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North Carolina

Code Section
N.C. Gen. Stat. ยงยง14-113.20 (2000) et seq.; 1-539.2C

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
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 Action
Civil action allowed

Civil Remedies
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


Inside North Carolina