{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-186.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-186.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-186.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-186.3.html"}],"law_id":73403,"edition_id":1,"section_id":73403,"structure_id":14590,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","history":"2000, c. 349; 2001, c. 423; 2003, cc. 847, 914, 918; 2004, c. 450; 2006, cc. 455, 496; 2007, c. 441; 2009, cc. 314, 380; 2013, cc. 420, 466; 2018, cc. 764, 765; 2020, cc. 89, 401.","full_text":"A\n\nIt shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:1\n\nObtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;2\n\nObtain money, credit, loans, goods, or services through the use of identifying information of such other person;3\n\nObtain identification documents in such other person’s name; or4\n\nObtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.B\n\nIt shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:1\n\nFraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;2\n\nObtain money, credit, loans, goods, or services through the use of identifying information of such other person;3\n\nObtain identification documents in such other person’s name; or4\n\nObtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.B1\n\nIt shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation.C\n\nAs used in this section, “identifying information” shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver’s license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services.D\n\nViolations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any 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 shall be punishable as a Class 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.E\n\nUpon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.F\n\nUpon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.","order_by":null,"text":{"0":{"id":264139,"text":"It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264140,"text":"Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264141,"text":"Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":264142,"text":"Obtain identification documents in such other person’s name; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":264143,"text":"Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":264144,"text":"It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":264145,"text":"Fraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":264146,"text":"Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"8":{"id":264147,"text":"Obtain identification documents in such other person’s name; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"9":{"id":264148,"text":"Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B1"},"10":{"id":264149,"text":"It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B4","next_prefix":"C"},"11":{"id":264150,"text":"As used in this section, “identifying information” shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver’s license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B1","next_prefix":"D"},"12":{"id":264151,"text":"Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons’ identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any 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 shall be punishable as a Class 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"13":{"id":264152,"text":"Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"14":{"id":264153,"text":"Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14590,"edition_id":1,"name":"False Representations to Obtain Property or Credit","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":13358,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":166089,"object_type":"structure","relational_id":14590,"identifier":"5","token":"18.2\/6\/5","url":"\/18.2\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13358,"edition_id":1,"name":"Crimes Involving Fraud","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":165933,"object_type":"structure","relational_id":13358,"identifier":"6","token":"18.2\/6","url":"\/18.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70856,"structure_id":14590,"section_number":"18.2-186","catch_line":"False statements to obtain property or credit","url":"\/18.2-186\/","token":"18.2\/6\/5\/18.2-186","metadata":false},{"id":70659,"structure_id":14590,"section_number":"18.2-186.1","catch_line":"Repealed","url":"\/18.2-186.1\/","token":"18.2\/6\/5\/18.2-186.1","metadata":false},{"id":75819,"structure_id":14590,"section_number":"18.2-186.2","catch_line":"False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state or federal housing assistance program","url":"\/18.2-186.2\/","token":"18.2\/6\/5\/18.2-186.2","metadata":false},{"id":73403,"structure_id":14590,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","url":"\/18.2-186.3\/","token":"18.2\/6\/5\/18.2-186.3","metadata":false},{"id":68386,"structure_id":14590,"section_number":"18.2-186.3:1","catch_line":"Identity