If you are facing charges under South Carolin’a financial identity/identity fraud statute, it is crucial to understand the gravity of the situation: this is not a minor offense. As of 2026, most conduct related to identity theft is classified as a felony, carrying severe penalties that can include significant time behind bars, hefty fines, and court-ordered restitution. Don’t navigate these complex and serious legal challenges alone. Connecting with an experienced Chesterfield County Theft Lawyer is in your best interest during these difficult times to protect your rights, explore your legal options, and build a robust defense against these life-altering charges.
How Does South Caroline Law Define Identity Theft?
South Carolina law, specifically Code § 16-13-510, prohibits both financial identity fraud and identity fraud. A person commits identity theft by fraudulently using, or attempting to use, another individual’s identification information with the intent to gain a benefit, such as credit, property, or services. Identification information is broadly defined and includes, but is not limited to:
- Name, address, date of birth, and telephone number
- Government-issued numbers (Driver’s license, Social Security, Military ID, Alien ID/Citizenship status, Employer ID)
- Account data (Credit card, Bank account, Digital account)
- Student identification numbers
- Signature or electronic mail signature
Actions that can constitute identity theft and lead to serious penalties include:
- Using another person’s credit card without authorization
- Establishing a new bank account in someone else’s name
- Applying for employment or a loan using another individual’s Social Security number
- Having possession of stolen identification documents or digital account information
What Are the Potential Penalties for Identity Theft?
Under the current code, any violation of section § 16-13-510 constitutes a felony. A convicted individual is subject to a fine at the court’s discretion, imprisonment for not more than ten years, or both. In addition to time behind bars and fines, South Carolin’as statute explicitly permits the court to mandate restitution. This may cover direct repayment of stolen funds, documentable financial harm suffered by the victim, and expenses or fees incurred as a direct result of the fraud (such as account closure costs or overdraft charges). It is important to note that a court-ordered restitution can significantly impact a defendant’s financial stability.
Identity theft is also prosecuted at the federal level, which typically results in more severe penalties. These federal penalties include a prison sentence of up to 15 years. If the offense is classified as aggravated identity theft, you will face a mandatory minimum of two years in prison. This sentence is typically added consecutively to the sentence for the underlying felony.
The exact penalties imposed in any given case will be determined by factors such as the crime’s severity, the total financial loss, the number of victims, and whether any other felonies were committed concurrently. At The Cockrell Law Firm, P.C., we are prepared to help shield you from an uncertain future.