Protecting an individual’s financial well being often means implementing plenty of identity theft precautions. However, it also means having plenty of identity theft legislation in place as well. Though there has always been some form of identity theft regulation on the books, a number of laws and guidelines have been renewed, rewritten and reinforced over the last several years. This was done in order to keep up with the changing climate of fraud and to help victims have some form of viable recourse. Because the problem is so widespread, legislation is written in languages that address both individuals and businesses.

Many times, the rights of a victim of identity theft can vary based on their state of residence. However, there are some federal guidelines that are maintained above all others. Identity theft cases are often investigated by the FBI, the United States Postal Inspection Service and even the United States Secret Service.

The following are examples of identity theft legislation that is currently in force:

The 1998 Identity Theft and Assumption Deterrence Act states that it is a crime to intentionally use somebody’s identification with the intent to take part in illegal activities constituting a violation of federal state or local laws.

Section 18 U.S.C. § 1028(a)(7) of the act states that committing such an offense can carry a maximum of 15 years imprisonment, a large fine and the forfeiture of properties used to commit the misdeed.

Any plan to take part in identity theft or fraud can be a violation of statutes such as18 U.S.C. § 1028, 18 U.S.C. § 1029 known as credit card fraud, 18 U.S.C. § 1030 known as computer fraud, 18 U.S.C. § 1341 known as mail fraud or 18 U.S.C. § 1344, known as financial institution fraud. Violating anyone of these statutes is considered a federal offense that carries up to thirty years incarceration. This is in addition to fines and criminal forfeiture.

Under the Identity Theft and Assumption Deterrence Act, the Federal Trade Commission is the party in charge of dealing with grievances of identity theft victims. The FTC will also provide appropriate materials to victims and refer all complaints to the appropriate agencies.

Those using a piece of identification that is issued by the United States and used to defraud the United States or is used in a manner that affects national or international commerce will be in violation of federal law. This is punishable with up to thirty years in a federal prison in addition to fines and criminal forfeiture.

The adequate measure for assessing the proper amount of prison time for violators can be determined by the amount of loss and damage each victim suffered. This includes ongoing troubles, the ruin of their good standing credit wise and any other problems that may have developed. The number of bogus documents in a perpetrator’s possession at the time of arrest will also be a factor.

In addition to these established regulations, there are many other pieces of state and federal legislation introduced on a regular basis for consideration as permanent laws.