fraud; consumer reporting agencies; police reports","url":"\/18.2-186.3_1\/","token":"18.2\/6\/5\/18.2-186.3_1","metadata":false},{"id":86000,"structure_id":14590,"section_number":"18.2-186.4","catch_line":"Use of a person's identity with the intent to coerce, intimidate, or harass; penalty","url":"\/18.2-186.4\/","token":"18.2\/6\/5\/18.2-186.4","metadata":false},{"id":74122,"structure_id":14590,"section_number":"18.2-186.4:1","catch_line":"Internet publication of personal information of certain public officials","url":"\/18.2-186.4_1\/","token":"18.2\/6\/5\/18.2-186.4_1","metadata":false},{"id":63464,"structure_id":14590,"section_number":"18.2-186.5","catch_line":"Expungement of false identity information from police and court records; Identity Theft Passport","url":"\/18.2-186.5\/","token":"18.2\/6\/5\/18.2-186.5","metadata":false},{"id":64651,"structure_id":14590,"section_number":"18.2-186.6","catch_line":"Breach of personal information notification","url":"\/18.2-186.6\/","token":"18.2\/6\/5\/18.2-186.6","metadata":false},{"id":56090,"structure_id":14590,"section_number":"18.2-187","catch_line":"Repealed","url":"\/18.2-187\/","token":"18.2\/6\/5\/18.2-187","metadata":false},{"id":64355,"structure_id":14590,"section_number":"18.2-187.1","catch_line":"Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability","url":"\/18.2-187.1\/","token":"18.2\/6\/5\/18.2-187.1","metadata":false},{"id":72422,"structure_id":14590,"section_number":"18.2-187.2","catch_line":"Audiovisual recording of motion pictures unlawful; penalty","url":"\/18.2-187.2\/","token":"18.2\/6\/5\/18.2-187.2","metadata":false},{"id":64840,"structure_id":14590,"section_number":"18.2-188","catch_line":"Defrauding hotels, motels, campgrounds, boardinghouses, etc","url":"\/18.2-188\/","token":"18.2\/6\/5\/18.2-188","metadata":false},{"id":61566,"structure_id":14590,"section_number":"18.2-188.1","catch_line":"Defrauding person having a lien on an animal; penalty","url":"\/18.2-188.1\/","token":"18.2\/6\/5\/18.2-188.1","metadata":false},{"id":78241,"structure_id":14590,"section_number":"18.2-189","catch_line":"Defrauding keeper of motor vehicles or watercraft","url":"\/18.2-189\/","token":"18.2\/6\/5\/18.2-189","metadata":false},{"id":76832,"structure_id":14590,"section_number":"18.2-190","catch_line":"Fraudulent misrepresentation as to breed of bull or cattle","url":"\/18.2-190\/","token":"18.2\/6\/5\/18.2-190","metadata":false}],"previous_section":{"id":75819,"structure_id":14590,"section_number":"18.2-186.2","catch_line":"False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state or federal housing assistance program","url":"\/18.2-186.2\/","token":"18.2\/6\/5\/18.2-186.2","metadata":false},"next_section":{"id":68386,"structure_id":14590,"section_number":"18.2-186.3:1","catch_line":"Identity fraud; consumer reporting agencies; police reports","url":"\/18.2-186.3_1\/","token":"18.2\/6\/5\/18.2-186.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-186.3\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 349<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 423<\/a>; in 2003, chapters 847<\/a>, 914<\/a>, and 918<\/a>; in 2004, chapter 450<\/a>; in 2006, chapters 455<\/a> and 496<\/a>; in 2007, chapter 441<\/a>; in 2009, chapters 314<\/a> and 380<\/a>; in 2013, chapters 420<\/a> and 466<\/a>; in 2018, chapters 764<\/a> and 765<\/a>; in 2020, chapters 89<\/a> and 401<\/a>.<\/p>","references":[{"id":55981,"section_number":"18.2-152.5","catch_line":"Computer invasion of privacy; penalties","order_by":null,"url":"\/18.2-152.5\/"},{"id":82685,"section_number":"18.2-152.5:1","catch_line":"Using a computer to gather identifying information; penalties","order_by":null,"url":"\/18.2-152.5_1\/"},{"id":68386,"section_number":"18.2-186.3:1","catch_line":"Identity fraud; consumer reporting agencies; police reports","order_by":null,"url":"\/18.2-186.3_1\/"},{"id":86000,"section_number":"18.2-186.4","catch_line":"Use of a person's identity with the intent to coerce, intimidate, or harass; penalty","order_by":null,"url":"\/18.2-186.4\/"},{"id":63464,"section_number":"18.2-186.5","catch_line":"Expungement of false identity information from police and court records; Identity Theft Passport","order_by":null,"url":"\/18.2-186.5\/"},{"id":72142,"section_number":"18.2-59","catch_line":"Extortion of money, property or pecuniary benefit","order_by":null,"url":"\/18.2-59\/"},{"id":58970,"section_number":"19.2-327.15","catch_line":"Definitions","order_by":null,"url":"\/19.2-327.15\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":71434,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","order_by":null,"url":"\/19.2-8\/"},{"id":55551,"section_number":"2.2-2036","catch_line":"Definitions","order_by":null,"url":"\/2.2-2036\/"},{"id":77776,"section_number":"2.2-511","catch_line":"Criminal cases","order_by":null,"url":"\/2.2-511\/"},{"id":71117,"section_number":"42.1-86.1","catch_line":"Disposition of public records","order_by":null,"url":"\/42.1-86.1\/"},{"id":77242,"section_number":"53.1-127.5","catch_line":"Collection of fees owed; contract for collection; duties of Department of Taxation","order_by":null,"url":"\/53.1-127.5\/"},{"id":56776,"section_number":"58.1-4018.1","catch_line":"Larceny of tickets; fraudulent notification of prizes; penalty","order_by":null,"url":"\/58.1-4018.1\/"}],"refers_to":false,"permalink":{"id":166103,"object_type":"law","relational_id":73403,"identifier":"18.2-186.3","token":"18.2\/6\/5\/18.2-186.3","url":"\/18.2-186.