Identity Theft (RSMo § 570.223) in Missouri

Identity theft charges in Missouri don’t always involve strangers stealing credit card numbers or elaborate fraud schemes. Many cases involve disputes over who had permission to access accounts, family members accused of using each other’s information, or employees charged after accessing workplace systems they believed they were authorized to use.

The problem is that Missouri’s identity theft statute doesn’t require prosecutors to prove large-scale fraud or criminal enterprise. The law makes it a crime to obtain, possess, or use someone else’s identifying information without authorization – and the penalties scale based on how much value prosecutors can assign to what was allegedly taken. That can mean the difference between a misdemeanor and a felony, carrying years in prison.

What is Identity Theft Under Missouri Law?

Missouri’s identity theft statute, RSMo § 570.223, prohibits the unauthorized use of another person’s identifying information.

According to the statute:

“A person commits the offense of identity theft if he or she knowingly and with the intent to deceive or defraud obtains, possesses, transfers, uses, or attempts to obtain, transfer or use, one or more means of identification not lawfully issued for his or her use.”

The statute covers a broad range of conduct beyond simply stealing someone’s identity. It includes obtaining, possessing, transferring, using, or attempting to use identifying information that wasn’t lawfully issued to the person.

Elements Prosecutors Must Prove

To secure an identity theft conviction in Missouri, prosecutors must prove beyond a reasonable doubt:

1. The person obtained, possessed, transferred, or used (or attempted these actions)
2. One or more means of identification
3. Not lawfully issued for that person’s use
4. Knowingly
5. With intent to deceive or defraud

Both knowledge and fraudulent intent are required elements. Accidental possession, honest mistakes about authorization, or conduct without intent to deceive does not constitute identity theft under this statute.

How Missouri Classifies Identity Theft Penalties

Unlike many states with a single penalty for identity theft, Missouri uses a tiered system based on the value of credit, money, goods, services, or property obtained:

Base Offense: Class B Misdemeanor

If no theft or appropriation of property occurs (possession without use, for example), identity theft is a Class B misdemeanor, punishable by:

• Up to 6 months in jail
• A fine of up to $1,000

Theft Not Exceeding $750: Class A Misdemeanor

When the identity theft results in theft not exceeding $750 in value, it becomes a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• A fine of up to $2,000

Theft Exceeding $750 but Not Exceeding $25,000: Class D Felony

This level becomes a Class D felony, punishable by:

• Up to 7 years in prison
• A fine of up to $10,000

Theft Exceeding $25,000 but Not Exceeding $75,000: Class C Felony

At this level, identity theft is a Class C felony, punishable by:

• 3 to 10 years in prison
• A fine of up to $10,000

Theft Exceeding $75,000: Class B Felony

The most serious classification is a Class B felony, punishable by:

• 5 to 15 years in prison
• Substantial fines and restitution

Enhanced Penalties for Repeat Offenders

The statute includes a repeat offender provision. According to RSMo § 570.223(9):

“Every person who has previously been found guilty of identity theft or attempted identity theft, and who subsequently is found guilty of identity theft or attempted identity theft of credit, money, goods, services, or other property not exceeding seven hundred fifty dollars in value is guilty of a class E felony and shall be punished accordingly.”

This means even low-value identity theft becomes a felony for someone with a prior conviction.

Aggregation of Multiple Acts

Missouri law allows prosecutors to combine multiple acts into a single charge when they’re part of the same scheme. The statute states:

“If credit, property, or services are obtained by two or more acts from the same person or location, or from different persons by two or more acts which occur in approximately the same location or time period so that the identity thefts are attributable to a single scheme, plan, or conspiracy, the acts may be considered as a single identity theft and the value may be the total value of all credit, property, and services involved.”

This provision means prosecutors can aggregate smaller thefts into higher-value felony charges when they’re connected.

