Virginia criminal charge
Identity theft in Virginia
Identity theft is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-186.3. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-186.3.
What is the penalty for identity theft in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Identity theft — base offense — Any violation of this section not resulting in financial loss of $1,000 or more and not otherwise enhanced.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Identity theft — base offense — Any violation of this section not resulting in financial loss of $1,000 or more and not otherwise enhanced.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Identity theft — financial loss of $1,000 or more — Any violation resulting in financial loss of $1,000 or more.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Identity theft — financial loss of $1,000 or more — Any violation resulting in financial loss of $1,000 or more.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Identity theft — second or subsequent conviction — Any second or subsequent conviction under this section.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Identity theft — second or subsequent conviction — Any second or subsequent conviction under this section.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Identity theft — subsection B, 5 or more persons' information — Violation of subsection B where identifying information of five or more persons was obtained, recorded, or accessed in the same transaction or occurrence.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Identity theft — subsection B, 5 or more persons' information — Violation of subsection B where identifying information of five or more persons was obtained, recorded, or accessed in the same transaction or occurrence.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Identity theft — subsection B, 50 or more persons' information — Violation of subsection B where identifying information of 50 or more persons was obtained, recorded, or accessed in the same transaction or occurrence.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Identity theft — subsection B, 50 or more persons' information — Violation of subsection B where identifying information of 50 or more persons was obtained, recorded, or accessed in the same transaction or occurrence.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Identity theft — resulting in wrongful arrest/detention — Violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Identity theft — resulting in wrongful arrest/detention — Violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is identity theft classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Identity theft — base offense | class 1 misdemeanor | Any violation of this section not resulting in financial loss of $1,000 or more and not otherwise enhanced. | Va. Code Ann. § 18.2-186.3D |
| Identity theft — financial loss of $1,000 or more | class 6 felony | Any violation resulting in financial loss of $1,000 or more. | Va. Code Ann. § 18.2-186.3D |
| Identity theft — second or subsequent conviction | class 6 felony | Any second or subsequent conviction under this section. | Va. Code Ann. § 18.2-186.3D |
| Identity theft — subsection B, 5 or more persons' information | class 5 felony | Violation of subsection B where identifying information of five or more persons was obtained, recorded, or accessed in the same transaction or occurrence. | Va. Code Ann. § 18.2-186.3D |
| Identity theft — subsection B, 50 or more persons' information | class 4 felony | Violation of subsection B where identifying information of 50 or more persons was obtained, recorded, or accessed in the same transaction or occurrence. | Va. Code Ann. § 18.2-186.3D |
| Identity theft — resulting in wrongful arrest/detention | class 5 felony | Violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation. | Va. Code Ann. § 18.2-186.3D |
Common questions about identity theft in Virginia
Is identity theft a felony or a misdemeanor in Virginia?
It depends on the circumstances: identity theft ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-186.3.
Identity theft — base offense: class 1 misdemeanor (Va. Code Ann. § 18.2-186.3D) · Identity theft — financial loss of $1,000 or more: class 6 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — second or subsequent conviction: class 6 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — subsection B, 5 or more persons' information: class 5 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — subsection B, 50 or more persons' information: class 4 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — resulting in wrongful arrest/detention: class 5 felony (Va. Code Ann. § 18.2-186.3D)
What are the penalties for identity theft in Virginia?
Which Virginia statute covers identity theft?
Identity theft is governed by Va. Code Ann. § 18.2-186.3 (Identity theft; penalty; restitution; victim assistance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.