By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law

N. Cate Law defends theft and property crime charges in Nashville across Davidson County and Middle Tennessee. Free consultation: (615) 664-8083.

A woman in Davidson County discovered that someone had used her Social Security number to open three credit card accounts, run up more than twelve thousand dollars in charges, and apply for a car loan at a dealership in Antioch. The accounts had been open for months before she noticed. The person who opened them was her former roommate.

A man in Rutherford County was arrested after police traced a string of fraudulent purchases to a debit card number he had copied from a coworker’s wallet during a break at work. He had used the number to buy electronics online and have them shipped to a vacant house on his street.

A college student in Williamson County was charged after using a classmate’s personal information to create a fake ID, which she then used to open a bank account and deposit forged checks.

Each of these scenarios resulted in felony identity theft charges under Tennessee law. Identity theft is not a minor fraud offense. Under T.C.A. 39-14-150, it is a Class D felony for a first offense, carrying two to twelve years in prison. When the conduct involves trafficking in stolen identities, the charge elevates to a Class C felony with three to fifteen years. And because identity theft cases often involve multiple victims, multiple transactions, and overlapping fraud statutes, a single investigation can produce a multi-count indictment with compounding penalties.

I have defended clients in Davidson County, Williamson County, Rutherford County, Sumner County, and Wilson County facing identity theft charges that ranged from a single unauthorized use of a credit card number to organized schemes involving dozens of victims. Here is how these charges work under Tennessee law, what the State has to prove, and where the defense opportunities exist.

The Tennessee Identity Theft Statute: T.C.A. 39-14-150

Tennessee’s primary identity theft statute is T.C.A. 39-14-150. The statute defines the offense broadly and covers a wide range of conduct.

Elements of Identity Theft

Under subsection (a), a person commits identity theft who knowingly obtains, possesses, buys, or uses the personal identifying information of another person with the intent to commit any unlawful act, including but not limited to obtaining or attempting to obtain credit, goods, services, money, or any other property.

The statute breaks down into four elements the State must prove beyond a reasonable doubt:

Knowingly — the defendant acted with awareness of what they were doing, not through accident or mistake
Obtained, possessed, bought, or used — any one of these actions satisfies the element; the defendant does not have to use the information successfully
Personal identifying information of another person — defined broadly under the statute
With intent to commit any unlawful act — the defendant intended to use the information for an illegal purpose

The “intent to commit any unlawful act” language is important. The State does not have to prove that the defendant successfully defrauded anyone. Possessing someone else’s identifying information with the intent to use it illegally is enough to complete the offense. A person caught with a notebook full of stolen Social Security numbers can be charged even if they never opened a single account.

What Counts as Personal Identifying Information

T.C.A. 39-14-150(b) defines “personal identifying information” to include:

Social Security numbers
Driver’s license numbers
Checking account numbers and savings account numbers
Credit card numbers and debit card numbers
Personal identification numbers (PINs)
Electronic identification numbers and digital signatures
Biometric data, including fingerprints, voice prints, and retina or iris images
Telecommunication identifying information or access devices
Any other numbers or information that can be used to access a person’s financial resources

The list is deliberately broad and includes a catch-all provision. Courts have interpreted “any other numbers or information” to cover login credentials, security question answers, email passwords used for account recovery, and even date-of-birth-plus-address combinations when used to impersonate someone for financial access.

Penalty: Class D Felony

A violation of T.C.A. 39-14-150 is a Class D felony. Under Tennessee’s sentencing structure, a Class D felony carries:

Range I (standard offender): 2 to 4 years
Range II (multiple offender): 4 to 8 years
Range III (persistent offender): 8 to 12 years
Fine: up to $5,000

Because identity theft convictions often accompany other fraud charges — forgery, criminal simulation, theft of services, credit card fraud — the total exposure in a multi-count case can be substantially higher than the single-count range.

Trafficking in Stolen Identities: The Class C Felony Enhancement

T.C.A. 39-14-150(e) creates an enhanced offense for trafficking in stolen identities. A person commits this offense who sells, transfers, or purchases the personal identifying information of another with the knowledge or intent that the information will be used to commit identity theft.

This subsection targets the supply chain behind identity theft operations. The person who steals a database of credit card numbers from a retail breach and sells them online commits trafficking even if they never personally use a single number. The person who buys a batch of Social Security numbers on a dark web marketplace commits trafficking by the act of purchase itself.

