How Long Is Jail Time for Identity Theft? Federal & State Prison Sentences & Factors
Identity theft jail time ranges from 2 to 15 years in federal prison for basic offenses, with aggravated identity theft carrying a mandatory minimum of 2 years that must be served consecutively to any other sentence—and up to 30 years when connected to terrorism. State sentences vary dramatically: California imposes 16 months to 3 years for felonies and up to 1 year for misdemeanors, while Florida mandates 10 years minimum for identity theft involving 30+ victims or $100,000+ stolen. The amount stolen, number of victims, criminal history, and sophistication of the scheme determine whether offenders face months or decades behind bars.
In fiscal year 2024, the average federal identity theft sentence was 54 months (4.5 years), with 99% of convicted defendants sentenced to prison—up from 44 months in 2020, reflecting increasingly harsh sentencing trends. Courts no longer show leniency for identity theft crimes.
Federal Identity Theft Sentencing Ranges
Federal identity theft prosecutions fall under 18 U.S.C. § 1028 (basic identity theft) and 18 U.S.C. § 1028A (aggravated identity theft), each carrying distinct penalties based on offense severity.
Basic Identity Theft (18 U.S.C. § 1028)
Standard Offenses: Up to 15 years federal prison for producing or transferring false identification documents, possessing document-making equipment, or trafficking in authentication features.
Enhanced Penalties: Up to 20 years when identity theft involves prior convictions, drug trafficking, or violent crimes.
Terrorism-Related: Up to 30 years when identity theft aids domestic or international terrorism.
Federal judges consider the operation’s scale, financial losses, criminal motives, types of IDs stolen, and past convictions when determining penalties, with fines ranging from $100,000 to $500,000 accompanying prison time.
Aggravated Identity Theft (18 U.S.C. § 1028A)
Aggravated identity theft carries a mandatory minimum 2-year federal prison sentence that must run consecutively to any other sentence—meaning the 2 years gets added on top of whatever sentence the underlying crime receives, with no possibility of concurrent sentencing. For terrorism-related offenses, the mandatory minimum increases to 5 years.
Federal law prohibits judges from reducing the sentence for the underlying crime to account for the 2-year consecutive add-on for aggravated identity theft. The only exception allows multiple aggravated identity theft sentences to run concurrently with each other—but only after completing the sentence for the primary crime.
For example, if a defendant receives 12 months for wire fraud and is also convicted under 18 U.S.C. § 1028A, the court adds 24 months consecutively, totaling 36 months imprisonment. The consecutive nature makes aggravated identity theft particularly punishing.
There is no parole in federal court—defendants serve their full sentences minus only time earned for good behavior.
State Identity Theft Sentencing: Jurisdiction-Specific Ranges
State identity theft sentences vary dramatically by jurisdiction, with penalties escalating based on monetary thresholds and victim numbers.
California Identity Theft Sentencing
California Penal Code Section 530.5 classifies identity theft as a wobbler offense chargeable as either misdemeanor or felony. Misdemeanor convictions carry up to 1 year in county jail and fines up to $1,000, while felony convictions carry 16 months to 3 years in California state prison and fines up to $10,000.
Prosecutors determine felony vs. misdemeanor charges based on the defendant’s criminal history and specific case facts. For detailed analysis of California’s wobbler classification system, see Is Identity Theft a Felony in California?
Florida Identity Theft Sentencing
Florida Statute 817.568 generally charges identity theft as a third-degree felony punishable by up to 5 years in prison and fines up to $5,000. However, aggravating circumstances trigger mandatory minimums:
Second-Degree Felony: $5,000-$49,999 stolen or 10-19 victims—up to 15 years prison
First-Degree Felony with Mandatory Minimum: $50,000-$99,999 stolen or 20-29 victims—5-year mandatory minimum, up to 30 years maximum
First-Degree Felony with 10-Year Mandatory: $100,000+ stolen or 30+ victims—10-year mandatory minimum, up to 30 years maximum, plus fines up to $10,000
Other State Sentencing Ranges
Louisiana sentences range from 6 months jail and $500 fines for minor cases to 10 years prison and $10,000 fines based on victim age and value of goods or services secured.
Nevada imposes 1 to 20 years in state prison for identity theft, with actual sentences determined by loss amounts and criminal history.
North Carolina classifies identity theft as either Class G or Class F felonies. Class G presumptive range is 25-39 months, while Class F presumptive range is 33-49 months, depending on facts and prior record.
New York charges identity theft as a Class D felony carrying as much as 7 years jail or as little as probation and 6 months.
