One's identity is not a tangible thing, and yet it may be targeted by thieves and used to commit financial fraud or other crimes. All that's needed is some combination of Social Security number and some other personally identifying information. This type of crime is often committed by thieves digging through office or household garbage, but Internet technology has made it much more common. State identity theft laws typically classify the crime into categories, based on severity and financial losses.
Arkansas Identity Theft Laws at a Glance
Arkansas statute divides identity theft offenses into two main categories: (1) those involving financial fraud and (2) those considered non-financial.
One commits financial identity fraud opening credit/debit accounts or any other financial resources using another person's identifying information (without their authorization). This includes the use of scanning devices to intercept passwords and other data. Non-financial identity theft involves the use of another's personally identifying information to commit another crime, such as avoiding criminal prosecution or to harass another individual.
The following chart provides additional details about identity theft laws in Arkansas. 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||Ark. Code Ann. §5-37-227 (and Arkansas Deceptive Trade Practices Act, Ark. Code Ann. §4-88-101 et seq.)|
|Classification of Crime/Penalties||Financial Identity Fraud: Class C felony (Class B felony if victim is an elder or disabled person; Non-financial Identity Fraud: Class D felony (Class C felony if victim is an elder or disabled person)|
|Who May Prosecute||Any prosecuting authority|
|Exemptions to Identity Theft Laws||Criminal statute does not apply to minors seeking to obtain privileges denied to minors|
|Civil Lawsuit Allowed?||Yes|
|Civil Remedies Available||Court may order defendant to make restitution to any victim whose information was appropriated
|Misc.||Violation also constitutes an unfair or deceptive practice under the Deceptive Trade Practices Act, Ark. Code Ann. §4-88-101 et seq.|
Note: State laws are always in transition and may change without notice, or through the enactment of newly signed legislation. Make sure you contact an Arkansas criminal defense attorney or consumer protection attorney, or conduct your own legal research to verify the state law(s) you are researching.
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Arkansas Identity Theft Laws: Related Resources
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