Legislation advancing in Trenton would elevate criminal charges and prison sentences for identity theft crimes involving elderly residents and military veterans.
TRENTON, N.J. — New Jersey lawmakers are moving forward with legislation that would significantly increase penalties for identity theft and fraud schemes targeting senior citizens and military veterans.
The Senate Budget and Appropriations Committee approved Senate Bill 1526 on Thursday, advancing a proposal that would elevate many identity theft offenses to more serious criminal charges when the victim is a senior or veteran.
This bill comes as one high-profile incident in Ocean County rose to the public spotlight after a U.S. Army combat veteran discovered that a man was using his DD-214 military separation form as his own to claim that he was indeed that veteran, for personal gain. While the case was presented to the Ocean County Prosecutor’s Office for investigation, the matter was not pursued. This law would enhance the victim’s rights in the future.
The Ocean County Prosecutor’s Office did not give reason as to why the investigation into the matter ceased despite clear evidence presented.
Key Points
• Bill would increase criminal penalties for identity theft targeting seniors and veterans
• Some offenses could be upgraded to first-degree crimes punishable by up to 20 years in prison
• Measure also targets theft of personal information from nursing homes and veterans facilities
Under current New Jersey law, identity theft penalties are largely based on the amount of money involved or the number of victims affected.
The proposed legislation would create enhanced penalties whenever the victim is a senior citizen or military veteran, regardless of whether the crime involved a single victim or multiple victims.
Harsher criminal charges proposed
Under the bill, identity theft involving less than $500 currently constitutes a fourth-degree crime for a first offense.
If the victim is a senior citizen or veteran, that same offense would be elevated to a third-degree crime. A second offense would become a second-degree crime.
The legislation also increases penalties for larger fraud schemes involving higher dollar amounts or multiple victims.
In the most serious cases, identity theft involving $75,000 or more or five or more victims would be upgraded from a second-degree offense to a first-degree crime when a senior citizen or veteran is among the victims.
A first-degree crime in New Jersey carries a potential prison sentence of 10 to 20 years and fines of up to $200,000.
Nursing homes and veterans facilities targeted
The bill also addresses situations involving stolen personal information obtained through nursing homes, retirement communities, continuing care facilities, and veterans facilities.
Current law already criminalizes possessing or distributing another person’s identifying information for fraudulent purposes. Under the proposal, penalties would be enhanced if the information was obtained from records maintained by facilities serving seniors or veterans.
Supporters argue those institutions contain large amounts of sensitive personal information and can become attractive targets for identity thieves and organized fraud rings.
Growing concern over elder fraud
The legislation comes amid increasing concerns nationwide about scams and identity theft schemes targeting older adults.
Fraud experts have repeatedly warned that seniors are disproportionately targeted by financial scams because they often possess substantial retirement savings, home equity, and other assets.
The bill now advances for further consideration in the Legislature.
If enacted, the measure would create some of the toughest criminal penalties in New Jersey law for identity theft offenses involving seniors and military veterans.