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-186.3\/","token":"18.2\/6\/5\/18.2-186.3","dublin_core":{"Title":"Identity theft; penalty; restitution; victim assistance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-186.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information<\/span>, with the intent<\/span> to defraud, for his own use or the use of a third person, to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Obtain, record, or access identifying information<\/span> which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Obtain money, credit, loans, goods, or services through the use of identifying information<\/span> of such other person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Obtain identification documents in such other person’s name; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Obtain, record, or access identifying information<\/span> while impersonating a law<\/span>-enforcement officer or an official of the government of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information<\/span>, with the intent<\/span> to sell or distribute the information to another to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Fraudulently obtain, record, or access identifying information<\/span> that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Obtain money, credit, loans, goods, or services through the use of identifying information<\/span> of such other person; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Obtain identification documents in such other person’s name; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Obtain, record, or access identifying information<\/span> while impersonating a law<\/span>-enforcement officer or an official of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> It shall be unlawful for any person to use identification documents or identifying information<\/span> of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons<\/span>, arrest<\/span>, prosecution<\/span>, or to impede a criminal investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As used in this section, “identifying information<\/span>” shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver’s license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person’s financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Violations of this section shall be punishable as a Class 1 misdemeanor<\/span>. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony<\/span>. Any second or subsequent conviction<\/span> shall be punishable as a Class 6 felony<\/span>. Any violation of subsection B where five or more persons’ identifying information<\/span> has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony<\/span>. Any violation of subsection B where 50 or more persons’ identifying information<\/span> has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony<\/span>. Any violation resulting in the arrest<\/span> and detention of the person whose identification documents or identifying information<\/span> were used to avoid summons<\/span>, arrest<\/span>, prosecution<\/span>, or to impede a criminal investigation shall be punishable as a Class 5 felony<\/span>. In any proceeding brought pursuant to this section, the crime<\/span> shall be considered to have been committed in any locality where the person whose identifying information<\/span> was appropriated resides, or in which any part of the offense<\/span> took place, regardless of whether the defendant<\/span> was ever actually in such locality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon conviction<\/span>, in addition to any other punishment, a person found guilty of this offense<\/span> shall be ordered by the court<\/span> to make restitution<\/span> as the court<\/span> deems appropriate to any person whose identifying information<\/span> was appropriated or to the estate of such person. Such restitution<\/span> may include the person’s or his estate’s actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the request of a person whose identifying information<\/span> was appropriated, the Attorney General<\/span> may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information<\/span>; however, no legal representation shall be afforded such person. