Is Using Someone Else’s Social Security Number Legally Considered Identity Theft?

Using someone else's Social Security number is not only illegal but also considered identity theft and can result in felony charges. This article explores the legal implications and the different scenarios under which using a Social Security number can be prosecuted.

Legal Implications and Charges

Using another person's Social Security number to report income or collect benefits is categorized as fraud. According to the example provided, if an individual such as your friend had someone using his Social Security number for five years, the IRS helped him track down and apprehend the perpetrator. The individual who stole the Social Security number and engaged in impersonation was ultimately sentenced to five years in prison. The charge is even more severe if the person using the number was working with the individual and had taken various identity documents. This scenario is not just an issue of identity theft; it also falls under impersonation of a third person, collecting benefits, and fraud. If the person knew about the intention to misreport income or benefits, they could face additional charges such as “Conspiracy to aid and abet fraud and deception.” Similarly, if the employer was aware, they could also be sued for aiding and abetting fraud.

Consent and Legal Uses

It's important to note that there are very few legal uses for someone else's Social Security number, and all of these require explicit consent from the individual whose number is being used. For instance, running a credit check through someone else’s Social Security number is generally allowed. However, if you use the Social Security number for employment verification or to apply for credit without permission, you would be committing identity theft.

Factors in Determining Legality

The legality of using someone else’s Social Security number can depend on multiple factors, including: Intention: Why did the person use the Social Security number? Consequences: What did the person do with the number? Motivation: What was the underlying motivation?

Preventing and Addressing Identity Theft

To prevent identity theft, it's crucial to secure your Social Security number and other personal information. Here are some steps you can take: Ensure that your Social Security card is not lost or stolen. Be cautious about sharing your Social Security number and other sensitive information. Monitor your financial statements and report any suspicious activity immediately. Secure your personal information online and use strong passwords. File a report with the Federal Trade Commission (FTC) if you suspect identity theft.

Conclusion

Using someone else’s Social Security number is a serious offense and can result in significant legal consequences. It's essential to understand the legal implications and take necessary precautions to protect your personal information. If you believe your Social Security number has been misused, seeking legal advice is crucial.

Related Keywords

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