Wisconsin has several statutes that outline identity theft laws and consequences. This white-collar crime has been around for hundreds of years, but the manner in which the crimes are committed has evolved.
A few Wisconsin crimes have made the news lately. In April 2022, a woman was charged with 11 counts of identity theft and is accused of defrauding an elderly man. And a few months later in June, a man was arrested in South Carolina for identity theft for practicing law without a license. Wisconsin is included in that investigation.
We hear about identity theft crimes on a regular basis so some might be surprised by a July 2022 report that ranked Wisconsin No. 31 in identity theft crimes. That means 30 states – more than half of the country – have a higher rate.
The states with the most identity theft (cases per 100,000 people) are Rhode Island, Kansas, and Illinois. South Dakota has the fewest.
Personal Information Protected by Law
Most Americans use personal identifying information on a regular basis. Online shopping and accessing bank accounts with our smartphones to posting our latest social media updates are just a few examples of how personal information is entrenched in daily life.
Passwords, log-in IDs, emails, and other online information can be stolen by hackers. Low-tech theft can be accomplished by sifting through someone’s trash. Someone who accesses another person’s information without consent and uses it for their gain commits a crime.
Personal identifying information includes any of the following (Wisc. Statute 943.201):
- An individual's name.
- An individual's address.
- An individual's telephone number.
- The unique identifying driver number assigned to the individual by the department of transportation.
- An individual's social security number.
- An individual's employer or place of employment.
- An identification number assigned to an individual by his or her employer.
- The maiden name of an individual's mother.
- The identifying number of a depository account of an individual.
- An individual's taxpayer identification number.
- An individual's deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).
- Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:
- a. An individual's code or account number.
- An individual's electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.
- Any other means of account access.
- An individual's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.
- Any other information or data that is unique to, assigned to, or belongs to an individual and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.
- Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
Using the information to complete or attempt to complete any of the following is a crime:
- To obtain credit, money, goods, services, employment, or any other thing of value or benefit
- To avoid civil or criminal process or penalty
- To harm the reputation, property, person, or estate of the individual
Wisconsin Law Also Protects Business Information
The state’s identity theft laws are not only for individuals. The unlawful use of identifying information of a business, charitable organization, labor union, or other organization is also against the law.
Identifying information of identities includes the following (Wisc. Statute 943.203):
- An entity's name.
- An entity's address.
- An entity's telephone number.
- An entity's employer identification number.
- The identifying number of an entity's depository account.
- Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:
- An entity's code or account number.
- An entity's electronic serial number, mobile identification number, entity identification number, or other telecommunications service, equipment, or instrument identifier.
- Any other means of account access.
- Any other information or data that is unique to, assigned to, or belongs to an entity and that is intended to be used to access services, funds, or benefits of any kind to which the entity is entitled.
- Any other information that can be associated with a particular entity through one or more identifiers or other information or circumstances.
Identity Theft Is a Felony
Violations are a class H felony. Each charge is punishable by up to 6 years in state prison, a $10,000 fine, or both. Convicted felons lose the right to possess a firearm and other weapons, cannot hold a state or local elected office, and can have trouble finding a job.
If you are accused of identity theft, contact the Law Offices of Christopher J. Cherella right away. We are available 24/7 by calling (414) 882-8382.