Understanding Iowa Identity Theft Laws
Learn how identity theft is defined, punished, and addressed under Iowa law, and what victims can do to protect themselves and recover.
Identity theft is a serious and growing problem, and Iowa law treats it as both a criminal offense and a consumer protection issue. This guide explains how identity theft is defined in Iowa, what penalties offenders face, the rights and tools available to victims, and practical steps you can take to protect yourself and respond if your personal information is misused.
What Counts as Identity Theft Under Iowa Law?
Under Iowa Code section 715A.8, a person commits identity theft when they fraudulently use or attempt to use another person’s identifying information with the intent to obtain credit, property, services, or another benefit. The law focuses on both the fraudulent use of information and the intent to obtain something of value.
Key Elements of Identity Theft
To qualify as identity theft under Iowa law, prosecutors generally must show that:
- The accused used or tried to use someone else’s identifying information.
- The use was fraudulent or deceptive, not authorized by the person whose information was used.
- The purpose was to gain credit, property, services, or another form of benefit.
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Because the law covers attempts, a person can be charged even if the fraud did not succeed, as long as they tried to use the information in a prohibited way.
What Is “Identification Information”?
Iowa law uses the term identification information to describe the type of data that can be misused in identity theft cases. While the statute provides detailed language, common examples include:
- Full name and date of birth
- Social Security number
- Driver’s license or state ID card number
- Credit card and bank account numbers
- Login credentials for financial accounts
According to Iowa Legal Aid, identity theft occurs when someone uses your name, Social Security number, date of birth, credit card or bank account information, or other personal data without permission. This description aligns with the broad definition in Iowa’s identity theft statute.
Criminal Penalties for Identity Theft in Iowa
Iowa assigns penalties for identity theft based on the value of the credit, property, services, or other benefit involved in the offense. The higher the value, the more serious the charge.
Penalty Levels Based on Value
| Value of Credit/Property/Benefit | Offense Level | General Consequences |
|---|---|---|
| More than $10,000 | Class C felony | Serious felony; significant prison exposure and fines. |
| More than $1,500 but not more than $10,000 | Class D felony | Felony conviction; possible prison, fines, and long-term consequences. |
| Up to $1,500 | Aggravated misdemeanor | Still a serious criminal offense; potential jail time and fines. |
Iowa law requires that the value of the stolen benefit be measured at its highest reasonable value at the time the identity theft was committed, which prevents offenders from underestimating the harm caused.
Additional Consequences
Beyond the basic classification of the offense, identity theft can carry additional legal and practical consequences:
- Seizure and forfeiture of property used in or obtained through identity theft, under Iowa’s forfeiture laws.
- Loss of civil rights, such as voting and firearm rights, in felony cases (governed by broader Iowa criminal law, not just the identity theft statute).
- Collateral impacts on employment, professional licensing, and housing due to a criminal record.
Identity theft also constitutes an unlawful practice under Iowa’s consumer fraud laws, allowing civil enforcement by the state and private lawsuits by victims.
Victim Rights and Civil Remedies
Iowa law recognizes that identity theft harms victims in ways that go beyond the immediate financial loss. As a result, victims have both criminal justice rights and civil options to seek compensation and clear their names.
Civil Cause of Action for Identity Theft
Iowa Code section 714.16B creates a civil cause of action for people who have been victims of identity theft. This means a victim can file a lawsuit against the person who used their identity and seek recovery of financial losses and other damages.
According to the People’s Law Library of Iowa, victims who lost money because their identity was stolen can bring a lawsuit and may recover costs such as out-of-pocket expenses, interest, and reasonable attorney fees in appropriate cases. This civil remedy complements the criminal process, which focuses on punishing the offender rather than making the victim whole.
The Identity Theft Passport Program
One of Iowa’s most important tools for victims is the Identity Theft Passport Program, established under Iowa Code section 715A.9A and administered through the Office of the Attorney General.
What Is an Identity Theft Passport?
An identity theft passport is an official document issued to victims of identity theft after they file a police report. It serves as proof that the victim has reported a crime and is actively trying to address fraudulent activity.
Victims can show the passport to:
- Law enforcement, to help avoid being wrongly arrested or investigated for crimes committed by someone using their identity.
- Creditors and financial institutions, to support fraud investigations and dispute unauthorized accounts or charges.
How to Apply for a Passport
According to the Iowa Attorney General, the Identity Theft Passport Program requires victims to:
- File a police report about the identity theft.
- Complete the passport application provided by the Attorney General’s office.
- Submit supporting documentation demonstrating the identity theft and its impact.
The Attorney General’s Consumer Protection Division can answer questions about the application process and help victims navigate the program.
Reporting Identity Theft in Iowa
Prompt reporting is crucial. It can limit damage, support criminal prosecution, and help with civil recovery. Iowa law enforcement agencies are directed to take reports of identity theft and provide copies to the victim.
