What counts as 'identifying information' under § 4120?

The statute covers things like a name, Social Security number, date of birth, driver's license number, and account numbers — essentially the information someone would need to open an account, obtain benefits, or impersonate another person for an unlawful purpose.

Is identity theft always a felony in Pennsylvania?

No. It's a misdemeanor of the first degree where the value involved is under $2,000, and a felony of the third degree where the value is $2,000 or more or the offense was part of a conspiracy — though the grading can be enhanced further if the victim was under 18 or 60 or older.

Can I be charged for using a family member's information with their permission?

Section 4120 requires use of the information without the other person's consent, so genuine authorization — even informal, family arrangements — is directly relevant to whether the elements are met.

Why am I also charged with forgery or theft by deception for the same conduct?

Identity theft, forgery under § 4101, theft by deception under § 3922, and access device fraud under § 4106 frequently overlap because the same underlying transaction can satisfy more than one statute; prosecutors often file several counts arising from one course of conduct.

Does it matter how the alleged victim's information was obtained?

Yes. How the information was obtained can affect both the strength of the identification evidence against you and whether other charges, like accessing a computer system without authorization, are also implicated.

Can identity theft charges be resolved through a diversion program?

In some cases, yes. Accelerated Rehabilitative Disposition or another diversion program may be available depending on the county, the grading, and the person's record, and completing it along with restitution can avoid a conviction altogether.

Can an identity theft conviction be expunged later?

It depends on the grading and disposition. Misdemeanor convictions may become eligible for sealing or expungement under §§ 9122 and 9122.1 depending on how much time has passed and the outcome, which is worth evaluating even years after the case closes.

What if the value the Commonwealth is claiming seems inflated?

Because grading depends directly on the dollar value attributed to the offense, contesting how that number was calculated — including any improper aggregation across transactions or time periods — can move the case from felony to misdemeanor exposure.

Theft & Property Crimes · Identity Theft

A single opened credit card or unemployment claim in someone else's name can become a felony identity theft charge.

Identity theft under § 4120 doesn't require hacking or a sophisticated scheme. It covers possessing, using, or transferring someone else's name, Social Security number, date of birth, or other identifying information to obtain money, credit, goods, services, or anything else of value — or simply to avoid identification, apprehension, or prosecution. That definition sweeps in a lot of conduct that started as something smaller: using a family member's information to open a phone or utility account, filing for unemployment benefits under a former employer's records, or providing someone else's identifying information during a traffic stop. The Commonwealth builds these cases on financial records, IP addresses, account applications, and victim statements, and grading depends heavily on the total dollar value the Commonwealth attributes to the conduct and whether the alleged victim is under 18 or 60 or older. I handle identity theft charges across Cumberland, Dauphin, York, and Adams counties, and because these cases often involve stacked charges — forgery, access device fraud, theft by deception — an early, coordinated defense across all of them matters.

(717) 724-7503 Schedule a consultation

How Pennsylvania handles it

Identity Theft Under 18 Pa.C.S. § 4120 in Pennsylvania.

Section 4120 makes it a crime to possess or use identifying information of another person, without their consent, to further any unlawful purpose. The grading turns on the total value obtained or intended: the offense is a misdemeanor of the first degree where the value involved is under $2,000, and a felony of the third degree where the value is $2,000 or more or where the offense was committed in the course of a criminal conspiracy. Grading is enhanced one degree above what the value alone would otherwise support where the victim is under 18 or 60 years of age or older, which turns a number of cases involving a parent's or grandparent's information into felony exposure even at modest dollar amounts. Because § 4120 overlaps heavily with theft by deception under § 3922, forgery under § 4101, and access device fraud under § 4106, the same underlying conduct is frequently charged under more than one statute, and sentencing under §§ 1103 and 1104 is what ultimately caps the exposure once a grading is established.

Statute: 18 Pa.C.S. § 4120[1][2]

Defenses & record relief

Many identity theft cases involve a family member's or former partner's information rather than a stranger's, and Accelerated Rehabilitative Disposition or another diversion program, paired with restitution and later expungement under § 9122, can matter as much as fighting the underlying facts.

theft vs. robbery · expungement lawyer · preliminary hearing lawyer

Identity Theft Under 18 Pa.C.S. § 4120: orders, grading, and maximum exposure under 18 Pa.C.S. § 4120
Order, offense & grading	Maximum exposure
§ 4120 — value under $2,000 Applies where the total value the Commonwealth attributes to the identifying-information misuse is under $2,000.	Misdemeanor of the first degree, up to 5 years under § 1104
§ 4120 — value $2,000 or more, or as part of a conspiracy Applies once the value crosses $2,000 or where the conduct was carried out as part of a criminal conspiracy with others.	Felony of the third degree, up to 7 years under § 1103
Victim under 18 or 60 or older A misdemeanor of the first degree case can become a felony, and a third-degree felony can become a higher felony, based solely on the victim's age.	Grading enhanced one degree above the value-based grade
Overlap with theft by deception (§ 3922) Where identifying information was used to obtain property or services by deception, the same facts can support both an identity theft and a theft by deception charge.	Separate count possible for the same transaction
Overlap with access device fraud (§ 4106) or forgery (§ 4101) Using a stolen identity to open or use a credit account, or to sign someone else's name to a document, frequently generates parallel charges under those statutes.	Additional counts commonly filed together
Multiple victims or transactions Where a person's information was used repeatedly, or multiple victims' information was used, the Commonwealth can aggregate value or file multiple counts.	Value and counts can aggregate across a course of conduct

Statutory maximums are ceilings, not expected outcomes. In property-crime cases the number in the affidavit — the alleged value, the alleged prior offenses, the alleged entry — usually decides the grade long before anyone talks about a sentence.

