What evidence is needed to prove identity theft?
To prove identity theft in Wisconsin, evidence must be presented that the suspect unlawfully and without authorization obtained, possessed, or used another person’s identifying information. This identifying information includes a name, address, birth date, Social Security number, driver’s license number, passport number, financial account number, credit card number, debit card number, or any other unique identifying number or code. Evidence may include witness statements or receipts, as well as records, documents, or other tangible objects. In the case of computer and internet-based identity theft, evidence may include computer files, e-mails, or any other electronic records. In cases of identity theft, the suspect may have access to the victim’s accounts, documents, or credit cards. These items may be recovered by law enforcement and used as evidence. Additionally, the suspect’s computer or other electronic devices may contain evidence of the theft, such as emails, or Internet searches related to the crime. In order to prove identity theft, the prosecutor must prove beyond a reasonable doubt that the suspect knowingly and without authorization obtained, possessed, or used another person’s identifying information. Additionally, the suspect must have intended to defraud or harm the victim or their property. This includes using the victim’s identifying information to gain access to financial accounts or to obtain goods or services without the victim’s permission or knowledge.
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