Restitution and Civil Liability

Beyond criminal penalties, identity theft convictions carry significant financial consequences:

Criminal Restitution

Courts may order restitution to victims for:

• Costs of clearing credit history or credit ratings
• Attorney fees incurred by victims
• Costs of civil or administrative proceedings to satisfy debts, liens, or obligations arising from the defendant’s actions

Civil Damages

Victims can pursue civil lawsuits for:

• Up to $5,000 per incident, or three times actual damages, whichever is greater
• Reasonable attorney fees
• Injunctive relief to prevent future violations

According to RSMo § 570.223(4), victims have five years from when they discovered or reasonably should have discovered the wrongdoer’s identity to file civil actions.

If the victim is deceased, their estate retains the right to recover damages.

Exemptions Under Missouri Law

The statute provides specific exemptions where identity theft charges don’t apply:

According to RSMo § 570.223(8), the statute does not apply when:

“(1) A person obtains the identity of another person to misrepresent his or her age for the sole purpose of obtaining alcoholic beverages, tobacco, going to a gaming establishment, or another privilege denied to minors;”

This means using a fake ID solely to purchase alcohol or enter age-restricted venues doesn’t constitute identity theft under this statute (though other charges may apply).

Other exemptions include:

• Bona fide consumer or commercial transactions
• Exercising security interests or rights of offset by creditors in good faith
• Complying with court orders, warrants, or judicial directives
• Conduct otherwise authorized by law

Defenses to Identity Theft Charges

Several defenses may apply depending on the circumstances:

Lack of Intent to Deceive or Defraud

Without fraudulent intent, no identity theft occurred. Evidence showing legitimate purposes, honest mistakes, or lack of deceptive motive can defeat these charges.

Authorization or Permission

If the person had actual permission to use the identifying information, this is a complete defense. Documentation of authorization, witness testimony, or evidence of the relationship between parties may establish permission.

Lack of Knowledge

The statute requires knowing conduct. If someone possessed or used identifying information without knowing it belonged to someone else or wasn’t lawfully issued to them, this element isn’t met.

Mistaken Identity

The wrong person may be accused, particularly in cases involving online transactions, shared devices, or identity theft committed by someone else using the defendant’s information.

Insufficient Evidence of Value

In cases near classification thresholds, challenging the prosecution’s valuation of stolen property or services may result in reduced charges.

Constitutional Violations

Evidence obtained through unlawful searches, illegal surveillance, or coerced statements may be suppressed, potentially weakening or eliminating the prosecution’s case.

Why Hiring an Identity Theft Attorney Should Be The First Step

Identity theft charges require prompt legal attention because:

Federal Charges May Also Apply

Many identity theft cases involve conduct violating both Missouri and federal identity theft laws. Early legal representation helps coordinate defense strategies across multiple jurisdictions.

Digital Evidence Requires Quick Preservation

Computer forensics, electronic records, and digital communications must be preserved and analyzed promptly. Technology experts may be needed to challenge digital evidence or establish alternative explanations.

Restitution Negotiations Impact Sentencing

Early efforts to make victims whole through restitution can significantly affect prosecutorial charging decisions and sentencing recommendations.

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys have extensive experience defending clients facing identity theft and fraud-related charges throughout Missouri, including St. Louis City, St. Louis County, St. Charles County, Jefferson County, Franklin County, and surrounding jurisdictions.

When working with us, clients benefit from:

• Experienced criminal defense attorneys who understand complex fraud prosecution and defense strategies
• A team approach with attorneys, support staff, and an investigator collaborating on every case
• Thorough investigation of digital evidence, financial records, and authorization issues
• Clear communication through dedicated Client Care Specialists who provide regular updates
• Strategic defense planning that considers both immediate charges and potential federal involvement

We’ve represented many individuals facing identity theft charges, and we understand these cases often involve complicated financial situations, misunderstandings about permission, or desperation that led to poor decisions.

Don’t Face Identity Theft Charges Alone

Identity theft convictions create permanent criminal records that can devastate careers, particularly in fields requiring financial trust or professional licensing. Civil liability can extend financial consequences for years.

At Rose Legal Services, we examine every aspect of identity theft allegations, from the strength of evidence to the prosecution’s ability to prove fraudulent intent and proper valuation of losses. We work to achieve outcomes that recognize the full context of each situation.

Contact us today for a confidential consultation.

Your defense starts with a conversation.