North Dakota Identity Theft Laws

To steal someone's identity is to use their personal identifying information to commit crimes under a false name, typically financial in nature. The crime, identity theft, typically involves the unauthorized use of another's Social Security number, birthdate, and other information required to open bank accounts or otherwise pass as the person whose identity was stolen. State identity theft laws establish regulations for businesses, as well as providing sentencing guidelines for violators.

North Dakota Identity Theft Law at a Glance

In North Dakota, the offense of identity theft is defined as either "causing economic loss" or perpetrated "for other purposes." When the use of someone's personal identifying information results in an economic loss of any amount, it is charged as a Class C felony (Class B felony if the value of the theft exceeds $1,000). If it is done for other purposes, the crime is charged as a misdemeanor upon the first offense.

The following chart provides details about identity theft law in North Dakota, including the state definition of the crime and different ways it can be committed. See FindLaw's Identity Theft section to learn how to protect yourself and what to do once you're identity has been stolen.

Code Section N.D. Cent. Code 32-03-52 (1999); and 12.1-23-11
Classification of Crimes/Penalties

Unauthorized use of personal identifying information causing economic loss: An individual is guilty of an offense if the individual uses or attempts to use any personal identifying information of another individual, living or deceased, to obtain credit, money, goods, services, or anything else of value without the authorization or consent of the other individual.

  • Class B felony if the credit, money, goods, services, or anything else of value exceeds $1,000 in value
  • Otherwise the offense is a class C felony

Unauthorized use of personal identifying information for other purposes: A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual... regardless of whether there is any actual economic loss to the individual.

  • Class A misdemeanor for first offense
  • Class C felony for second and subsequent offenses

 

Who May Prosecute Any prosecuting authority
Exemptions to Identity Theft Laws -
Civil Lawsuit Allowed? Yes
Civil Remedies Available Victim may recover any equitable relief court deems appropriate and the greater of actual damages or liquidated damages of up to $10,000; court may award victim attorney fees, other litigation costs
Misc. -

Note: State laws are subject to change at any time through the decisions of appellate courts, the enactment of newly signed legislation, and other means. You may want to contact a North Dakota criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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