Jurisdiction & court process

Where a identity theft matter is heard.

Magisterial district court — arraignment and preliminary hearing

Identity theft charges in Cumberland, Dauphin, York, and Adams counties start with a preliminary arraignment before a magisterial district judge, followed by a preliminary hearing where the Commonwealth has to show a prima facie case, including evidence connecting the defendant to the account, application, or transaction at issue. Contesting identification at this stage — was it actually this person, not just this person's household or IP address — is often the first real opportunity to test the case.

Common Pleas practice in Dauphin, Cumberland, York, and Adams counties

Felony-graded § 4120 cases proceed to the Court of Common Pleas in the county where the charge was filed. Each county's DA's office handles financial-crime cases somewhat differently in terms of pretrial diversion eligibility and negotiated grading, so local practice in Dauphin, Cumberland, York, and Adams counties shapes what a realistic resolution looks like.

Aggregation and venue across multiple transactions

Where identifying information was used in more than one county — an account opened online but accessed or used from a different location, or purchases made in several jurisdictions — venue and aggregation questions can affect where the case is filed and how the total value is calculated for grading purposes.

Federal overlap for larger or interstate schemes

Identity theft schemes that cross state lines, involve mail or wire transmission, or target federal programs like unemployment insurance or the IRS can draw federal attention under separate federal identity-theft and wire-fraud statutes, in addition to or instead of a state § 4120 charge. Knowing whether a case is purely local or has federal exposure changes the strategy from the start.

How we handle identity theft matters.

Contest consent and lack of authorization
Section 4120 requires that the identifying information was used without the other person's consent; where a family member, spouse, or business partner authorized the use of their information, even informally, that consent can defeat the charge.
Challenge identification of the actual user
Because these cases are often built on account records, IP addresses, and shared devices, proving who actually entered the information — as opposed to who owned the phone or computer — is frequently the central issue.
Attack the value calculation underlying the grading
The dollar value the Commonwealth attributes to the offense determines whether it's a misdemeanor or felony; disputing what should count, and whether amounts were properly aggregated, can change the grading outcome.
Dispute the age-enhancement basis
Where grading was enhanced because the alleged victim was under 18 or 60 or older, confirming that fact and how it was established is worth doing rather than assuming the enhancement applies automatically.
Suppress evidence from an unlawful search of devices or accounts
Where the case relies on a phone, computer, or financial account records obtained through a warrant or subpoena, challenging the scope or basis of that search can remove key evidence.
Negotiate around overlapping charges
Where the same conduct is charged under § 4120, § 3922, and § 4106 simultaneously, resolving the case as a single, appropriately graded offense rather than allowing all the counts to stack is often the realistic goal.

Where we appear

Theft & property crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other theft & property crime guides.

FAQ

Frequently asked questions.

Common questions about identity theft in Pennsylvania — procedure, consequences, and the defenses that actually matter.

The statute covers things like a name, Social Security number, date of birth, driver's license number, and account numbers — essentially the information someone would need to open an account, obtain benefits, or impersonate another person for an unlawful purpose.
No. It's a misdemeanor of the first degree where the value involved is under $2,000, and a felony of the third degree where the value is $2,000 or more or the offense was part of a conspiracy — though the grading can be enhanced further if the victim was under 18 or 60 or older.
Section 4120 requires use of the information without the other person's consent, so genuine authorization — even informal, family arrangements — is directly relevant to whether the elements are met.
Identity theft, forgery under § 4101, theft by deception under § 3922, and access device fraud under § 4106 frequently overlap because the same underlying transaction can satisfy more than one statute; prosecutors often file several counts arising from one course of conduct.
Yes. How the information was obtained can affect both the strength of the identification evidence against you and whether other charges, like accessing a computer system without authorization, are also implicated.
In some cases, yes. Accelerated Rehabilitative Disposition or another diversion program may be available depending on the county, the grading, and the person's record, and completing it along with restitution can avoid a conviction altogether.
It depends on the grading and disposition. Misdemeanor convictions may become eligible for sealing or expungement under §§ 9122 and 9122.1 depending on how much time has passed and the outcome, which is worth evaluating even years after the case closes.
Because grading depends directly on the dollar value attributed to the offense, contesting how that number was calculated — including any improper aggregation across transactions or time periods — can move the case from felony to misdemeanor exposure.

[1]18 Pa.C.S. § 4120 — Identity theft — M1 where the total value is under $2,000; F3 for $2,000 or more or where the offense is part of a criminal conspiracy; grading is enhanced one degree where the victim is under 18 or 60 or older.
[2]18 Pa.C.S. § 3922 — Theft by deception — obtaining property by creating or reinforcing a false impression. Graded under § 3903.
[3]18 Pa.C.S. § 4106 — Access device fraud — grading turns on the value obtained: F3 for $500 or more, M1 for $50 to under $500, M2 under $50; possession of a counterfeit or unlawfully obtained device is separately chargeable.
[4]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[5]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

Free Consultation

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.