Missouri
Missouri Identity Theft Laws: Penalties, Civil Remedies, and Reporting
Independently fact-checked against primary sources (last audited August 14, 2026). · 5 primary sources cited on this page. How we verify our legal content
This page covers identity theft law in Missouri under RSMo Section 570.223, including its value-based penalty tiers, its built-in private civil lawsuit right, and the Attorney General's identity theft resources. It does not cover federal identity theft law in depth; for that layer, see our identity theft laws hub and our guide to reporting identity theft.
Missouri's Identity Theft Statute
RSMo Section 570.223 defines identity theft as knowingly and with intent to deceive or defraud obtaining or using one or more means of identification not lawfully issued for the person's own use. The penalty is tiered by the value of property or benefit obtained rather than by a flat classification. With no property gained, the offense is a Class B misdemeanor. At a value «not exceeding» $750, it is a Class A misdemeanor, so a loss of exactly $750 stays a misdemeanor. Above $750 and not exceeding $25,000, it is a Class D felony. Above $25,000 and not exceeding $75,000, it is a Class C felony. Above $75,000, it is a Class B felony, the statute's top tier. A repeat offender, meaning someone with a prior identity theft conviction who commits another offense not exceeding $750 in value, faces an enhanced Class E felony rather than the Class A misdemeanor that offense would otherwise carry on its own. The statute was last substantively amended by 2014 legislation, S.B. 491, effective January 1, 2017, and has not been amended since.
Missouri's Built-In Civil Lawsuit Right
Unlike many states, Missouri's identity theft statute creates its own private civil cause of action directly within the criminal statute. Section 570.223 allows a victim to recover «up to five thousand dollars for each incident, or three times the amount of actual damages, whichever amount is greater,» in a lawsuit filed «within five years from the date on which the identity of the wrongdoer was discovered or reasonably should have been discovered.» The statute specifies these civil remedies exist «in addition to any other rights and remedies provided by law,» meaning a victim is not forced to choose between the criminal restitution process and a separate civil suit.
The statute also authorizes restitution as part of a criminal sentence, covering costs, including attorney fees, for credit repair and legal proceedings arising from the theft. Restitution is discretionary rather than automatic: the statute provides that «the court may order that the defendant make restitution to any victim of the offense,» so whether it is imposed is up to the sentencing judge.
No Missouri-Specific Minor Credit Freeze Law
Missouri's own security-freeze statute, RSMo Sections 407.1380 through 407.1385, contains no minor or protected-consumer provision, no age threshold, and no guardian-request procedure. Section 407.1382's live text explicitly applies the freeze right to «a consumer» generally, with no age-based distinction. That means Missouri has no state-law analog to a protected-consumer freeze statute, and residents, including for minors, rely on the federal protected-consumer security freeze right under 15 U.S.C. Section 1681c-1(j), in place since 2018. This statute has not been amended since its original 2008 enactment. See our guide to credit freeze vs. fraud alert for how the federal freeze process works.
Data Breach Notification and Attorney General Enforcement
Missouri's data breach notification law, RSMo Section 407.1500, gives the Attorney General exclusive authority to bring an action for a «willful and knowing violation of this section,» and in such an action the Attorney General may seek a civil penalty of up to $150,000 per breach, or per series of breaches of a similar nature discovered in a single investigation. That penalty is tied to a willful and knowing violation, not to an inadvertent notification failure. This gives the state a direct enforcement tool against companies whose data-security failures lead to identity theft, separate from the criminal statute that targets the individual thief.
If a Company Tells You It Lost Your Data
A breach notice is a good moment to freeze your credit at Equifax, Experian, and TransUnion, which federal law makes free. If the company offers complimentary monitoring, enroll in that before considering a paid service. If you want more than that for your own accounts, Aura sends alerts for unusual spending activity on the bank and card accounts you link and removes your personal information from data broker and people-search sites.
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Reporting Identity Theft in Missouri
The Missouri Attorney General's Consumer Protection office confirms a consumer hotline at 800-392-8222, where «complaint investigators will also help advise victims of identity theft.» The office describes three separate reporting paths: an Identity Theft Complaint Form filed with the Attorney General's office, an Identity Theft Incident Report filed with local police, and the FTC's online complaint portal. When the information was handed over in a scam rather than stolen outright, our guide to Missouri scam and fraud laws covers where to report the scam itself and whether Missouri's merchandising practices law reaches the money you lost. The page also offers an Identity Theft Preventive Checklist, an Identity Theft Repair Checklist, and an Identity Theft Resource Guide, and breaks its victim guidance into eight theft types: financial, medical, insurance, synthetic, driver's license, criminal, Social Security, and child identity theft. No Missouri identity theft passport or victim-certification program was found; the Attorney General's own page does not mention one, and a review of the relevant chapter of Missouri statutes found no certification or repository section addressing one either, indicating a genuine absence rather than a search that failed to find one.
