Identity Theft in New Jersey

N.J.S.A. 2C:21-17 · Fraud & White Collar Offenses

What the law says

The statute prohibits impersonating another, assuming a false identity, or making certain false identity statements to obtain a benefit or services, injure or defraud another, avoid payment, or avoid prosecution. It also prohibits obtaining and using another person’s personal identifying information without authorization for specified fraudulent purposes.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:21-17, that means:

• By any means, including electronic communications or an Internet website, the person impersonates another or assumes a false identity and acts in that character or identity to obtain a benefit for himself or another, or to injure or defraud another.
• The person pretends to represent a person or organization and acts in that capacity to obtain a benefit for himself or another, or to injure or defraud another.
• In an oral or written application for services, the person impersonates another, assumes a false identity, or makes a false or misleading statement regarding a person’s identity for the purpose of obtaining services.
• The person obtains another person’s personal identifying information and uses it, or assists another in using it, without that person’s authorization, to assume or represent the identity of that person, with the purpose of fraudulently obtaining or attempting to obtain a benefit or services, avoiding payment of a debt or other legal obligation, or avoiding prosecution for a crime by using that person’s name.
• In an oral or written application for services, the person impersonates another, assumes a false identity, or makes a false or misleading statement for the purpose of avoiding payment for prior services.
• For the prior-services form, purpose to avoid payment may be presumed upon proof that the person has not made full payment for prior services and impersonated another, assumed a false identity, or made a false or misleading statement regarding a person’s identity in applying for services.

How the charge is graded

• If the actor obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree; a second or subsequent conviction for such an offense constitutes a crime of the third degree.
• If the actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree.
• If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• "Benefit" includes, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided, or any injury or harm perpetrated on another where there is no pecuniary value.
• A violation of N.J.S.2C:28-7 constituting a disorderly persons offense; section 1 of P.L.1979, c.264 (C.2C:33-15); section 64 of P.L.2021, c.16 (C.2C:35-10d); R.S.33:1-81; or section 6 of P.L.1968, c.313 (C.33:1-81.7) does not constitute an offense under this section if the person uses another’s personal identifying information to illegally purchase an alcoholic beverage or to misrepresent the person’s age to obtain tobacco, any cannabis item, or another consumer product denied to persons under 21 years of age, and the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
• The sentencing court shall issue orders necessary to correct any public record or government document containing false information as a result of a theft of identity.
• The sentencing court may provide restitution to the victim in accordance with section 4 of P.L.2002, c.85 (C.2C:21-17.1).
• Subsection b is deleted by amendment, P.L.2005, c.224.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Identity Theft charge.

Related charges

• Theft by Deception →
• Theft by Extortion →
• Computer Criminal Activity →
• Forgery →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.