I had never heard the term shoulder surfing until I read a news article that described the action that can lead to Identity Theft charges. Apparently, looking over someone’s shoulder to get personal information from them, without them knowing, is shoulder surfing. According to the news report, an off-duty police officer observed a man standing near an ATM machine, but not actually interacting with the machine at all. Later, the officer drove by again and saw the same man there. The officer watched as the man looked over the woman’s shoulder as she completed her transaction. When the customer left, the man went up to the ATM and began imputing something. Police contacted the man, who had $700 dollars on him, but admitted to not being a customer of the bank. The woman who had just visited the ATM was contacted and reported a missing $700. The man was arrested and charged with Identity Theft.
Weld County Identity Theft Attorney | What is the Definition?
The Colorado law definition of Identity Theft in Weld, Morgan, and Logan County – C.R.S. 18-5-902 – is:
(a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(b) Knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;
(c) With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;
(d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit;
(e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document
Because the man used the woman’s PIN number (financial identifying information) to access her account without permission, he is facing this serious felony charge. Apparently, the woman didn’t fully end her interaction with the ATM, and simply entering her PIN again allowed access to her accounts.
Have you been charged with Identity Theft? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Identity Theft? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Identity Theft Attorney | What is the Sentence / Punishment for Shoulder Surfing?
As a class 4 felony in Greeley, Erie, and Evans, Identity Theft is punishable by 2 to 6 years in the Colorado Department of Corrections. This would include a 3-year parole sentence and up to $500,000 in fines. With so much at stake, it is vital a person facing these charges have an experienced criminal defense attorney to defend them.
If you or someone you love has been charged with Identity Theft, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
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