FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
My current location:
,
| Change location
North Carolina Identity Theft Laws
More Information on Identity Theft Laws
| Code Section | N.C. Gen. Stat. §§14-113.20 (2000) et seq.; 1-539.2C |
| Classification of Crime/Penalties | Automatic class G felony; if victim suffers arrest, detention, or conviction as a result of the offense: class F felony; restitution may be ordered, including actual losses, lost wages, attorney's fees, and other costs |
| Who May Prosecute | Attorney General may investigate, but shall refer all cases to district attorney of county in which crime occurred |
| Exemptions to Identity Theft Laws | It is not violation of criminal statute to obtain credit information in course of bona fide transaction, lawfully and in good faith exercise a security interest or right of offset as a creditor or financial institution, lawfully comply, in good faith, with any warrant, levy, garnishment, etc. when required to do so |
| Civil Lawsuit Allowed? | Civil action allowed |
| Civil Remedies Available | Civil damages up to the greater of $5,000 per incident of identity theft or 3 times the actual damages; victim may enjoin identity thief from future acts of theft; the court may award reasonable attorney fees to the prevailing party |
| Misc. | Trafficking in stolen identities is a class E felony |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Identity Theft Laws: