in the first place. Your proactive measures and swift response can protect your identity and financial well-being, with the guidance of a skilled criminal defense attorney
