Understanding Delaware Identity Theft Laws
A practical guide to Delaware identity theft crimes, penalties, victim tools and prevention strategies.
Identity theft is a serious crime in Delaware, treated as a felony offense and supported by specific protections for victims who need to clear their records and repair financial damage. This guide explains how Delaware law defines identity theft, the penalties involved, tools available to victims, and practical steps to reduce risk and respond to fraud.
Identity Theft in Delaware: Core Legal Definition
Under Delaware law, identity theft occurs when someone uses another person’s personal identifying information without consent in connection with criminal activity. The statute is intentionally broad to cover both direct misuse and situations where information is passed on to others for illegal purposes.
Key Elements of the Crime
A person commits identity theft in Delaware when all of the following elements are present:
- Personal data involved – The offender deals with information that legally qualifies as “personal identifying information.”
- Lack of consent – The true owner of the information has not agreed to its use or transfer.
- Knowingly or recklessly – The person acts with awareness or with reckless disregard of the risk that their conduct is unlawful.
- Connection to a crime – The data is used, or intended to be used, to commit or facilitate another crime listed in Delaware’s criminal code.
Delaware law also covers situations where someone obtains or transfers personal information that is then used by a third party to commit crimes. In that case, facilitating the misuse of data can still qualify as identity theft.
What Counts as “Personal Identifying Information”
Delaware provides a detailed list of data elements that fall under “personal identifying information.” Examples include:
- Full name and home address
- Date of birth
- Social Security number
- Driver’s license number or other government ID numbers
- Telephone numbers
- Bank account and financial services account numbers
- Credit card and other payment card numbers
- Electronic identifiers and computer system passwords
- Educational, health care, financial, credit and employment records
- Email address and security-related information such as mother’s maiden name
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Any similar personal number, record or piece of information that can be used to impersonate someone or access their accounts can fall under this definition.
Criminal Classification and Sentencing in Delaware
Delaware treats identity theft as a class D felony under Title 11 of the Delaware Code. This classification places the offense above misdemeanors and below the most severe felonies, but still exposes defendants to substantial prison time and long-term consequences.
Class D Felony Status
Being charged with a class D felony means identity theft is considered a serious property and fraud-related offense within Delaware’s criminal system. While exact sentencing ranges depend on the broader felony framework and any prior record, a felony conviction typically involves:
- Potential incarceration rather than simple fines or probation
- Formal felony record, affecting employment, housing and professional licensing
- Possible probation or supervised release after serving a custodial sentence
Mandatory Restitution to Victims
In addition to any jail or prison sentence, Delaware courts must order full restitution to victims when a defendant is convicted of identity theft or pleads guilty. Restitution can cover:
- Direct monetary losses
- Documented lost wages
- Reasonable attorney’s fees associated with resolving the fraud and restoring identity
This restitution obligation is separate from other financial penalties or fines imposed under the criminal code and is intended to make victims financially whole as much as possible.
Prosecution Alongside Other Crimes
Delaware law explicitly allows prosecutors to charge identity theft in addition to other related offenses, such as fraud, theft, or occupational fraud. A single course of conduct may therefore result in:
- Identity theft charges based on misuse of personal data
- Theft or fraud charges based on the actual financial loss or property obtained
- Other white-collar or computer crime charges where appropriate
This approach gives prosecutors flexibility and increases potential sentencing exposure for serious cases.
Identity Theft Passport: A Unique Delaware Remedy
Delaware offers a distinctive tool known as the identity theft passport, created to help victims manage the consequences of the crime and avoid further harm. It functions as an official confirmation that the holder has been a victim of identity theft under Delaware law.
Applying for an Identity Theft Passport
To qualify, a victim must first file a police report alleging identity theft under Delaware’s identity theft statute. The process typically includes:
- Reporting identity theft to a law enforcement agency in Delaware.
- Completing an application for an identity theft passport through that agency.
- Having the agency submit the application and a copy of the police report to the Office of the Attorney General.
After reviewing the application and confirming that the theft relates to Delaware’s identity theft law, the Attorney General’s Office may issue an identity theft passport, usually as a card or certificate and potentially including photo identification.
How Victims Can Use the Passport
Once issued, the identity theft passport can be presented to several types of entities:
| Entity | Purpose of the Passport |
|---|---|
| Law enforcement agencies | To help prevent wrongful arrest or detention for crimes committed under the victim’s name by the identity thief. |
| Creditors (banks, card issuers, utilities) | To assist in investigating disputed charges or accounts opened fraudulently with the victim’s identity. |
| Consumer reporting agencies | To serve as official notice of identity theft and ensure future credit reports reflect the dispute. |
Under federal law, credit reporting agencies that receive an identity theft passport must treat it as an official dispute notice and include it in future reports that reference disputed information caused by the theft.
Practical Steps for Delaware Victims of Identity Theft
The Delaware Department of Justice and federal regulators provide clear guidance on what victims should do when they discover identity theft. Acting quickly reduces financial damage and improves the chances of successful resolution.
Immediate Actions to Take
- Contact local police – Report the identity theft to the police department in the area where you live and request a copy of the report or the case number.
