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Virginia statute

Va. Code Ann. § 18.2-186.3 — Identity theft; penalty; restitution; victim assistance

Current through 2026 Regular Session

Part of Article 5: False Representations to Obtain Property or Credit, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-186.3

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-186.3Primary source, current through the 2026 Regular Session
A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to: 1. Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person; 3. Obtain identification documents in such other person's name; or 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth. B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to: 1. Fraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person; 2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person; 3. Obtain identification documents in such other person's name; or 4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth. B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation. C. As used in this section, "identifying information" shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver's license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services. D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality. E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information. F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.

Official sources

Legal terms used in this section

Questions this section answers

Is identity theft a felony or a misdemeanor in Virginia?

It depends on the circumstances: identity theft ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-186.3.

Identity theft — base offense: class 1 misdemeanor (Va. Code Ann. § 18.2-186.3D) · Identity theft — financial loss of $1,000 or more: class 6 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — second or subsequent conviction: class 6 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — subsection B, 5 or more persons' information: class 5 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — subsection B, 50 or more persons' information: class 4 felony (Va. Code Ann. § 18.2-186.3D) · Identity theft — resulting in wrongful arrest/detention: class 5 felony (Va. Code Ann. § 18.2-186.3D)

Which Virginia statute covers identity theft?

Identity theft is governed by Va. Code Ann. § 18.2-186.3 (Identity theft; penalty; restitution; victim assistance).

This reference is informational and is not legal advice.