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Identity Theft

In 2016, the Iowa legislature created new legislation related to the criminal offense of “identity theft.” The new legislation adds the term “other benefit” to the penalty language in Iowa Code section 715A.8(3) to align the language with the elements of the crime of identity theft in Iowa Code section 715A.8(2).

The new legislation also aligns the language in Iowa Code section 715A.9, relating to the calculation of the value of the identity theft, with the language in Iowa Code section 715A.8.

If you are charged with identity theft under Iowa Code section 715A.8(2) then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C. to discuss your case. We represent clients throughout Des Moines and the surrounding areas in Iowa. 


Penalties for Identity Theft

The penalty for identity theft is also enhanced when the value of the credit, property, services or other benefit obtained through identity theft exceeds $10,000.

The new legislation does not change, however, the criminal penalty for identity theft where the value of the benefit obtained is $10,000 or less. The penalties for identity theft in Iowa are classified as follows: 

  • If the value exceeds $10,000, the penalty is increased from a class “D” felony to a class “C” felony;
  • If the value exceeds $1,000 but does not exceed $10,000, the penalty remains a class “D” felony; or
  • If the value does not exceed $1,000, the penalty remains an aggravated misdemeanor.

Attorney for Identity Theft Crimes in Des Moines, Iowa

If you are charged with any type of theft crime in Des Moines, Iowa, including grand theft, receiving stolen property, or identity theft, then contact an experienced criminal defense attorney. The attorneys at McCarthy & Hamrock, P.C. in Des Moines, Iowa, are experienced in fighting serious theft cases, including complex cases for identity theft prosecuted in Polk County. 

Call (515) 279-9700 to discuss your case. We can begin your defense today.