The FBI Director has gone on record as saying cyber crime is the single biggest threat to Americans on a daily basis. And it's fairly clearly why. We use our personal identifying information in so many different areas and contexts these days, which makes the prevalence of identity theft even more frightening.
The most basic form of identity theft is when a person uses the identifying information of another person for financial gain. Luckily the First State has laws in place to help protect citizens from having their identity misused or stolen. Here is a brief summary of Delaware’s identity theft laws.
Identity Theft Laws in Delaware
Another person’s "personal identifying information" could include a person's name, date of birth, address, telephone number, social security number, driver's license number, etc. In Delaware, this doesn’t apply to minors attempting to obtain tobacco or alcohol with a fake ID.
Here are some of Delaware's identity theft law specifics:
|Code Section||Del. Code Ann. Tit. 11, §854 (2000)|
|Classification of Crime/Penalties||If victim is less than 62 years of age: class E felony; If victim is 62 or older: class D felony Full restitution ordered to victim, including lost wages, reasonable attorney fees|
|Who May Prosecute||Any prosecuting authority|
|Exemptions to Identity Theft Laws||-|
|Civil Lawsuit Allowed?||-|
|Civil Remedies Available||-|
|Misc.||Person who possesses credit cards, or other documents of another for purpose of identity theft guilty of 'possession of burglar's tools' (class F felony) Del. Code Ann. Tit. 11, §828 (2000)|
You can’t be too careful with your personal information. So here are a few basic tips to help protect yourself against identity theft:
You can also visit FindLaw’s consumer protection section for more information on protecting you from identity theft, scams, or businesses engaging in unfair trade practices.
Related Resources for Delaware Identity Theft Laws:
State laws regarding identity theft can change. If you would like legal assistance with an identity theft matter, you can contact a Delaware consumer protection attorney in your area. FindLaw's Identity Theft Basics and Stolen Identity articles can provide more introductory information.
Contact a qualified attorney.