Factors That Increase Identity Theft Jail Time
Courts weigh multiple aggravating factors when calculating sentences within statutory ranges.
Amount of Financial Loss
The dollar value stolen directly correlates to sentence length. Federal sentencing guidelines use loss amounts as the primary driver for calculating guideline ranges, with higher losses triggering sentencing enhancements that add months or years.
Small-scale identity theft involving hundreds or thousands of dollars typically results in lower-range sentences, while schemes involving hundreds of thousands or millions guarantee maximum penalties.
Number of Victims
Each individual whose identity is stolen counts as a separate victim, and using multiple stolen identities dramatically increases exposure—for example, recent federal cases involving 200+ victims resulted in 2-year minimum mandatory sentences plus enhanced guidelines calculations.
Multiple victim schemes signal organized, sophisticated operations that courts punish severely.
Criminal History and Prior Convictions
First-time offenders receive lighter sentences within statutory ranges, while defendants with prior identity theft or fraud convictions face maximum penalties. Prior identity theft convictions increase federal sentencing exposure from 15 years to 20 years for subsequent offenses.
Vulnerable Victims
Targeting elderly victims, disabled individuals, or other vulnerable populations triggers sentencing enhancements. Many states include specific provisions increasing penalties when perpetrators target victims over age 65.
Sophisticated Means and Scale of Operation
Synthetic identity fraud rings, organized crime involvement, and sophisticated technology use lead to enhanced sentences—for example, a Virginia man received 12 years federal prison for orchestrating a synthetic identity fraud ring using over 400 stolen identities.
Recent Identity Theft Sentencing Cases (2024-2025)
Actual sentences imposed in recent prosecutions demonstrate current sentencing trends.
Matthew David Keirans: 12 Years for 30-Year Identity Theft Scheme
Matthew David Keirans, age 59, received 12 years federal prison in January 2025 after pleading guilty to false statements and aggravated identity theft. Keirans assumed a victim’s identity for three decades after working together at a hotdog cart in Albuquerque in the late 1980s, obtaining employment as a high-level hospital administrator in Iowa City using false identification documents including fictitious I-9 forms, Social Security numbers, and birth certificates.
This case demonstrates that duration and sophistication of identity theft schemes significantly impact sentencing, with three decades of continuous fraud warranting the harshest penalties.
George Santos: 87 Months for Wire Fraud and Aggravated Identity Theft
Disgraced former U.S. Rep. George Santos received 87 months (7+ years) federal prison in April 2025 after pleading guilty to wire fraud and aggravated identity theft for lying about his life story and defrauding donors. U.S. District Court Judge Joanna Seybert questioned his remorse during sentencing, noting he appeared to believe “it’s always someone else’s fault.”
High-profile defendants receive no leniency—courts impose severe sentences regardless of social status or political position.
Linval Jackson and Isaiah Aaron Tenryk: COVID Relief Fraud
Isaiah Aaron Tenryk pleaded guilty to bank fraud and identity theft in September 2024 and received 3 years federal prison in December 2024 for stealing over $3 million in COVID relief tax credits using a stolen corporate executive identity. Co-conspirator Linval Jackson pleaded guilty in October 2025 to conspiracy to commit bank fraud, bank fraud, and aggravated identity theft, with sentencing scheduled for January 2026.
The mandatory 2-year consecutive aggravated identity theft sentence will be added to Tenryk’s underlying bank fraud sentence.
Immigration-Related Identity Theft: 2-Year Mandatory Minimums
Multiple defendants in a Florida immigration-related identity theft investigation received 2-year federal prison sentences after pleading guilty to aggravated identity theft. Erlin Maradiaga-Flores pleaded guilty and was sentenced to 2 years on December 17, 2024. Each defendant faces minimum penalties of 2 years, up to 12 years federal prison when charged with aggravated identity theft, misuse of Social Security numbers, and false statements regarding citizenship.
Abel Alonso Valdez-Vazquez: 18 Months for 30-Year Identity Misuse
A Tijuana man received 18 months federal prison in September 2025 for misusing an American citizen’s identity for over 30 years, obtaining identification documents and $81,185.35 in Social Security benefits. The court also ordered full restitution payment.
This relatively lenient sentence compared to the Keirans case reflects differences in financial harm and employment fraud versus government benefit fraud.
Long Ly: 3 Years for Unemployment Fraud
A Des Moines man received 54 months (4.5 years) federal prison in February 2025 for wire fraud and money laundering after defrauding Iowa Workforce Development by filing unemployment insurance benefits using compromised identities of vulnerable elderly victims with limited English proficiency.