Where and How Cases Can Be Prosecuted
Iowa’s identity theft law allows prosecutors to bring charges in several possible locations, which makes it easier to pursue offenders whose conduct crosses county lines. Violations may be prosecuted:
- In the county where the violation occurred.
- In any county where part of the offense took place, if multiple counties are involved.
- In the county where the victim resides.
- In the county where the property that was fraudulently used or attempted to be used was located at the time of the violation.
This flexible venue rule reflects the reality that identity theft often involves online transactions and multi-jurisdictional activity.
Steps to Take When You Discover Identity Theft
Iowa Legal Aid and the Iowa Attorney General recommend a series of practical steps for victims to contain the damage and start the recovery process. Common actions include:
- Contact affected creditors and banks immediately to report fraud and close or secure compromised accounts.
- Request fraud dispute forms and transaction records (such as credit applications or charge histories) to document unauthorized activity.
- File a police report with your local law enforcement agency and obtain a copy for your records and for creditors.
- Place a fraud alert or security freeze on your credit reports with the major credit bureaus to prevent new accounts from being opened in your name.
- File a complaint with the Federal Trade Commission (FTC), which provides additional guidance and forms at IdentityTheft.gov.
- Check for misuse of your Social Security number with the Social Security Administration and report any fraudulent use to the IRS if tax-related identity theft is suspected.
- Report suspected mail theft to your local post office if stolen mail may have contributed to the identity theft.
Special Issues: Driver’s Licenses and State IDs
Identity theft does not only involve credit cards and bank accounts. The Iowa Department of Transportation (Iowa DOT) specifically addresses cases where someone uses another person’s information to obtain a driver’s license, ID card, or vehicle title.
If you discover that your identity has been used to obtain state-issued documents, Iowa DOT advises you to report the theft and contact the Iowa Attorney General’s Consumer Protection Division, which works with other agencies to address the misuse.
Preventing Identity Theft: Practical Safeguards
While no strategy is perfect, certain habits and protective measures significantly reduce the risk of becoming an identity theft victim. Guidance from Iowa’s legal and consumer protection resources emphasizes proactive steps such as:
- Monitor your accounts and credit reports regularly for unfamiliar charges or accounts.
- Use strong, unique passwords and enable multi-factor authentication for online banking and email.
- Shred sensitive documents before discarding, especially those with financial or personal data.
- Be cautious with unsolicited calls, emails, or texts that request personal information; verify the source independently before responding.
- Limit sharing of personal details on social media, particularly information that could be used to answer security questions.
- Consider a security freeze if you rarely seek new credit, as it restricts access to your credit report and can prevent new accounts from being opened in your name.
Frequently Asked Questions About Iowa Identity Theft Laws
Is identity theft always a felony in Iowa?
No. Identity theft in Iowa is an aggravated misdemeanor when the value of the credit, property, services, or other benefit obtained does not exceed $1,500. It becomes a class D felony when the value is between $1,500 and $10,000, and a class C felony when it exceeds $10,000.
Do I need a police report to use the Identity Theft Passport Program?
Yes. To qualify for an identity theft passport, victims must file a police report and then apply through the procedure established by the Iowa Attorney General under Iowa Code section 715A.9A. The passport relies on documentation that a crime has been reported.
Can I sue the person who stole my identity?
Yes. Iowa Code section 714.16B provides a civil cause of action for identity theft victims. This allows you to seek compensation for losses and costs related to the theft, in addition to any criminal charges brought by the state.
What should I do if my driver’s license was obtained or used by someone else?
If someone used your information to get an Iowa driver’s license, ID card, or vehicle title, the Iowa Department of Transportation advises reporting the identity theft and working with the Iowa Attorney General’s Consumer Protection Division to resolve the situation and correct records.
Is identity theft treated as a consumer protection issue in Iowa?
Yes. Identity theft is treated as an unlawful practice under Iowa’s consumer fraud laws, which means the Attorney General can take action and victims may have additional remedies beyond traditional criminal prosecution.
References
- Iowa Code § 715A.8 Identity theft — Iowa Legislature. 2024-01-01. https://www.legis.iowa.gov/docs/code/715A.8.pdf
- Iowa Code Chapter 715A – Credit card fraud and identity theft — Iowa Legislature. 2024-01-01. https://www.legis.iowa.gov/docs/aco/ic/chapters/715A.pdf
- Identity Theft — People’s Law Library of Iowa. 2023-05-01. https://www.peopleslawiowa.org/index.php/research-topics/consumer-law/protecting-your-identity/identity-theft
- Identity Theft — Iowa Attorney General, Consumer Protection Division. 2023-06-15. https://www.iowaattorneygeneral.gov/for-consumers/general-consumer-information/identity-theft
- Identity Theft — Iowa Legal Aid. 2022-11-10. https://iowalegalaid.org/resource/identity-theft-2/
- Report Identity Theft — Iowa Department of Transportation. 2022-09-01. https://iowadot.gov/drivers-licenses-ids/other-services/report-identity-theft
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