Pennsylvania Identity Theft Laws: 18 Pa.C.S. Section 4120 Grading

Pennsylvania grades identity theft primarily by dollar value under 18 Pa.C.S. Section 4120, and separately gives victims their own civil lawsuit for up to three times actual damages under 42 Pa.C.S. Section 8315. This page covers the exact grading structure, the state's mandatory restitution rules, the civil remedy, and where Pennsylvania residents report identity theft.

This article addresses Pennsylvania state law on identity theft alongside the federal framework under 18 U.S.C. Section 1028 and the Fair Credit Reporting Act. For the parent overview of identity theft law generally, see our identity theft laws hub.

Pennsylvania's Identity Theft Statute and Its Grading Structure

Pennsylvania's identity theft offense is codified at 18 Pa.C.S. Section 4120. A person commits the crime if they possess or use, through any means, the identifying information of another person without that person's consent to further any unlawful purpose. Each separate use is its own offense, but the total value from a single scheme or course of conduct, whether it involves one victim or several, can be aggregated together for grading purposes.

The statute's grading structure is narrower than a full six-tier misdemeanor-to-felony ladder. A total value under $2,000 is graded as a misdemeanor of the first degree. A total value of $2,000 or more is graded as a felony of the third degree. An offense committed in furtherance of a criminal conspiracy is a felony of the third degree regardless of the dollar value involved. A third or subsequent offense is graded as a felony of the second degree. In every case, the grading is bumped one grade higher when the victim is 60 years of age or older, is a care-dependent person, or is under 18 years of age.

Section 4120 also includes a meaningful evidentiary rule for victims: under subsection (e), a police report stating that a person's identifying information was lost, stolen, or used without that person's consent is prima facie evidence that it was in fact possessed or used without consent. That shifts real weight onto a victim's favor when disputing fraudulent debts or charges tied to the theft.

The current grading structure did not appear all at once. Section 4120 was originally enacted May 22, 2000, then substantially amended June 19, 2002 by Act 62, which reworked the grading in subsection (c). The enhanced grading for victims 60 or older and for care-dependent persons was already in place when Act 97 of November 27, 2013 amended subsection (c)(2); what that amendment added was the third category, victims under 18 years of age. The 2013 change is the most recent amendment listed in the statute's official history.

Pennsylvania's Civil Remedy: 42 Pa.C.S. Section 8315

Pennsylvania gives identity theft victims a direct, explicit civil cause of action separate from the criminal statute. Under 42 Pa.C.S. Section 8315, enacted in 2002, a court may award a victim actual damages or $500, whichever is greater, and has discretion to award up to three times actual damages, though never less than $500. The statute also allows the court to award reasonable attorney fees and court costs, plus any additional relief the court deems necessary. This civil remedy is explicitly tied to the criminal definition of identity theft in Section 4120, meaning a victim does not need a criminal conviction first to bring the civil claim. This session's research confirmed the statute's original 2002 enactment but did not exhaustively check whether Section 8315 has been amended since then.

Restitution: Two Separate Layers

Pennsylvania identity theft victims benefit from two separate, mandatory restitution provisions. First, Pennsylvania's general criminal restitution statute, 18 Pa.C.S. Section 1106, requires the court to order full restitution regardless of the defendant's current financial resources, and explicitly preserves the victim's separate civil remedy, with any civil award reduced by the amount already paid through criminal restitution. Second, an identity-theft-specific add-on, 18 Pa.C.S. Section 1107.1, enacted in 2009, requires restitution covering «all reasonable expenses incurred by the victim,» explicitly including attorney fees, accountant fees, and credit-bureau fees, expenses that a general restitution order might not otherwise capture.