Trafficking in stolen identities is a Class C felony, carrying:

Range I: 3 to 6 years
Range II: 6 to 10 years
Range III: 10 to 15 years
Fine: up to $10,000

The trafficking enhancement applies to both sellers and buyers. A person who purchases stolen identities for personal use — not for resale — still commits trafficking under the statute because the purchase was made with intent that the information be used for identity theft.

Enhanced Penalties for Vulnerable Victims

Tennessee law provides penalty enhancements when identity theft targets certain categories of victims. Under T.C.A. 39-14-150(d), if the victim of identity theft is an elderly adult (65 or older) or a person with a disability, the offense classification is enhanced by one level. A standard Class D felony identity theft becomes a Class C felony when the victim is elderly or disabled.

This enhancement reflects the particular vulnerability of these populations and the disproportionate harm they suffer. An elderly person whose identity is stolen may have difficulty navigating the process of disputing fraudulent accounts, restoring credit, and recovering funds. A person with cognitive disabilities may not discover the theft for months or years.

The enhancement also reflects how frequently identity theft targets these populations. Cases involving caretakers, home health aides, or family members who exploit access to an elderly person’s financial information are common in Tennessee courts. The caretaker who uses a nursing home resident’s Social Security number to open a credit card faces an enhanced felony, not a standard one.

Restitution: The Financial Consequence Beyond Prison

Identity theft convictions almost always include a restitution order. Under T.C.A. 40-35-304, the court must order the defendant to pay restitution to the victim for actual losses sustained as a result of the offense. In identity theft cases, restitution can include:

The dollar amount of fraudulent charges, withdrawals, or purchases
Fees the victim incurred to close accounts, open new ones, and obtain new identification documents
Credit monitoring costs
Lost wages from time spent resolving the fraud
Attorney fees the victim paid to address the financial damage
Costs of filing police reports and disputing fraudulent accounts

Restitution is a mandatory component of sentencing. The court has some discretion in setting a payment schedule, but the obligation itself is not optional. In cases with multiple victims or high dollar amounts, restitution orders can total tens of thousands of dollars, payable over the term of supervision and sometimes beyond.

Failure to pay court-ordered restitution can result in probation violations and additional jail time. The financial tail of an identity theft conviction often extends years after the criminal case is resolved.

Related Charges That Often Accompany Identity Theft

Identity theft investigations rarely produce a single charge. The conduct that constitutes identity theft usually also satisfies the elements of several other offenses, and prosecutors in Tennessee routinely stack charges.

Forgery (T.C.A. 39-14-114)

Forgery involves making, completing, executing, authenticating, issuing, or transferring a writing so that it purports to be the act of another who did not authorize it. When a defendant uses stolen identifying information to sign documents, complete credit applications, or create identification cards, forgery charges typically accompany the identity theft charge. Forgery is a Class E felony for most documents, elevated to Class C for certain instruments.

Criminal Simulation (T.C.A. 39-14-115)

Criminal simulation covers creating or altering objects so they appear to have value or authenticity they do not possess. Manufacturing a fake driver’s license, creating a counterfeit credit card, or producing fraudulent identification documents can all be charged as criminal simulation alongside identity theft. The classification depends on the value involved.

Theft of Property (T.C.A. 39-14-103)

When identity theft results in the actual acquisition of money, goods, or services, the State can charge theft of property based on the value obtained. The classification scales with the dollar amount — from a Class A misdemeanor for theft under $1,000 to a Class A felony for theft over $250,000. In large-scale identity theft operations, the aggregated theft charges can carry more prison time than the identity theft charge itself.

Credit Card Fraud (T.C.A. 39-14-118)

Using a stolen or fraudulently obtained credit card to purchase goods, services, or cash is a separate offense. Credit card fraud carries its own penalty structure and is frequently charged alongside identity theft when the stolen identifying information was used to obtain or use credit cards.

Federal Overlap

Federal law also criminalizes identity theft under 18 U.S.C. 1028 and 1028A. However, the vast majority of identity theft cases in Tennessee are prosecuted in state court. Federal prosecution typically occurs when the scheme crosses state lines, involves large numbers of victims across multiple jurisdictions, targets federal programs or institutions, or involves organized criminal enterprises. For most single-victim or local schemes, Tennessee state charges under T.C.A. 39-14-150 are the relevant statutes.

Digital Evidence in Identity Theft Cases

Identity theft prosecutions are built almost entirely on digital and documentary evidence. Understanding the evidence categories is essential for evaluating the strength of the State’s case and identifying defense opportunities.

