West Case Update

State Identity Theft Law Does Not Conflict with Federal Identity Theft Law

Description
Georgia high court upheld a conviction for violation of state identify theft law, ruling that federal identity theft law did not prohibit state laws from addressing such matters.

Topic Criminal Law

Key Words
Identity Theft, State Law, Federal Law, Due Process

C A S E S U M M A R Y

Facts
Hernandez, an illegal immigrant, misappropriated the social security number of Smith and used the number to obtain a driver’s license in Smith’s name, and then got a job using Smith’s name, which resulted in income being reported to the IRS in Smith’s name on which $12,000 in back taxes were due. Hernandez was convicted under a Georgia identity theft statute. He appealed, contending the state law was vague about how identity theft occurred and conflicted with federal law that dealt with similar issues, and so violated due process guarantees of the Constitution.

Decision
Affirmed. The identity theft statute is not unconstitutionally vague, so did not violate due process. It explicitly prohibits a person from improperly accessing another’s account for financial purposes, which is what Hernandez did by reporting Smith’s social security number to the IRS as his own. The federal laws concerning identity theft do not prohibit state laws concerning such theft.

Citation
Hernandez v. State, 639 S.E.2d 473 (Sup. Ct., Ga., 2007)

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State Identity Theft Law Does Not Conflict with Federal Identity Theft Law
Description	Georgia high court upheld a conviction for violation of state identify theft law, ruling that federal identity theft law did not prohibit state laws from addressing such matters.
Topic	Criminal Law
Key Words	Identity Theft, State Law, Federal Law, Due Process
C A S E S U M M A R Y
Facts	Hernandez, an illegal immigrant, misappropriated the social security number of Smith and used the number to obtain a driver’s license in Smith’s name, and then got a job using Smith’s name, which resulted in income being reported to the IRS in Smith’s name on which $12,000 in back taxes were due. Hernandez was convicted under a Georgia identity theft statute. He appealed, contending the state law was vague about how identity theft occurred and conflicted with federal law that dealt with similar issues, and so violated due process guarantees of the Constitution.
Decision	Affirmed. The identity theft statute is not unconstitutionally vague, so did not violate due process. It explicitly prohibits a person from improperly accessing another’s account for financial purposes, which is what Hernandez did by reporting Smith’s social security number to the IRS as his own. The federal laws concerning identity theft do not prohibit state laws concerning such theft.
Citation	Hernandez v. State, 639 S.E.2d 473 (Sup. Ct., Ga., 2007)