The Federal Layer
Regardless of state, identity theft is also a federal crime under 18 U.S.C. Section 1028. The Federal Trade Commission's free recovery site, IdentityTheft.gov, walks victims through reporting what happened and building a personal recovery plan. Federal law has also required free credit freezes and free fraud alerts at all three credit bureaus since 2018, and FCRA Section 605B lets a victim with an FTC Identity Theft Report get fraudulent information blocked from their credit report. See our identity theft laws hub for the complete federal picture.
Information last verified on 2026-08-13, drawn directly from RSMo Section 570.223, Section 407.1382, and Section 407.1500 on revisor.mo.gov, and the Attorney General's Consumer Corner identity theft page. This article has not yet been reviewed by a licensed lawyer.
Related Resources
- Identity Theft Laws: Federal Rules and State Penalties
- How to Report Identity Theft
- Credit Freeze vs. Fraud Alert
Last updated: 2026-08-13.
Frequently Asked Questions
Is identity theft a felony in Missouri?
It depends on the value obtained. RSMo Section 570.223 ranges from a Class B misdemeanor when no property was gained, up through a Class B felony when the value obtained exceeds $75,000. A repeat offense not exceeding $750 in value is enhanced to a Class E felony.
Can I sue the person who stole my identity in Missouri?
Yes. Missouri's identity theft statute contains its own private civil lawsuit right. You can recover up to $5,000 per incident, or three times your actual damages, whichever is greater, in a suit filed within five years of the date the wrongdoer's identity was discovered or reasonably should have been discovered.
Does Missouri have a minor or child credit freeze law?
No. Missouri's own security-freeze statute applies to all consumers with no age-based distinction. Missouri minors rely on the federal protected-consumer freeze right under 15 U.S.C. Section 1681c-1(j), in place since 2018.
Where do I report identity theft in Missouri?
The Missouri Attorney General's Consumer Protection office runs a hotline at 800-392-8222 and offers an Identity Theft Complaint Form, in addition to filing a police report or an FTC complaint through IdentityTheft.gov.
Is there a Missouri identity theft passport program?
No. The Attorney General's identity theft page does not mention one, and a review of the relevant Missouri statutes found no certification or repository section for one, indicating it does not currently exist.
What happens if a company fails to notify me of a data breach in Missouri?
Missouri's data breach notification law gives the Attorney General exclusive authority to bring an action for a willful and knowing violation of the notification requirement, with a civil penalty of up to $150,000 per breach or per series of similar breaches discovered in a single investigation.
Updates
Corrected the Missouri penalty thresholds so an exact $750 loss is shown as a misdemeanor, restored the "or reasonably should have been discovered" prong of the five-year civil deadline, answered an unresolved note by confirming restitution is discretionary, and added the willful-and-knowing trigger to the Attorney General data-breach penalty.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 570
§ 570.223Identity theft — penalty — restitution — other civil remedies available — exempted activities.In forcecited in 2 of our articles
1. 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. 2. The offense of identity theft is a class B misdemeanor unless the identity theft results in the theft or appropriation of credit, money, goods, services, or other property: (1) Not exceeding seven hundred fifty dollars in value, in which case it is a class A misdemeanor; (2) Exceeding seven hundred fifty dollars and not exceeding twenty-five thousand dollars in value, in which case it is a class D felony; (3) Exceeding twenty-five thousand dollars and not exceeding seventy-five thousand dollars in value, in which case it is a class C felony; (4) Exceeding seventy-five thousand dollars in value, in which case it is a class B felony.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2016
In the courts (editorial summary, independently checked):Missouri courts have applied section 570.223 to convictions for using another person's identifying data. State v. Young (2012) affirmed an identity theft conviction, treating evidence of an uncharged entry and theft of personal papers as relevant to show how the defendant obtained the means of identification.
Opinions citing this section in our collection:
- State v. Young (Missouri Court of Appeals 2012, 367 S.W.3d 641)✓A woman used an ex-partner's name, Social Security number and birthdate, allegedly taken from papers removed from his home, to obtain a $50,000 line of credit; the court affirmed her Section 570.223 conviction, holding evidence of the uncharged break-in was relevant.
