When Someone Uses Your Name
Va. Code 18.2-186.3 — identity theft, a Class 6 felony at $1,000, and restitution
In Virginia, without the person's permission and with intent to defraud, obtaining or accessing their nonpublic identifying information, getting money, credit or goods with it, or getting identification documents in their name is identity theft. So is using another person's identity, living or dead or fictitious, to avoid a summons or arrest or to impede an investigation.
| The violation | The class |
|---|---|
| The violationGenerally | The classClass 1 misdemeanor |
| The violationA financial loss of $1,000 or more, or a second conviction | The classClass 6 felony |
| The violationFor sale, five or more people's information, or causing the arrest of the person whose identity was used | The classClass 5 felony |
| The violationFor sale, 50 or more people's information | The classClass 4 felony |
On conviction the court orders restitution to each person whose information was taken. The crime may be prosecuted where that person lives, wherever the defendant was.
Sources for this section (1)
- Va. Code 18.2-186.3 — Identity theft; penalty; restitution; victim assistance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.