570.223. Identity theft — penalty — restitution — other civil remedies available — exempted activities
It’s illegal to use someone else’s personal information to steal or trick people
If you knowingly use someone else’s identity without permission to get money, goods, or services, you can be charged with identity theft in Missouri. You can face serious criminal penalties, be forced to pay restitution, and even face civil lawsuits.
1. A person breaks this law by knowingly using or trying to use someone else’s identity without permission to trick or defraud anyone.
2. Penalties depend on the value stolen:
- Class B misdemeanor: If no money or property is taken.
- Class A misdemeanor: If the stolen value is $750 or less.
- Class D felony: If the value is over $750 but not more than $25,000.
- Class C felony: If the value is over $25,000 but not more than $75,000.
- Class B felony: If the value is over $75,000.
3. Courts can order the person to pay the victim back for:
- Fixing their credit history or score.
- Any court or legal fees they had to pay because of the fraud.
4. Victims can sue for up to $5,000 per incident or 3 times the actual damages (whichever is more), and may also get attorney fees paid.
5. If the victim has died, their estate can still sue for damages.
6. Victims have 5 years from discovering the theft to file a lawsuit.
7. You can sue under this law even if there’s no criminal case filed.
8. This law does not apply to people who:
- Use a fake ID just to buy alcohol or tobacco, or enter age-restricted places.
- Get someone’s identity info as part of a normal purchase or business deal.
- Act in good faith to collect a legal debt or follow a legal order.
- Are legally allowed to do what they did.
9. If someone has a prior identity theft conviction and steals less than $750 again, it’s still a felony (class E).
10. If multiple acts of identity theft are part of a single plan or scheme, their values can be added up and treated as one crime.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
