C.G.S. § 53a-129b — Identity Theft in the First Degree (Class B Felony)

Plain-English Overview:

First-degree identity theft is Connecticut’s top tier. It applies when someone knowingly uses another person’s personal identifying information—without consent—to obtain or attempt to obtain money, credit, goods, services, property, or medical information, and either:

• the victim is under 60 and the value exceeds $10,000, or
• the victim is 60 or older and the value exceeds $5,000.

Personal identifying information includes things like a name, date of birth, Social Security number, driver’s license number, bank or card numbers (plus PINs, passwords, and other credentials), and biometric identifiers.What the State Must Prove

To convict under § 53a-129b, prosecutors must show:

1. Knowing use of another person’s personal identifying information;
2. Without that person’s consent;
3. To obtain or attempt to obtain money, credit, goods, services, property, or medical information; and
4. One of the first-degree thresholds is met:
   • Victim under 60 with value over $10,000, or
   • Victim 60+ with value over $5,000.

Penalties

A Class B felony carries 1–20 years in prison and up to a $15,000 fine, plus possible probation, restitution, and serious collateral consequences (immigration, licensing, employment, and housing).

Typical Connecticut Fact Patterns

• Multi-store luxury runs: coordinated purchases on Greenwich Avenue or at regional malls using cloned cards or fraudulently opened lines that aggregate past the threshold.
• High-value bank/ACH schemes: unauthorized transfers using another person’s bank credentials or account/routing numbers.
• Elder-targeted misuse: opening (or taking over) accounts in a senior’s name, with losses over $5,000.
• Coordinated “mule” activity: one person attempts the buys while others handle transport or returns—expect added conspiracy counts.

Defense Angles That Matter

• Consent/authorization: authorized user or joint-account status; texts/emails or prior patterns showing permission.
• No “use” or “attempt”: possession of personal identifying information alone is not enough; there must be use or an attempt tied to obtaining value.
• Value and aggregation: challenge the math (declines, reversals, refunds, intended vs. realized loss).
• Identification & proof gaps: weak video, unreliable eyewitnesses, device-forensics issues, chain-of-custody problems.
• Search & seizure: suppress evidence from unlawful stops, phone dumps, or overbroad warrants.
• Structured mitigation: early restitution, clean financial timelines, character materials, and treatment where helpful.

Real World Examples1) Two-Store Luxury Spree Totaling $12,900 (Charged)

A shopper uses a counterfeit card linked to another person’s account to make $6,500 and $6,400 purchases the same afternoon. With aggregate value over $10,000 and the victim under 60, prosecutors file § 53a-129b plus Larceny, Forgery, and Conspiracy.

2) $11,400 Unauthorized ACH Pulls (Charged)

Using someone else’s banking credentials and account/routing numbers, a fraudster initiates $11,400 in transfers. That is knowing use of personal identifying information to obtain money above the first-degree threshold.

3) Senior Victim, $6,200 in Accounts Opened (Charged)

A 68-year-old’s Social Security number and date of birth are used to open a phone plan and a BNPL line that rack up $6,200. Because the victim is 60+ and the value exceeds $5,000, the charge lands in § 53a-129b.

4) Joint Account Holder Uses the Joint Card for Household Expenses (Not a Crime)

You are a named joint account holder on a checking account and corresponding card. You use the card and linked account information to buy groceries and pay utilities—exactly what the account permits. That’s authorized use by an owner, not identity theft. (Keep statements or the account agreement handy.)

Can a First-Time Offender Get Accelerated Rehabilitation (AR) for § 53a-129b?

Realistically, no. § 53a-129b is a Class B felony, and Accelerated Rehabilitation is generally not available for Class B felonies.
Practical path: if diversion is a goal, defense strategy usually focuses on negotiating a reduction to a lesser, AR-eligible offense (for example, a Class C charge) combined with restitution and a strong mitigation package.

Evidence to Preserve Immediately

• Bank/app logs (transactions, OTPs, device alerts), receipts, and POS records
• Refunds/chargebacks and reversal documentation (to contest value)
• Texts/emails showing permission or joint/authorized-user status
• Location data and calendar entries that undermine “use” or place you elsewhere

Related Connecticut Pages

• Identity Theft 2nd — § 53a-129c
• Identity Theft 3rd — § 53a-129d
• Trafficking in Personal Identifying Information — § 53a-129e
• Criminal Impersonation — § 53a-130
• Forgery — §§ 53a-137 to 53a-142
• Credit-Card Crimes — § 53a-128d et seq.
• Larceny (by value) — §§ 53a-122 to 53a-125b

Start Your Defense Today

Under investigation—or already charged—under C.G.S. § 53a-129b in Greenwich, Stamford, Darien, Norwalk, Milford, or anywhere in Fairfield County? Get a targeted plan and straight answers now.

Allan F. Friedman Criminal Lawyer handles complex identity-theft cases every day and will move quickly to protect your record.

• Call: (203) 357-5555 (24/7)
• Message us: Visit our Contact Page for a fast response
• Want more background? See Criminal Defense for strategy, defenses, and next steps

We’ll act fast to control the damage and fight for the best possible outcome.

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