Larceny & Theft Case Study
Whether identity theft under § 18.2-186.3 required proof that the defendant used the victim's identifying information for financial gain.
The court affirmed the identity theft conviction, finding that § 18.2-186.3 does not require proof of financial gain — only that the defendant used the victim's identifying information without authorization and with the intent to defraud. The court held that the statute is broad enough to cover identity theft for non-financial purposes.
Virginia's identity theft statute is broadly written and covers a wide range of conduct involving the unauthorized use of another person's identifying information. D.J. Rivera challenges identity theft charges by scrutinizing the authorization question — whether the defendant had permission to use the information — and the intent to defraud element.
This case involves § 18.2-186.3 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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