What Is the Penalty for Identity Theft? Prison Time, Fines And Restitution

Federal identity theft carries up to 5 years in prison, or up to 15 if the thief got $1,000 or more in a year. Fines can reach $250,000 or more, and aggravated cases add a mandatory 2 years. State penalties depend on how the crime is graded. Here they are, in years and dollars.

Identity Theft Penalties — Quick Facts

Federal prison (base)	Up to 5 years
$1,000 or more obtained in a year	Up to 15 years
Drug trafficking, violent crime, or a prior § 1028 conviction	Up to 20 years
Terrorism-related	Up to 30 years
Aggravated identity theft	Mandatory 2 years added on top (5 for terrorism felonies)
Federal fine (felony)	Up to $250,000, or twice the gain or loss if that’s higher
Restitution	Federal courts must order it in covered cases (18 U.S.C. § 3663A)
State penalties	Set by each state; see the table below
Last Updated	September 19, 2026

What Is the Federal Penalty for Identity Theft?

Federal identity theft, under 18 U.S.C. § 1028(a)(7), is a felony. The maximum prison term depends on what the thief got and why.

• Up to 5 years: the base offense.
• Up to 15 years: if the thief obtains anything worth $1,000 or more in any one-year period.
• Up to 20 years: if the offense helps a drug trafficking crime, is tied to a crime of violence, or comes after a prior conviction under the same section.
• Up to 30 years: if it helps an act of domestic or international terrorism.

A judge can also impose a fine. For a felony, the federal limit is $250,000, or twice the thief’s gross gain or twice the victim’s loss if either is higher.

On top of that come forfeiture of property used in the offense and a $100 special assessment on each felony count. Attempts and conspiracies carry the same penalties as the completed crime. So a $1,000 haul can turn a five-year ceiling into fifteen.

What Is Aggravated Identity Theft, and What Does It Add?

Aggravated identity theft is a separate federal charge under 18 U.S.C. § 1028A. When someone uses another person’s identity during certain felonies, like wire fraud or bank fraud, the law adds a mandatory two years on top of the sentence for that felony. Terrorism felonies add five.

The court can’t place the person on probation for it. It also can’t run the two years at the same time as the other sentence, and it can’t shorten the underlying sentence to make up for it. If someone is convicted on several § 1028A counts, the court may let those terms overlap with each other.

The Supreme Court narrowed the charge in 2023, and our guide to whether identity theft is a felony explains how. Once it’s proven, though, the judge has no room to shave those two years off.

What Restitution Looked Like in One Federal Case

Here’s what a real federal plea agreement shows. In a Middle District of Florida case (No. 3:19-cr-00046), a defendant pleaded guilty to aggravated identity theft committed during a theft of government property. The agreement had him pay full restitution of $32,434 to the Department of Veterans Affairs, $18,905 to HUD, and $12,434 to USDA, a total of $63,773.

Each penalty in that agreement was separate. The prison term, the fine ceiling, the $100 assessment and the restitution all stacked.

State Penalties for Identity Theft

Every state sets its own penalties, and they’re tied to how the crime is graded. These are the statutory maximums, not typical sentences. Actual sentences depend on sentencing rules and criminal history.

State	Grade	Prison	Fine
Texas	State jail felony	180 days to 2 years	Up to $10,000
	Third-degree felony	2 to 10 years	Up to $10,000
	Second-degree felony	2 to 20 years	Up to $10,000
	First-degree felony	5 to 99 years or life	Up to $10,000
Florida	Third-degree felony	Up to 5 years	Up to $5,000
	Second-degree felony	Up to 15 years (3-year mandatory minimum at the $5,000 tier)	Up to $10,000
	First-degree felony	Up to 30 years (5- or 10-year mandatory minimum at the higher tiers)	Up to $10,000
Washington	Class C felony	Up to 5 years	Up to $10,000
	Class B felony	Up to 10 years	Up to $20,000
Pennsylvania	First-degree misdemeanor	Up to 5 years	Up to $10,000
	Third-degree felony	Up to 7 years	Up to $15,000
	Second-degree felony	Up to 10 years	Up to $25,000
New York	Class A misdemeanor (third degree)	Up to 1 year
	Class E felony (second degree)	Up to 4 years
	Class D felony (first degree)	Up to 7 years
California	Misdemeanor	Up to 1 year in county jail	Fine
	Felony	County jail under Penal Code § 1170(h)

Florida’s fine can also go higher, up to double the thief’s gain or double the victim’s loss. Texas, Florida, Washington, Pennsylvania and New York grade identity theft by dollar amount, number of victims or the victim’s age. Our felony guide explains the grading for these states plus Ohio and Illinois.

What Else Can a Court Order?

Prison and fines are only part of the penalty. Courts can order the thief to repay the victim, and some states add costs of their own.

• Federal restitution: the court must order restitution to victims of covered offenses under 18 U.S.C. § 3663A.
• Florida: a mandatory $1,001 surcharge that can’t be waived, plus restitution that can include a victim’s attorney’s fees for clearing their credit.
• Pennsylvania: a dedicated restitution provision for identity theft, 18 Pa.C.S. § 1107.1.
• Ohio: full restitution and a fine of up to $50,000 when the victim is elderly.

