Identity Theft Charges in South Carolina: How to Fight Back

Identity theft charges in South Carolina are a felony, even for a first offense, carrying up to 10 years in prison, fines set at the court’s discretion, and mandatory restitution. The charge falls under the Financial Identity Fraud and Identity Theft Protection Act, and prosecutors can bring it based on how another person’s personal information was used, not just on how much money changed hands.

But a charge is not a conviction, and these cases often turn on intent, authorization, and whether the state can actually tie the information to you.

What Is Identity Theft Under South Carolina Law?

The offense is defined at Section 16-13-510 of the state code, which covers two related crimes:

• Financial identity fraud: using or obtaining another person’s identifying information, without permission, to access or attempt to access their financial resources
• Identity fraud: using another person’s identifying information to obtain employment or to avoid being identified by law enforcement

“Identifying information” is broad. It includes Social Security numbers, driver’s license numbers, financial account and credit or debit card numbers, passwords, and other data that can access someone’s accounts or identify them.

The key element the state must prove is intent: that you knowingly and willfully used the information without authorization.

What Are the Penalties for Identity Theft?

Both financial identity fraud and identity fraud are felonies. A conviction under Section 16-13-510 carries:

• Imprisonment for up to 10 years
• A fine set at the court’s discretion
• Restitution to the victim, which can cover stolen funds and the costs the victim paid to fix the damage, such as account closure fees

Unlike some property crimes, the statute does not drop to a misdemeanor for small amounts. Even a first offense is charged as a felony, which is why treating it as minor is a costly mistake. A felony conviction can also affect employment, professional licenses, and other parts of your life long after any sentence ends.

Where Can You Be Charged?

South Carolina wrote this law to reach across county and state lines. Under Section 16-13-510, a case can be prosecuted in the county where the victim lived when the information was taken or used. The statute also makes clear that it is not a defense that some of the acts happened outside South Carolina or in a different jurisdiction. In other words, the state can pursue the case even when parts of the alleged conduct occurred elsewhere.

Identity theft can also be charged federally under separate laws, which can carry heavier penalties, including a mandatory added sentence for aggravated identity theft. Whether a case stays in state court or moves to federal court affects strategy significantly.

How Do You Fight an Identity Theft Charge?

Because the state has to prove you knowingly used someone’s information without authorization, many defenses focus on exactly those points. Depending on the facts, a defense may argue:

• No criminal intent. You believed you had permission, or there was a genuine misunderstanding about authorization.
• You had authorization. The account holder gave you access, which undercuts the “without permission” element.
• Mistaken identity. Someone else used the information or the device, and the state is pointing at the wrong person.
• Insufficient evidence. The state cannot actually connect you to the use of the information.
• Unlawfully obtained evidence. Devices, records, or statements gathered through an illegal search or a flawed interrogation can be challenged and suppressed.

In cases involving shared devices, joint accounts, family members, or business disputes, the line between fraud and a private disagreement is often blurry, and that gray area is where a defense lives.

It is also worth knowing that South Carolina built victim protections into the same set of laws. A person whose name was wrongly used can petition the court for a determination of factual innocence and can place a security freeze on their credit. Those tools are aimed at real victims, which is exactly why the state takes these charges seriously and why being wrongly accused calls for a careful, evidence-based response rather than an off-the-cuff explanation to an investigator.

What to Do If You Are Charged or Under Investigation

If you learn you are being investigated or you have been charged, the early steps matter:

• Do not talk to investigators without a lawyer. Statements meant to explain your side are often used to prove intent.
• Do not delete anything. Deleting texts, emails, or files can look like consciousness of guilt and may create new charges.
• Preserve your own evidence. Save messages, authorizations, and records that show permission or a legitimate reason for the transaction.
• Get counsel involved early. The sooner an attorney reviews the state’s evidence, the more options remain.

Frequently Asked Questions

Is identity theft a felony in South Carolina?

Yes. Both financial identity fraud and identity fraud under Section 16-13-510 are felonies, even for a first offense, with a maximum of 10 years in prison plus fines and restitution.

Can I be charged if I did not actually take any money?

Yes. Obtaining or recording someone’s identifying information with intent to access their financial resources can be enough, even if no funds were successfully taken.

What if a family member gave me their information?

Authorization is a genuine defense, because the law requires the use to be without permission. Evidence of consent can defeat a key element of the charge.

Could my identity theft case go to federal court?

It can. Identity theft is also a federal crime, and federal charges can carry steeper penalties. Which court hears the case shapes the entire defense strategy.

Your Next Step After an Identity Theft Charge

An identity theft charge is a felony from the first offense, but the state still has to prove intent and connect the information to you, and both are often contestable.

At Okoye Law, our criminal defense team handles theft and financial crime cases across Rock Hill, Fort Mill, and York County. Contact Okoye Law for a confidential consultation.