Electronic Records

Internet protocol (IP) address logs, device identifiers, browser history, email correspondence, and metadata from electronic transactions form the backbone of most identity theft investigations. Law enforcement obtains these records through subpoenas to internet service providers, email providers, financial institutions, and online retailers. The records establish which device accessed which account, from which location, at which time.

The accuracy of IP-to-person attribution is a frequent point of contention. An IP address identifies a connection point, not a person. Multiple people may use the same internet connection. Public WiFi networks, VPNs, and shared computers create attribution gaps that the defense can exploit.

Financial Records

Bank statements, credit card transaction histories, account opening documents, and loan applications provide the transactional record of the alleged fraud. These records show what was obtained, when, and through which account. The State uses them to establish both the identity theft itself and the dollar amount for restitution and theft grading purposes.

Physical Evidence

In cases involving manufactured identification documents, counterfeit cards, or physical possession of stolen mail, physical evidence supplements the digital record. Computers, printers, card-making equipment, blank card stock, and lists of stolen information recovered during searches are standard evidence in identity theft prosecutions.

Fourth Amendment Considerations

Because identity theft investigations rely heavily on electronic evidence, Fourth Amendment search and seizure issues arise frequently. Law enforcement must either obtain a warrant or establish an applicable exception before searching computers, phones, and electronic storage devices. The Supreme Court’s decision in Riley v. California (2014) requires a warrant for cell phone searches incident to arrest, and Carpenter v. United States (2018) extended warrant requirements to historical cell-site location information. When police seize electronic devices during an identity theft investigation, the scope of the search warrant and the procedures used to examine the devices are common areas of defense challenge.

Defenses to Identity Theft Charges

The available defenses depend on the specific facts of the case, but several defense strategies apply across the range of identity theft prosecutions.

Lack of Knowledge

The statute requires that the defendant knowingly used another person’s identifying information. If the defendant did not know the information belonged to someone else — for example, if they received a credit card in the mail addressed to a prior tenant and used it without realizing it was not theirs — the knowledge element may not be satisfied. The defense must show that the defendant’s lack of awareness was genuine, not willful blindness.

Lack of Intent

Possessing someone else’s identifying information is not a crime by itself. The statute requires intent to commit an unlawful act. A person who possesses a coworker’s Social Security number because it appeared on a shared document at work has not committed identity theft absent evidence of intent to use it illegally. The State bears the burden of proving intent beyond a reasonable doubt, and possession alone does not satisfy that burden.

Authorization

If the defendant had actual or apparent permission to use the identifying information, the conduct is not identity theft. Joint account holders, authorized users on credit cards, and family members with power of attorney have legal authority to use certain identifying information. The question is whether the scope of the authorization covered the specific use at issue. A person authorized to use a parent’s credit card for groceries who instead uses it to buy concert tickets has arguably exceeded the authorization — but whether that exceeds it enough to constitute identity theft rather than a civil dispute is a viable defense question.

Misidentification and Attribution Errors

In cases built on digital evidence, the question of who was behind the keyboard is often the central issue. IP addresses identify connections, not people. Shared computers, shared accounts, compromised credentials, and remote access software can all create situations where the wrong person is blamed for someone else’s conduct. If the State cannot establish beyond a reasonable doubt that the defendant — and not someone else with access to the same device or network — committed the acts, the case fails.

Suppression of Evidence

When law enforcement obtains evidence through unlawful searches — searching a computer without a warrant, exceeding the scope of a warrant, or conducting a search based on an invalid warrant — the defense can file a motion to suppress that evidence. In identity theft cases, where the entire prosecution may rest on electronic records obtained through a single search, successful suppression can dismantle the State’s case entirely.

Diversion Eligibility

For first-time offenders, pretrial or judicial diversion may be available. Under T.C.A. 40-15-105 (pretrial diversion) and T.C.A. 40-35-313 (judicial diversion), eligible defendants can have their charges dismissed after completing a period of supervision and satisfying conditions that typically include full restitution. Diversion avoids a felony conviction on the defendant’s record, which is particularly important given the collateral consequences of a fraud conviction on employment and professional licensing.

How Identity Theft Cases Proceed in Tennessee Courts

Identity theft cases follow the standard felony procedure in Tennessee, with some practical differences driven by the evidence-heavy nature of the charge.

