Identity Theft Defense — Florida

Identity theft under § 817.568, Florida Statutes, means using another person’s personal identifying information — name, Social Security number, financial account numbers, or any other identifying data — without their consent and with fraudulent intent. A first-offense single-victim identity theft is a third-degree felony with up to 5 years in prison. With 10–19 victims or losses over $5,000, it is a second-degree felony with up to 15 years. With 20 or more victims or losses exceeding $50,000, it is a first-degree felony with up to 30 years in state prison. Identity theft investigations are digital, complex, and move fast, and retaining a defense attorney before charges are filed can significantly change what charges are ultimately brought and at what level.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Identity Theft Under Florida Law?

Florida’s identity theft statute, § 817.568, prohibits willfully and without authorization fraudulently using, or possessing with intent to fraudulently use, the personal identification information of another person. The statute covers a broad range of conduct: opening fraudulent credit accounts in a real person’s name, using another person’s Social Security number on employment applications or tax documents, applying for loans or government benefits under a stolen identity, using someone else’s driver’s license number for identification, and any other fraudulent use of real identifying information belonging to a real person.

The statute defines “personal identification information” expansively to include any name or number that can identify a specific individual: name, postal and email address, telephone number, date of birth, Social Security number, driver’s license number, bank account numbers, credit card numbers, passport number, electronic identification numbers, digital signatures, and taxpayer identification numbers. The breadth of the definition reflects the modern reality of digital identity crimes — virtually any unique data point associated with a real person falls within the statute’s reach.

How Are Identity Theft Charges Classified and Sentenced in Florida?

Section 817.568 creates a tiered sentencing structure based on the number of victims and total loss value.

Single victim: third-degree felony — up to 5 years in state prison and a $5,000 fine.

Ten to nineteen victims, or loss exceeding $5,000: second-degree felony — up to 15 years and a $10,000 fine.

Twenty or more victims, or loss exceeding $50,000: first-degree felony — up to 30 years and a $10,000 fine.

Use of a deceased person’s personal identification information is a separate third-degree felony. Possession of the personal identification information of 5 or more persons without consent and with fraudulent intent — even before any actual use — is a separate third-degree felony under § 817.5685. The state’s calculation of victim count and total loss is almost always contested in identity theft prosecutions, because each contested victim and each disputed loss dollar can affect the charge tier significantly.

What Are the Elements of Identity Theft the State Must Prove?

To convict you under § 817.568, the prosecution must prove: (1) you used, or possessed with intent to fraudulently use, personal identification information; (2) the information belonged to a real person; (3) you acted willfully and without lawful authority; and (4) you acted with fraudulent intent — purpose to obtain money, goods, services, or other benefit through deception. Each element is a defense target. Consent, lack of fraudulent intent, innocent use, and authorization defenses all attack one or more required elements.

What Are the Most Effective Defenses to Identity Theft Charges?

How Does Consent Defeat an Identity Theft Charge?

Using another person’s personal information with their authorization is not identity theft. This defense arises in family contexts — spouses sharing financial accounts, parents using a child’s information for authorized purposes, employees using employer credentials — and in business contexts where information is shared pursuant to a legitimate relationship. Consent can be express or implied from the nature of the relationship and course of dealing, and the defense is built from evidence of authorized use: account agreements, communications authorizing the use, the nature of the relationship, and any prior pattern of authorized sharing.

How Does Challenging Identification Help in Identity Theft Cases?

Identity theft is almost always committed through electronic means, and establishing who actually committed the acts is not as simple as prosecutors suggest. IP addresses are shared across households and public networks, and devices and account credentials regularly pass between multiple people. In cases where identification rests on digital evidence, I challenge the forensic analysis, engage digital forensics experts when necessary, and develop every alternative explanation for how the defendant’s information came to be associated with the fraudulent activity without the defendant’s actual involvement.

How Does Lack of Fraudulent Intent Provide a Defense?

The fraudulent intent element requires you acted with purpose to obtain money or benefit through deception. Many prosecutions arise from situations where information was used in ways the defendant believed were authorized or legitimate. A person who used a family member’s login credentials for what they believed was a legitimate purpose, or who provided someone else’s information at their request in a context that appeared legitimate, lacks fraudulent intent. These factual contexts create genuine reasonable doubt about the intent element when the defendant’s belief is credibly established through consistent, corroborated evidence.

How Do Florida Identity Theft Investigations Work?

Identity theft investigations in Polk County are conducted by multiple agencies — the Polk County Sheriff’s Office Economic Crimes Unit, FDLE, and when federal systems or interstate commerce is involved, the FBI and Secret Service. These investigations are data-intensive and frequently involve months of subpoenas to financial institutions, email providers, and telecommunications carriers before a single arrest. By the time you are arrested, law enforcement has typically built an extensive paper trail documenting every transaction they intend to charge. If you have reason to believe you are under investigation — law enforcement contact, a target letter, subpoenas to your financial institutions — retaining a defense attorney immediately, before charges are filed, is essential. Pre-charge intervention can result in charges being reduced, limited, or not filed at all.

What Are the Federal Identity Theft Charges to Know?

Florida identity theft under § 817.568 is prosecuted in state court. However, large-scale operations, crimes involving federal programs such as Social Security or Medicare, and crimes crossing state lines are often prosecuted federally under 18 U.S.C. § 1028 and 18 U.S.C. § 1028A. Federal aggravated identity theft under § 1028A carries a mandatory 2-year sentence that runs consecutive to — not concurrent with — the sentence for the underlying fraud. This consecutive mandatory minimum makes federal identity theft charges dramatically more serious than state counterparts and underscores the importance of retaining an attorney with federal criminal defense experience when federal prosecution is possible.

