Identity Theft is a Crime in Oklahoma
Identity theft is rampant. Far from being a victimless crime, identity theft causes millions of dollars in damages to countless victims. If you have had your personal information stolen and then used by another, there are things you can do. This article explains the various avenues you might choose to pursue.
Oklahoma law defines Identity theft as the knowing use of another person’s personal identifying information without lawful authority with the intent to obtain benefits, credit, goods, services, money, property, or anything of value. (Okla. Stat. tit. 21 §§ 1533.1) The statute goes on to define “personal identifying information” as any information that can be used to identify a person, such as a name, address, date of birth, Social Security number, driver’s license number, financial account information, or any other unique identifier.
Okla. Stat. tit. 21 § 1533.2 prohibits individuals from knowingly using, obtaining, possessing, buying, or transferring another person’s personal identifying information without lawful authority and with the intent to commit fraud, obtain benefits, or harm the victim. Identity theft under this statute is a felony offense in Oklahoma, punishable by a prison term up to five years, or a fine up to $100,000, or both. Other possible charges for the perpetrator include fraud, forgery, unlawful use of personal information, and computer crimes. A judge can also order restitution to the victim for the damage done.
Oklahoma Law Also allows Civil Lawsuits for Identity Theft
In addition to criminal remedies, you can also pursue civil remedies by filing a lawsuit against the perpetrator. . Civil remedies focus on seeking monetary compensation and other remedies for damages caused by the identity theft. Civil remedies compensation for financial losses, emotional distress, damage to credit reputation, identity restoration costs, and other harms resulting from the identity theft.
Using a Combined Approach
You can choose to pursue both criminal and civil remedies simultaneously or sequentially, depending on their goals and the circumstances of the case. Your civil attorney can help you understand whether it is best for your particular case to pursue the matter simultaneously or sequentially, however, it can be helpful to use the district attorney’s investigation and its results in your civil case. It’s important to note that the burden of proof and legal standards differ between criminal and civil cases. Criminal cases require proof of guilt beyond a reasonable doubt, while civil cases require proof by a preponderance of the evidence, a lower standard.
If you are a victim of identity theft in Oklahoma, you have choices regarding how best to proceed. Consult with a Muskogee criminal law attorney regarding your options to see what might work best for you.
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