Investigation and Arrest

Most identity theft investigations begin with a victim report to local police or the Federal Trade Commission. Local law enforcement investigates, often requesting records from financial institutions, internet service providers, and retailers. In complex cases, the Tennessee Bureau of Investigation (TBI) or the U.S. Secret Service (which handles financial crimes) may assist. The investigation may take weeks or months before an arrest or grand jury indictment.

Bond and Pretrial Conditions

At bond hearings, identity theft defendants may face conditions restricting computer and internet access. Courts have imposed conditions requiring defendants to surrender devices, refrain from online activity, or submit to monitoring of electronic communications. These conditions can be challenged as overbroad, particularly when the defendant needs computer access for employment.

Discovery and Evidence Review

The discovery phase in identity theft cases is often extensive. The State may produce thousands of pages of financial records, transaction logs, and electronic communications. Defense review of this material is critical — inconsistencies in the records, gaps in the chain of custody, and errors in the forensic analysis of electronic devices can provide the basis for defense challenges at trial or in pretrial motions.

Resolution

Many identity theft cases resolve through negotiated pleas, particularly when the evidence of the defendant’s involvement is strong and the primary question is sentencing exposure. Plea negotiations in identity theft cases typically focus on the number of counts, the applicable sentencing range, the restitution amount, and whether diversion is available. In cases where the evidence is weak on attribution or where search and seizure issues threaten the State’s evidence, trial may be the better option.

Frequently Asked Questions

Is identity theft a felony in Tennessee?

Yes. Under T.C.A. 39-14-150, identity theft is a Class D felony, carrying 2 to 12 years in prison depending on the defendant’s prior record. If the victim is elderly or disabled, the charge is enhanced to a Class C felony with 3 to 15 years. Trafficking in stolen identities under subsection (e) is also a Class C felony. There is no misdemeanor version of identity theft in Tennessee — any charge under this statute is a felony.

What is the difference between identity theft and credit card fraud?

Identity theft under T.C.A. 39-14-150 covers the broader offense of using someone else’s personal identifying information with intent to commit any unlawful act. Credit card fraud under T.C.A. 39-14-118 specifically addresses the unauthorized use of a credit or debit card to obtain money, goods, or services. The two charges often overlap — a person who steals someone’s identity to obtain a credit card and then uses that card commits both offenses. Prosecutors frequently charge both, which means separate convictions and potentially consecutive sentences.

Can I be charged with identity theft if I did not make any purchases?

Yes. The statute criminalizes knowingly obtaining, possessing, buying, or using another person’s identifying information with intent to commit an unlawful act. The offense is complete at the point of possession with intent. The State does not have to prove that you made any purchase, opened any account, or obtained anything of value. Possessing a list of stolen Social Security numbers with the intent to use them is enough to support a charge.

Will I have to pay back the money in an identity theft case?

Yes. Tennessee law requires courts to order restitution in identity theft cases. Restitution covers the victim’s actual losses, including fraudulent charges, fees for closing and opening accounts, credit monitoring costs, and lost wages from time spent resolving the fraud. The amount is determined at sentencing based on documentation the victim provides. Restitution is mandatory, not discretionary, and failure to pay can result in probation violations.

Can identity theft charges be expunged in Tennessee?

If the case is resolved through pretrial or judicial diversion and the defendant successfully completes the diversion period, the charges can be dismissed and the record expunged. If the case results in a felony conviction, expungement is available only for certain qualifying offenses under T.C.A. 40-32-107. Class D felony identity theft may qualify for expungement if the defendant meets the statutory requirements, including a ten-year waiting period after sentence completion and no later conviction for an offense that is ineligible for expungement. The expungement process is not automatic — it requires a separate petition and court approval.

Talk to a Criminal Defense Lawyer

Identity theft charges carry serious prison time, mandatory restitution, and a felony record that affects employment, housing, and professional licensing long after the sentence is served. The cases are evidence-intensive, and the defense opportunities — challenging digital attribution, suppressing illegally obtained evidence, negotiating charge reduction or diversion — require a lawyer who understands both the technology and the law.

Nathan Cate is a Nashville criminal defense attorney and court-qualified criminal defense expert witness who has represented clients facing identity theft and fraud charges throughout Middle Tennessee — Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, and Maury County.

Call (615) 664-8083 or visit the office at 222 2nd Avenue North, Suite 220, Nashville, TN 37201.

This blog post is for informational purposes only and does not constitute legal advice. Every case is different. If you are facing criminal charges, consult with a qualified attorney about your specific situation.