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When Someone Uses Your Name

18 Pa.C.S. 4120 — identity theft, graded by value, and a police report as evidence

In Pennsylvania, possessing or using another person's identifying information without their consent to further any unlawful purpose is identity theft. Each possession or use is a separate offense, and values from one scheme may be added together.

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The offenseThe grade
The offenseLess than $2,000 involvedThe gradeMisdemeanor of the first degree
The offense$2,000 or more involved, or in a criminal conspiracyThe gradeFelony of the third degree
The offenseA third or later offenseThe gradeFelony of the second degree
  • Against someone 60 years of age or older, a care-dependent person, or someone under 18, the grade is one higher.
  • A person's report to police that their information was lost, stolen or used without consent is prima facie evidence of the lack of consent.
  • The offense may be prosecuted where the information was used, or where the victim lives or works.
Sources for this section (1)
  1. 18 Pa.C.S. 4120 — Identity theft

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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