What Are the Collateral Consequences of an Identity Theft Conviction?

An identity theft felony conviction carries extensive collateral consequences. Felony identity theft convicts lose the right to vote, the right to hold public office, and the right to possess a firearm. Employment consequences are severe — identity theft is treated as among the most serious breaches of character in background checks and results in categorical disqualification from positions of financial trust, government employment, and any role requiring access to personal information. For non-citizens, an identity theft conviction may be classified as an aggravated felony or crime involving moral turpitude under federal immigration law, triggering mandatory removal proceedings.

What Should You Do After an Identity Theft Arrest in Florida?

Do not submit to any interview without an attorney present. Do not consent to search of your phone, computer, or any digital device. Do not explain the accounts or transactions to investigators. Invoke your right to remain silent and contact (863) 774-4556 — available 24 hours a day, 7 days a week. For related fraud offenses, see the fraud defense page and the Theft and Property Crimes hub.

Frequently Asked Questions About Identity Theft Defense in Florida

What is the penalty for identity theft in Florida?

Under § 817.568: single victim is a third-degree felony (up to 5 years). Ten to 19 victims or losses of $5,000 or more is a second-degree felony (up to 15 years). Twenty or more victims or losses of $50,000 or more is a first-degree felony (up to 30 years). The prosecution’s victim count and loss calculation determine the tier, and both are almost always contested by the defense.

What is personal identifying information under Florida law?

Under § 817.568: Social Security number, driver’s license number, financial account numbers, credit card numbers, passport number, date of birth, email address, electronic identification numbers, digital signatures, and any other information associated with a specific real individual. The definition is comprehensive to address the breadth of modern digital identity crimes.

Can I be charged if the person gave me permission to use their information?

No. The statute requires use “without consent.” Authorized use — a family member’s account with permission, employer credentials for work purposes — is not identity theft. Consent can be express or implied from the relationship. Establishing consent is a complete defense that negates a required statutory element.

What is the difference between Florida and federal identity theft?

Florida § 817.568 is prosecuted in state court. Federal aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory 2-year consecutive sentence on top of any other sentence — unlike state charges where sentences can be concurrent. Cases with multiple states, federal programs, or large victim counts are more likely to be prosecuted federally, making the consequences more severe.

Is using a fake name online identity theft in Florida?

Using a completely fictitious name not belonging to any real person is not identity theft because the statute requires use of a real person’s identifying information. However, using a real person’s actual name, Social Security number, or financial information without their consent is identity theft if done with fraudulent intent. The distinction is between a pseudonym (not identity theft) and impersonating a specific real individual (potentially identity theft).

What is possession of personal identification information as a separate Florida crime?

Under § 817.5685, it is a third-degree felony to possess the personal identification information of 5 or more people without consent and with intent to fraudulently use it — even before any actual fraud has occurred. This possession-with-intent offense allows prosecution earlier in the crime cycle, before actual transactions are completed. The intent to fraudulently use is the critical element separating criminal possession from innocent possession of others’ information.

Can I be both a victim and a defendant in an identity theft case?

Yes. Florida law at § 817.568(9) provides a process for identity theft victims to clear records when their personal information was used by others to commit crimes. This can happen when a person’s stolen identity was used to commit further crimes, resulting in criminal charges being filed against the actual victim. An attorney can help navigate both the identity theft victimization claims and any resulting criminal charges through the appropriate court process.

How Does Florida Law Protect Identity Theft Victims Who Are Wrongfully Charged With Crimes?

Florida Statute 817.568(9) establishes a specific process for identity theft victims who have been charged with crimes committed in their name by someone who stole their identity. When a person is arrested or charged based on identification documents or other information that was fraudulently obtained or used by another person, the true identity theft victim can petition the court for a certificate of release or discharge that clears their record of the crime committed under their stolen identity. This process requires presenting evidence that the defendant’s identity was stolen and that they were not the actual person who committed the offense. A genuine identity theft victim who faces criminal charges resulting from their stolen identity needs to navigate both the criminal defense process and the Section 817.568(9) petition process to clear their name.

What Are the Special Sentencing Provisions for Identity Theft Targeting Elderly or Disabled Victims in Florida?

Florida law provides for enhanced penalties when identity theft targets elderly or disabled victims. Under Florida Statute 817.568 read in conjunction with Florida’s general vulnerable adult protection statutes, identity theft targeting victims who are 65 years of age or older or who are disabled triggers additional penalty provisions. The enhanced sentencing reflects Florida’s strong policy of protecting vulnerable populations from financial exploitation. When the alleged victim is elderly or disabled, the defense turns on whether the victim qualifies for enhanced protection under the specific statutory standards, whether the defendant knew or should have known of the victim’s status, and whether the enhanced penalty tier changes the defense strategy or the plea negotiation approach.

How Does Credit Card Fraud Relate to Identity Theft in Florida?

Fraudulent use of a credit card under Florida Statute 817.61 and identity theft under Section 817.568 frequently overlap in cases where a defendant uses another person’s credit card without authorization. Using someone else’s credit card is fraudulent use of a credit card under Section 817.61, a third-degree felony. If the defendant also obtained or used other personal identification information belonging to the cardholder, the conduct may also constitute identity theft under Section 817.568. When both charges are filed based on the same course of conduct, the defense must evaluate which charge presents the stronger defense, what the plea negotiation dynamics are between the two charges, and whether the anti-stacking principles applicable to theft and dealing in stolen property have any application to the fraud and identity theft pairing. These multi-charge cases require careful analysis of the specific conduct charged and the statutory elements of each offense.