How do Georgia criminal defense lawyers fight identity theft charges?
Identity theft in Georgia is addressed under the identity fraud statute, O.C.G.A. 16-9-121, which makes it an offense to willfully and fraudulently use or possess another person’s identifying information without authorization for unlawful purposes. How such a case is analyzed depends on what conduct is alleged and whether the elements, including knowledge and intent, are satisfied.
A defining element is intent. The offense generally targets the willful use of identifying information with an intent related to fraud or unlawful purposes, so whether a person acted with that intent is often central. Conduct that was authorized, mistaken, or lacking fraudulent purpose addresses this element.
Authorization can be significant. Where a person had permission to use another’s information, or reasonably believed they did, that bears on whether the use was unauthorized as the offense requires. The relationship between the parties, such as a family member, business associate, or account holder, and the precise scope of any permission granted can be relevant to whether the use exceeded what was authorized.
The connection between a person and the alleged conduct is also examined. Identity-related offenses frequently involve electronic transactions and digital evidence, and questions can arise about whether the evidence actually links a specific person to the conduct, particularly where accounts or devices may have been accessed by others.
Two threads tend to run through these cases: whether the use of another’s information was authorized, and whether it was paired with a fraudulent or unlawful purpose. Identity-related conduct so often leaves a digital trail that a third question, whether the evidence actually ties a specific person to the conduct, frequently carries weight as well.