- Alert the major credit bureaus – Notify the nationwide credit reporting agencies, request a fraud alert, and obtain copies of your credit reports to identify any unauthorized accounts or inquiries.
- Consider a credit freeze – Place a security freeze on your credit report to prevent new creditors from accessing it without your consent, which can block new accounts opened by fraudsters.
- Contact creditors and banks – Call the fraud departments for your credit card issuers, banks and other creditors to report the theft and request fraud alerts or account changes.
- Report to the Federal Trade Commission – File a complaint with the FTC, which collects data and provides recovery planning tools for identity theft victims.
Documentation and Follow-Up
Victims should carefully document every step they take. That includes:
- Keeping copies of police reports and written complaints
- Saving correspondence with creditors and credit bureaus
- Tracking dates, phone numbers and names of representatives spoken to
- Retaining bills or receipts that show fraudulent charges
Accurate documentation supports restitution claims in criminal cases and can help resolve disputes over fraudulent debts or negative credit entries.
Preventing Identity Theft in Delaware
Although no one can eliminate risk entirely, Delaware’s Consumer Protection Unit offers practical advice on reducing the likelihood of identity theft. Many effective steps are simple changes to everyday habits.
Safeguarding Financial and Personal Data
- Limit sharing of Social Security numbers – Only provide this number when absolutely necessary, and question why it is requested.
- Protect credit and debit card details – Avoid writing card numbers where others can see them and shield PIN entries at ATMs and point-of-sale terminals.
- Secure bank and investment account information – Store documents in a safe place, and never send account numbers through unsecured email or text messages.
- Manage receipts and statements – Keep or shred receipts and monthly statements that include partial account numbers, instead of discarding them openly.
- Monitor online accounts – Use strong, unique passwords and enable multifactor authentication when available.
Credit and Monitoring Practices
- Review credit reports regularly and dispute unfamiliar accounts or inquiries.
- Consider enrolling in reputable credit monitoring or identity protection services.
- Update contact information with financial institutions to ensure you receive alerts for suspicious activity.
Identity Theft vs. Other Delaware Fraud Offenses
Identity theft often overlaps with other fraud and property crimes under Delaware law. Understanding these related offenses provides context for how prosecutors may structure charges.
Relationship to Occupational and Financial Fraud
Delaware criminal law recognizes a range of fraud offenses, including occupational fraud involving misrepresentation in an employment context. While occupational fraud focuses on deception within workplace relationships, identity theft focuses on misuse of personal data. A single scheme—such as an employee using a customer’s personal information for unauthorized transactions—can potentially lead to both identity theft and occupational fraud charges.
Combination with Theft and Credit Card Crimes
Because identity theft usually results in financial loss, it commonly appears alongside:
- Theft or larceny charges for taking money or property
- Credit card fraud or misuse offenses
- Computer-related crimes if data is accessed through hacked systems
Delaware’s code allows prosecutors to select multiple charges where the conduct fits different statutory definitions, which can increase potential penalties and restitution amounts.
FAQs About Delaware Identity Theft Laws
Is identity theft always a felony in Delaware?
Yes. Under Delaware’s identity theft statute, the offense is classified as a class D felony, making it a serious crime even if the dollar amount involved is relatively modest.
Do victims have to prove intent to secure an identity theft conviction?
No. The prosecution must prove the defendant acted knowingly or recklessly and that the misuse of personal data was connected to criminal activity. Victims are not responsible for proving the defendant’s mental state themselves.
What financial relief can victims receive through the criminal case?
Upon conviction or guilty plea, the sentencing judge must order full restitution for monetary loss, including documented lost wages and reasonable attorney’s fees incurred because of the identity theft.
How does the identity theft passport help with criminal records?
The passport does not erase criminal records, but it serves as official documentation that specific charges or debts may stem from identity theft. Victims can present it to law enforcement and creditors to show they were not responsible for the fraudulent conduct.
Do federal laws also protect Delaware residents from identity theft?
Yes. Federal laws enforced by agencies such as the Federal Trade Commission and the Consumer Financial Protection Bureau provide nationwide protections and dispute rights. Delaware’s identity theft statute works alongside these federal rules.
References
- 11 Delaware Code § 854: Identity theft; class D felony — Delaware Code Online. 2024-01-01. https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-iii/section-854/
- Title 11, Chapter 5, Subchapter III — Delaware Code Online. 2024-01-01. https://delcode.delaware.gov/title11/c005/sc03/
- Identity Theft — Delaware Department of Justice, Consumer Protection Unit. 2023-06-15. https://attorneygeneral.delaware.gov/identity-theft/
- § 854A. Identity Theft Passport; Application; Issuance — WomensLaw.org. 2022-05-10. https://www.womenslaw.org/laws/de/statutes/ss-854a-identity-theft-passport-application-issuance
- What Is “Occupational” Fraud Under Delaware Criminal Laws? — Michael C. Modica, P.A. 2021-09-20. https://www.michaelmodicalaw.com/what-is-occupational-fraud-under-delaware-criminal-laws/
- State Identity Theft Statutes and Criminal Use of Personal ID — National Conference of State Legislatures. 2023-03-01. https://www.ncsl.org/financial-services/identity-theft
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