Targeting vulnerable elderly victims contributed to the mid-range federal sentence.
Mandatory Minimum Sentences Explained
Aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory minimum 24-month (2-year) prison sentence that federal judges cannot reduce below the statutory floor, regardless of mitigating circumstances or defendant cooperation—unless the government files a substantial assistance motion under 18 U.S.C. § 3553(e).
Defendants must cooperate with the government to secure a 3553(e) motion allowing judges to depart below the mandatory minimum. Without cooperation, the 2-year minimum applies automatically.
In fiscal year 2024, 575 cases involved 18 U.S.C. § 1028A charges, down 12.9% since fiscal year 2020. However, sentences have increased—demonstrating that although fewer cases are prosecuted, those that proceed result in harsher penalties.
How Federal Sentencing Guidelines Calculate Jail Time
Federal judges calculate sentences using the United States Sentencing Guidelines Manual, which establishes base offense levels and then applies enhancements or reductions based on specific offense characteristics, criminal history, victim characteristics, and other factors.
Base Offense Level: Identity theft begins with a base offense level under USSG §2B1.1 (theft, property destruction, and fraud).
Loss Amount Enhancements: Guidelines add levels based on dollar losses—higher losses trigger more levels, which translate to longer guideline ranges.
Victim Number Enhancements: Schemes involving 10+ victims, 50+ victims, or 250+ victims receive additional level increases.
Sophisticated Means: Using sophisticated methods or targeting vulnerable victims adds levels.
Role in Offense: Organizers and leaders receive enhancements, while minor participants receive reductions.
Criminal History Category: Points from prior convictions determine criminal history category (I-VI), which intersects with the offense level to produce a guideline range in months.
The average guideline minimum for identity theft increased from 56 months in fiscal year 2020 to 68 months in fiscal year 2024, while average sentences imposed increased from 44 months to 54 months—a 23% increase in just five years.
64.7% of identity theft sentences in fiscal year 2024 were below the Guidelines Manual range, with average sentence reductions of 57.8%. This means most defendants receive downward departures through plea agreements or other mitigating factors.
First-Time Offender Sentencing: What to Expect
First-time identity theft offenders without criminal history receive more lenient treatment within statutory ranges, but prison time remains highly likely for federal prosecutions.
99% of federal identity theft defendants were sentenced to prison in fiscal year 2024. Probation is extremely rare for federal identity theft convictions—courts impose incarceration in virtually all cases.
State prosecutions offer more flexibility. First-time offenders charged with misdemeanor identity theft in California may receive probation, community service, or short county jail sentences rather than state prison.
Typical Plea Deal Outcomes
Most identity theft cases resolve through plea agreements rather than trials, with defendants pleading guilty to reduced charges in exchange for sentencing recommendations below guideline ranges.
Common plea deal structures include:
Charge Reductions: Prosecutors dismiss aggravated identity theft charges (eliminating the 2-year mandatory minimum) in exchange for guilty pleas to underlying fraud charges.
Guideline Departures: Government recommends below-guideline sentences based on cooperation, acceptance of responsibility, or limited criminal history.
Concurrent Sentencing: For multiple counts, plea agreements may allow concurrent rather than consecutive sentences.
Alternative Sentencing: State cases may include probation, home confinement, or work release programs instead of prison.
The average sentence reduction for identity theft defendants receiving government-sponsored departures (typically for substantial assistance) was 57.8% in fiscal year 2024.
Parole Eligibility for Identity Theft Convictions
There is no parole in the federal criminal justice system—defendants serve their full sentences with only modest time reductions for good behavior, typically serving approximately 85% of imposed sentences.
State parole systems vary significantly. California felony identity theft convictions may qualify for parole after serving a portion of the sentence, depending on conviction type and criminal history.
Comparing Federal vs. State Identity Theft Sentences
Federal prosecutions consistently produce longer sentences than state prosecutions for comparable conduct.
Federal Average: 54 months (4.5 years) average sentence in fiscal year 2024
State Range: 6 months to 5 years for typical cases, with enhanced penalties for aggravated circumstances reaching 10-30 years in states like Florida
Federal prosecutors pursue cases involving:
- Multi-state schemes crossing jurisdictional boundaries
- Large-scale organized fraud rings
- Substantial financial losses (typically $100,000+)
- Federal program fraud (Social Security, Medicare, COVID relief)
Federal law enforcement agencies—primarily the FBI and Secret Service—investigate only large-scale complex identity theft schemes with substantial losses, leaving smaller cases to state prosecution.
