Identity Theft
11 Del. C. § 854 — using another's personal information to commit a crime is a class D felony
Identity theft is knowingly or recklessly obtaining, possessing, using or transferring another person's identifying information without consent, to commit or help someone commit a crime.
Identifying information includes a name, address, birth date, Social Security number, driver's license number, account and card numbers, and health, education and credit records.
A class D felony. Identity theft is a class D felony, which can carry up to 8 years.
Victims can apply for an identity theft passport under the next section of the code. A particular case is a question for a licensed Delaware attorney.
Sources for this section (2)
- 11 Del. C. § 854 — Identity theft; class D felony
- 11 Del. C. § 4205 — Sentence for felonies
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.