No State-Law Minor Freeze in Pennsylvania

Pennsylvania's security freeze law, the Credit Reporting Agency Act of 2006, covers only adult, consumer-initiated freezes: fees are capped at $10, waived entirely for identity theft victims who provide a police report and for consumers 65 or older, and any freeze automatically expires after 7 years unless renewed. The act's full original text contains no representative, protected-consumer, or minor-specific freeze provision, and no later Pennsylvania amendment adding one could be confirmed. Pennsylvania simply has no state-law minor or protected-consumer freeze statute; Pennsylvania families rely entirely on the federal minor-freeze right described below.

Reporting Identity Theft in Pennsylvania

Pennsylvania residents report identity theft to the Attorney General's Bureau of Consumer Protection by calling 1-800-441-2555. The same bureau takes complaints about businesses that misled or cheated a consumer, and our guide to Pennsylvania scam and fraud laws sets out which state office handles each kind of scam report. For tax-related identity theft specifically, the Department of Revenue's Bureau of Fraud Detection and Analysis is the primary channel, reachable at RA-RVPADORFRAUD@pa.gov or 717-772-9297. The Attorney General's own dedicated identity theft page at attorneygeneral.gov could not be accessed this session; every attempt returned a blocked response, so its specific content is not described here.

Federal Rights That Apply Regardless of State Law

Every Pennsylvania identity theft victim also has rights under federal law that apply independent of Pennsylvania's own statutes. A credit freeze and a fraud alert are both free under 15 U.S.C. Section 1681c-1, added by the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, and this is the right Pennsylvania families of minors should rely on given the state's lack of its own minor-freeze law. A free report at IdentityTheft.gov also unlocks the right under FCRA Section 605B, 15 U.S.C. Section 1681c-2, to have fraudulent information blocked from a credit report. For the full mechanics, see our guides on how to report identity theft and credit freeze vs. fraud alert.

Information last verified on 2026-08-13, drawing directly on the live text of 18 Pa.C.S. Section 4120, 18 Pa.C.S. Section 1106, 18 Pa.C.S. Section 1107.1, 42 Pa.C.S. Section 8315, and the 2006 Credit Reporting Agency Act, plus Pennsylvania's own pa.gov identity theft reporting 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

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Last updated: 2026-08-13.

Frequently Asked Questions

What is the penalty for identity theft in Pennsylvania?

Under 18 Pa.C.S. Section 4120, a total value under $2,000 is a first-degree misdemeanor and $2,000 or more is a third-degree felony. An offense in furtherance of a conspiracy is always a third-degree felony, and a third or subsequent offense is a second-degree felony. Grading rises one level when the victim is 60 or older, care-dependent, or under 18.

Can identity theft victims sue civilly in Pennsylvania?

Yes. 42 Pa.C.S. Section 8315 lets a victim recover actual damages or $500, whichever is greater, with a court able to award up to three times actual damages, plus attorney fees and court costs. This civil claim does not require a prior criminal conviction.

Does a police report help a Pennsylvania identity theft victim?

Yes. Under 18 Pa.C.S. Section 4120(e), a police report stating that identifying information was lost, stolen, or used without consent is prima facie evidence of that fact, which can lower a victim's burden when disputing fraudulent debts or charges.

Can I freeze my child's credit report under Pennsylvania law?

Pennsylvania has no state-law minor or protected-consumer freeze statute. Pennsylvania families rely on the federal minor-freeze right, which lets a parent or guardian freeze a child's credit report for free regardless of state law.

What restitution can a Pennsylvania identity theft victim recover?

Two layers apply: general mandatory restitution under 18 Pa.C.S. Section 1106, and an identity-theft-specific add-on under 18 Pa.C.S. Section 1107.1 covering all reasonable expenses the victim incurred, including attorney fees, accountant fees, and credit-bureau fees.

Where do I report identity theft in Pennsylvania?

Call the Attorney General's Bureau of Consumer Protection at 1-800-441-2555. For tax-related identity theft, contact the Department of Revenue's Bureau of Fraud Detection and Analysis at 717-772-9297 or RA-RVPADORFRAUD@pa.gov.