Restitution Requirements and Financial Penalties
Courts order restitution forcing defendants to repay victims’ financial losses regardless of jail time imposed. For example, Abel Alonso Valdez-Vazquez was ordered to pay $81,185.35 restitution to the Social Security Administration in addition to his 18-month prison sentence.
Federal fines reach up to $250,000 per offense or twice the gross gain or loss, whichever is greater. State fines typically range from $1,000 to $10,000, with Texas imposing $10,000 for elder-targeted fraud.
Restitution obligations survive imprisonment—defendants must pay even after release, with courts converting unpaid amounts to civil liens that follow defendants for decades.
The Longest Identity Theft Sentences on Record
While most identity theft sentences fall in the 2-10 year range, exceptional cases result in decades-long imprisonment:
30-Year Maximum: Federal terrorism-related identity theft carries statutory maximums of 30 years.
32 Years: A Waukee, Iowa man received 32 years federal prison for fraud, money laundering, and fentanyl distribution combined with identity theft charges.
12 Years: Matthew David Keirans received 12 years for a 30-year identity theft scheme involving employment fraud.
9 Years: Multiple defendants received 9-year federal sentences for wire fraud and money laundering schemes involving identity theft.
The longest sentences involve combinations of identity theft with other serious federal crimes like drug trafficking, terrorism, or large-scale organized fraud.
What This Means for Defendants and Victims
Identity theft prosecutions result in substantial prison time across federal and state systems. The trend toward harsher sentences continues—2024-2025 defendants receive 40% longer prison terms on average than defendants sentenced in 2021-2022 for identical conduct.
Defendants facing identity theft charges need experienced criminal defense attorneys immediately. Early intervention can secure plea agreements avoiding mandatory minimums, negotiating charge reductions, or identifying weaknesses in prosecution cases.
Victims should understand that perpetrators face serious consequences—nearly all federal identity theft defendants receive prison time, with average sentences exceeding 4 years. For more information on victim resources and reporting procedures, see 7 Types of Identity Theft Penalties in 2025.
Understanding how perpetrators obtain personal information helps prevention. Dumpster diving identity theft remains a common low-tech method criminals use to steal identities from trash, highlighting the importance of proper document destruction.
Frequently Asked Questions
What is the maximum jail time for identity theft?
Federal maximum sentences reach 30 years for terrorism-related identity theft, 20 years for identity theft involving prior convictions or violent crimes, and 15 years for basic identity theft. State maximums range from 5 years (Florida third-degree felonies) to 30 years (Florida first-degree felonies with aggravating circumstances).
Do first-time offenders go to jail for identity theft?
Yes. 99% of federal identity theft defendants receive prison sentences regardless of criminal history. State prosecutions offer more flexibility—first-time misdemeanor offenders may receive probation, but felony convictions typically result in jail time even for first offenses.
What factors increase identity theft sentencing?
Amount stolen, number of victims, criminal history, vulnerable victim targeting, sophisticated methods, organized crime involvement, and terrorism connections all increase sentences. Federal guidelines add levels for each aggravating factor, translating to years of additional prison time.
How long is federal vs. state jail time for identity theft?
Federal sentences average 54 months (4.5 years) with 99% receiving prison time. State sentences range from 6 months to 30 years depending on jurisdiction and severity. Federal prosecutions consistently produce longer sentences for comparable conduct.
What are mandatory minimums for identity theft?
Aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory 2-year minimum that must be served consecutively to any other sentence (5 years for terrorism). Judges cannot reduce below this floor without government cooperation motions. Florida imposes mandatory minimums of 5-10 years for aggravated circumstances.
What are typical plea deal sentences for identity theft?
Most defendants receive 40-60% sentence reductions through plea agreements. Average reductions reach 57.8% when the government sponsors departures for substantial assistance. Charge reductions eliminating mandatory minimums are common plea negotiation results.
What are the longest identity theft sentences ever imposed?
The longest sentences reach 30-32 years when identity theft combines with other serious federal crimes like terrorism, drug trafficking, or massive organized fraud. Most exceptional sentences involve multiple charges stacked consecutively rather than standalone identity theft convictions.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Sentencing for identity theft varies by jurisdiction, specific circumstances, and may change. Consult official federal and state sentencing guidelines, review current statutes independently, and contact a criminal defense attorney for specific questions about identity theft charges or sentencing.
About the Author
Sarah Klein, JD, is a former consumer rights attorney who spent years helping clients with issues like unfair billing, product disputes, and debt collection practices. At All About Lawyer, she simplifies consumer protection laws so readers can defend their rights and resolve problems with confidence.
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