Victims can sometimes sue, too. Ohio’s statute includes a civil action under § 2307.60, and Pennsylvania has a damages provision at 42 Pa.C.S. § 8315. A consumer rights lawyer can explain whether compensation for damages is realistic in your case, and many offer a free legal consultation.

What If Someone Stole Your Identity?

The thief’s penalty doesn’t repay you automatically. Protect yourself first:

1. Report it at IdentityTheft.gov and file a police report.
2. Freeze your credit at all three bureaus. Our guide covers how to freeze your credit at Equifax, Experian and TransUnion.
3. Place a fraud alert. An extended alert lasts seven years and needs an FTC report or police report.
4. Get an IRS Identity Protection PIN to block tax-return theft.
5. Keep records of every hour and dollar you spend fixing it.

For examples of how big cases ended, see our biggest identity theft cases in history.

Identity Theft Penalty — Frequently Asked Questions

1. What is the penalty for identity theft? 

Federally, up to 5 years in prison, up to 15 if the thief obtains $1,000 or more in a year, plus fines and restitution. State penalties depend on the grade of the offense, from misdemeanor jail terms to felony prison terms.

2. What is the maximum federal penalty for identity theft?

 Up to 30 years if the offense helps an act of terrorism, 20 with a drug, violence or prior-conviction link, and 15 at $1,000 or more in a year. Aggravated identity theft adds a mandatory 2 years, or 5 for terrorism felonies.

3. Is there a mandatory minimum sentence? 

Federally, aggravated identity theft carries a mandatory 2 years, with no probation. Florida adds mandatory minimums of 3, 5 or 10 years at its higher dollar and victim-count tiers, and the judge can’t go below them.

4. How much is the fine for identity theft?

 Federal felony fines go up to $250,000, or twice the gain or loss if higher. Texas allows up to $10,000, Florida up to $5,000 or $10,000, Washington up to $10,000 or $20,000, and Pennsylvania up to $25,000.

5. What is the penalty for identity theft in Texas?

 A state jail felony carries 180 days to 2 years, a third-degree felony 2 to 10, a second-degree felony 2 to 20, and a first-degree felony 5 to 99 years or life. Each allows a fine up to $10,000.

6. What is the penalty for identity theft in Florida? 

A third-degree felony carries up to 5 years and a $5,000 fine. Second degree carries up to 15 years, first degree up to 30, and each can bring a $10,000 fine and a mandatory $1,001 surcharge.

7. Does the thief have to pay the victim back?

 Often, yes. Federal courts must order restitution in covered cases, Florida lets courts include a victim’s attorney’s fees for clearing their credit, and Pennsylvania has a dedicated identity theft restitution provision.

8. Can I sue someone who stole my identity?

 Sometimes. Ohio’s statute includes a civil action under § 2307.60, and Pennsylvania has a civil damages provision. A consumer rights lawyer can tell you whether an identity theft lawsuit makes sense where you live.

Sources Used in This Identity Theft Penalty Article

• U.S. Code — 18 U.S.C. § 1028, Cornell LII: https://www.law.cornell.edu/uscode/text/18/1028
• U.S. Code — 18 U.S.C. § 1028A, Cornell LII: https://www.law.cornell.edu/uscode/text/18/1028A
• U.S. Code — 18 U.S.C. § 3571 (fines), Cornell LII: https://law.cornell.edu/uscode/text/18/3571
• U.S. Department of Justice — plea agreement, U.S. District Court, M.D. Fla., No. 3:19-cr-00046 (Doc. 35, filed Jan. 26, 2022): https://www.justice.gov/usao-mdfl/press-release/file/1466196/download
• Texas Penal Code, Chapter 12 (Punishments): https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm
• Texas Penal Code § 32.51: https://law.justia.com/codes/texas/penal-code/title-7/chapter-32/subchapter-d/section-32-51/
• Florida Statutes, Chapter 775 (2023), Florida Senate: https://www.flsenate.gov/Laws/Statutes/2023/Chapter775/All
• Florida Statutes § 817.568 (2025), Florida Senate: https://www.flsenate.gov/Laws/Statutes/2025/817.568
• Washington — RCW 9A.20.021: https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.20.021
• Washington — RCW 9.35.020: https://app.leg.wa.gov/rcw/default.aspx?cite=9.35.020
• Pennsylvania — 18 Pa.C.S. Chapter 11 (Sections 1101–1107.1): https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.011..HTM
• Pennsylvania — 18 Pa.C.S. § 4120: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.041.020.000..HTM
• New York Penal Law § 70.00: https://law.justia.com/codes/new-york/pen/part-2/title-e/article-70/70-00/
• New York Penal Law §§ 190.78–190.80: https://www.nysenate.gov/legislation/laws/PEN/190.80
• California Penal Code § 530.5: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=530.5
• Ohio Revised Code § 2913.49: https://codes.ohio.gov/ohio-revised-code/section-2913.49

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the U.S. Code and state statutes on September 19, 2026. Last Updated: September 19, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.