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.
2000, c. 349; 2001, c. 423; 2003, cc. 847, 914, 918; 2004, c. 450; 2006, cc. 455, 496; 2007, c. 441; 2009, cc. 314, 380; 2013, cc. 420, 466; 2018, cc. 764, 765; 2020, cc. 89, 401.
Notes of Decisions
Cited in
43
cases (
15 in the last 5 years), 2002–2026 · leading case:
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
· cites it 217× “2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
· cites it 60× “José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
Gheorghiu v. Com., 701 S.E.2d 407 (Va. 2010).
· cites it 14× “Gheorghiu was indicted and tried in Arlington County upon 57 indictments charging nine counts of identity theft in violation of Code § 18.2-186.3, 36 counts of credit card theft in violation of Code § 18.”
Armstead v. Commonwealth, 695 S.E.2d 561 (Va. Ct. App. 2010).
· cites it 8× “Sitting as factfinder, the trial court rejected Armstead’s testimony and found him guilty of providing false identity information to a law enforcement officer in violation of Code § 18.2-186.3, driving on a suspended or revoked operator’s license (second or subsequent offense)…”
Hinton v. Trans Union, LLC, 654 F. Supp. 2d 440 (E.D. Va. 2009).
· cites it 6× “§§ 1681h, 1681i, 1681j, and 1681m; (ii) violation of Virginia credit reporting laws, namely Va.Code § 18.2-186.3 et seq.; (iii) a claim for unspecified injunctive relief; and (iv) a request for an order directing defendants to “[a]ccept and act on all communications from…”
Gheorghiu v. Commonwealth, 671 S.E.2d 407 (Va. Ct. App. 2009).
· cites it 115× “2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
Jose Salazar v. Merrick Garland, 56 F.4th 374 (4th Cir. 2023).
· cites it 8× “Va. Code Ann. § 18.2-186.3 (A)(2). On appeal, Salazar contends the statute could be—and in his case, was—applied to crimes that don’t involve moral turpitude.”
Atkins v. Commonwealth, 678 S.E.2d 834 (Va. Ct. App. 2009).
· cites it 2× “1 (giving false identity to law-enforcement officer) and Code § 18.2-186.3 (use of identity information of another person, whether false or fictitious, to avoid summons, arrest, prosecution or to impede a criminal investigation).”
State v. Mayze, 622 S.E.2d 836 (Ga. 2005).
· cites it 2× “1953 § 76-1-201 (7)); Virginia ( Va. Code Ann. § 18.2-186.3 (D)); Washington (West’s RCWA § 9.”
Kelso v. Com., 710 S.E.2d 470 (Va. 2011).
· cites it 2× “1 (offenses relating to credit cards, such as theft, forgery, fraud, and unauthorized possession); Code § 18.2-186.3(D) (identity theft); Code § 18.”
Crystal Gail Ramsey v. Commonwealth of Virginia, 780 S.E.2d 624 (Va. Ct. App. 2015).
“5(A), [a] person is guilty of the crime of computer invasion of privacy when he uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or identifying information, as defined in clauses (iii) through…”
GHEORGHIU v. Commonwealth, 53 Va. App. 519 (Va. Ct. App. 2009).
· cites it 60× “2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(A) — 3 cases
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
Gheorghiu v. Commonwealth, 671 S.E.2d 407 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
GHEORGHIU v. Commonwealth, 53 Va. App. 519 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(A)(1) — 2 cases
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
“José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
— Va. Code Ann. § 18.2-186.3(A)(2) — 7 cases
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
“José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(B1) — 6 cases
— Va. Code Ann. § 18.2-186.3(C) — 6 cases
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
“José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
Gheorghiu v. Commonwealth, 671 S.E.2d 407 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(C)(v) — 1 case
— Va. Code Ann. § 18.2-186.3(C)(vi) — 3 cases
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
Gheorghiu v. Commonwealth, 671 S.E.2d 407 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
GHEORGHIU v. Commonwealth, 53 Va. App. 519 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(C)(xii) — 1 case
— Va. Code Ann. § 18.2-186.3(D) — 12 cases
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
“José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
Gheorghiu v. Com., 701 S.E.2d 407 (Va. 2010).
“Gheorghiu was indicted and tried in Arlington County upon 57 indictments charging nine counts of identity theft in violation of Code § 18.2-186.3, 36 counts of credit card theft in violation of Code § 18.”
Kelso v. Com., 710 S.E.2d 470 (Va. 2011).
“1 (offenses relating to credit cards, such as theft, forgery, fraud, and unauthorized possession); Code § 18.2-186.3(D) (identity theft); Code § 18.”
Gheorghiu v. Commonwealth, 671 S.E.2d 407 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243 and CR05-1247 through CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
— Va. Code Ann. § 18.2-186.3(E) — 2 cases
Gheorghiu v. Commonwealth, 682 S.E.2d 50 (Va. Ct. App. 2009).
“2-193 (case numbers CR06-441 through CR06-448); five counts of identity theft, in violation of Code § 18.2-186.3 (case numbers CR05-1241 through CR05-1243, CR05-1247, and CR05-1248); three counts of credit card fraud, in violation of Code § 18.”
José Rafael Salazar v. Commonwealth of Virginia, 789 S.E.2d 779 (Va. Ct. App. 2016).
“José Rafael Salazar, appellant, was convicted in a bench trial of felony identity theft 1 in violation of Code § 18.2-186.3. On appeal, appellant argues the evidence was insufficient to establish all of the elements of the offense and that, even if the offense had been proven,…”
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