- State v. DILDINE-MARTIN (Missouri Court of Appeals 2009, 295 S.W.3d 555)“…e after a jury convicted her of felony identity theft under section 570.223 RSMo 2000. Defendant argues that the trial c…”
- State v. Smith (Missouri Court of Appeals 2009, 278 S.W.3d 717)“…ter a jury found him guilty of one count of identity theft, § 570.223 RSMo. (2000). Smith’s sole claim of error is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Data Privacy Laws: Breach Notification & Consumer Rights (2026)
Revised Statutes of Missouri, Title XXVI (TRADE AND COMMERCE), Chapter 407
§ 407.1382Security freeze may be requested, when — fee — agency duties — furnishing a credit report after freeze prohibited, exceptions — lifting of freeze, when — permanent removal, when — fee — notice.In force
1. A consumer may request that a consumer credit reporting agency place a security freeze on that consumer's credit report, if that request is made: (1) In writing, where delivery by standard U.S. Postal Service mail service shall be sufficient; or (2) By other reliable means, including, but not limited to, internet, telephone, facsimile, or other electronic means if any such other means are provided by the consumer credit reporting agency; and (3) Proper identification is presented to adequately identify the requestor as the consumer subject to the credit report. 2. A consumer credit reporting agency shall honor a consumer's request for a security freeze within five business days of receipt of such request. A consumer credit reporting agency may assess a fee of up to five dollars for the first request by a consumer to place a security freeze, and up to ten dollars for any subsequent request to place a security freeze made by the same consumer, except that at no time shall a fee be assessed for a request to place a security freeze if the request is accompanied by an incident report as defined under section 595.232*.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
§ 407.1500Definitions — notice to consumer for breach of security, procedure — attorney general may bring action for damages.In forcecited in 6 of our articles
1. As used in this section, the following terms mean: (1) "Breach of security" or "breach", unauthorized access to and unauthorized acquisition of personal information maintained in computerized form by a person that compromises the security, confidentiality, or integrity of the personal information. Good faith acquisition of personal information by a person or that person's employee or agent for a legitimate purpose of that person is not a breach of security, provided that the personal information is not used in violation of applicable law or in a manner that harms or poses an actual threat to the security, confidentiality, or integrity of the personal information; (2) "Consumer", an individual who is a resident of this state; (3) "Consumer reporting agency", the same as defined by the federal Fair Credit Reporting Act, 15 U.S.C.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at revisor.mo.gov
Also relied on in: Missouri Biometric Privacy Laws: Collection, Consent & Penalties (2026), Missouri Data Breach Notification Laws: Reporting Rules & Timelines (2026), Thompson Coburn Data Breach Settlement: Claim Window Closed
United States Code Title 18
§ 1028Fraud and related activity in connection with identification documents, authentication features, and informationIn forcecited in 22 of our articles
Whoever, in a circumstance described in subsection (c) of this section— knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document; knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents; knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States; knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,360 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United States v. Christensen (2016) affirmed Section 1028(a)(7) identity-theft convictions after the CFAA predicates were set aside, holding intent to violate California Penal Code 502 was a valid alternative predicate. United States v. Campa (2008) upheld a 1028(a)(3) conviction on constructive possession of counterfeit documents.
Opinions citing this section in our collection:
- Flores-Figueroa v. United States (Supreme Court of the United States 2009, 556 U.S. 646)“…tion documents, authentica tion features, and information.” 18 U. S. C. §1028. The title of another provision (the pro…”
- United States v. George Lloyd Pregent (Court of Appeals for the Fourth Circuit 1999, 190 F.3d 279)“…zed United States identification documents in violation of 18 U.S.C.A. § 1028 (a)(1) (West Supp.1999), knowingly prod…”
- United States v. Lesmarge Valnor (Court of Appeals for the Eleventh Circuit 2006, 451 F.3d 744)✓Valnor charged $400 to $500 a head to have a Florida DMV examiner issue fraudulent driver's licenses; the Eleventh Circuit affirmed a sentence above the advisory range for his Section 1028(f) conspiracy, noting it fell far below Section 1028(b)(1)(A)'s 15-year maximum.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Identity Theft Laws: Federal Rules and State Penalties, Indiana Identity Theft Laws, Phishing, Smishing and Vishing: Spot Them and What to Do If You Clicked
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- RSMo Section 570.223, Identity Theft, Penalty, Restitution, Other Civil Remedies Available(revisor.mo.gov).gov
- RSMo Section 407.1382, Security Freeze May Be Requested(revisor.mo.gov).gov
- RSMo Section 407.1500, Data Breach Notification, Attorney General Enforcement(revisor.mo.gov).gov
- Missouri Attorney General, Consumer Corner: Identity Theft(ago.mo.gov).gov
- IdentityTheft.gov (Federal Trade Commission)(identitytheft.gov).gov
- 18 U.S.C. Section 1028, Fraud and Related Activity in Connection with Identification Documents (Cornell LII)(law.cornell.edu)
- 15 U.S.C. Section 1681c-1, Identity Theft Prevention; Fraud Alerts and Active Duty Alerts (Cornell LII)(law.cornell.edu)