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIDENTITY THEFT; PENALTY; RESTITUTION; VICTIM ASSISTANCE (\u00a7 18.2-186.3)\n\nA. It shall be unlawful for any person, without the authorization or permission\nof the person or persons who are the subjects of the identifying information,\nwith the intent to defraud, for his own use or the use of a third person, to:\n\n 1. Obtain, record, or access identifying information which is not available to\n the general public that would assist in accessing financial resources,\n obtaining identification documents, or obtaining benefits of such other\n person;\n\n 2. Obtain money, credit, loans, goods, or services through the use of\n identifying information of such other person;\n\n 3. Obtain identification documents in such other person’s name; or\n\n 4. Obtain, record, or access identifying information while impersonating a\n law-enforcement officer or an official of the government of the Commonwealth.\n\nB. It shall be unlawful for any person without the authorization or permission\nof the person who is the subject of the identifying information, with the intent\nto sell or distribute the information to another to:\n\n 1. Fraudulently obtain, record, or access identifying information that is not\n available to the general public that would assist in accessing financial\n resources, obtaining identification documents, or obtaining benefits of such\n other person;\n\n 2. Obtain money, credit, loans, goods, or services through the use of\n identifying information of such other person;\n\n 3. Obtain identification documents in such other person’s name; or\n\n 4. Obtain, record, or access identifying information while impersonating a\n law-enforcement officer or an official of the Commonwealth.\n\nB1. It shall be unlawful for any person to use identification documents or\nidentifying information of another person, whether that person is dead or alive,\nor of a false or fictitious person, to avoid summons, arrest, prosecution, or to\nimpede a criminal investigation.\n\nC. As used in this section, “identifying information” shall include\nbut not be limited to: (i) name; (ii) date of birth; (iii) social security\nnumber; (iv) driver’s license number; (v) bank account numbers; (vi)\ncredit or debit card numbers; (vii) personal identification numbers (PIN);\n(viii) electronic identification codes; (ix) automated or electronic signatures;\n(x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other\nnumbers or information that can be used to access a person’s financial\nresources, obtain identification, act as identification, or obtain money,\ncredit, loans, goods, or services.\n\nD. Violations of this section shall be punishable as a Class 1 misdemeanor. Any\nviolation resulting in financial loss of $1,000 or more shall be punishable as a\nClass 6 felony. Any second or subsequent conviction shall be punishable as a\nClass 6 felony. Any violation of subsection B where five or more persons’\nidentifying information has been obtained, recorded, or accessed in the same\ntransaction or occurrence shall be punishable as a Class 5 felony. Any violation\nof subsection B where 50 or more persons’ identifying information has been\nobtained, recorded, or accessed in the same transaction or occurrence shall be\npunishable as a Class 4 felony. Any violation resulting in the arrest and\ndetention of the person whose identification documents or identifying\ninformation were used to avoid summons, arrest, prosecution, or to impede a\ncriminal investigation shall be punishable as a Class 5 felony. In any\nproceeding brought pursuant to this section, the crime shall be considered to\nhave been committed in any locality where the person whose identifying\ninformation was appropriated resides, or in which any part of the offense took\nplace, regardless of whether the defendant was ever actually in such locality.\n\nE. Upon conviction, in addition to any other punishment, a person found guilty\nof this offense shall be ordered by the court to make restitution as the court\ndeems appropriate to any person whose identifying information was appropriated\nor to the estate of such person. Such restitution may include the person’s\nor his estate’s actual expenses associated with correcting inaccuracies or\nerrors in his credit report or other identifying information.\n\nF. Upon the request of a person whose identifying information was appropriated,\nthe Attorney General may provide assistance to the victim in obtaining\ninformation necessary to correct inaccuracies or errors in his credit report or\nother identifying information; however, no legal representation shall be\nafforded such person.\n\nHISTORY: 2000, c. 349; 2001, c. 423; 2003, cc. 847, 914, 918; 2004, c. 450;\n2006, cc. 455, 496; 2007, c. 441; 2009, cc. 314, 380; 2013, cc. 420, 466; 2018,\ncc. 764, 765; 2020, cc. 89, 401.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}