C.G.S. § 53a-129c — Identity Theft in the Second Degree (Class C Felony)

Quick overview: Second-degree identity theft applies when someone knowingly uses another person’s personal identifying information (PII) to obtain—or try to obtain—money, credit, goods, services, property, or medical information without consent, and either:

• the value exceeds $5,000 (victim under 60), or
• the victim is 60 or older (no dollar threshold).

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

1. You knowingly used 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 degree trigger for § 129c applies:
   • Victim under 60 and value > $5,000, or
   • Victim 60+ (any amount).

“Personal identifying information” includes items like name, DOB, SSN, driver’s license number, account and card numbers, and biometrics.

Identity theft in the second degree is a Class C felony: up to 10 years in prison, up to a $10,000 fine, and possible probation and restitution.

• High-ticket retail buys (Greenwich Avenue, malls): cloned/skimmed cards for big electronics or luxury goods.
• Account openings/takeovers: utilities, phones, BNPL accounts set up in another person’s name.
• Large-value check/ACH fraud: altered checks or unauthorized pulls from a bank account.
• Elder-targeted misuse: any unauthorized use of a senior’s PII (lands in 2nd degree regardless of amount).

Expect companion charges like Larceny, Forgery, Criminal Impersonation, Conspiracy, Attempt, and sometimes Trafficking in Personal Identifying Information.

• Consent/authorization: authorized user status, permission texts/emails, shared finances.
• No “use” or “attempt”: mere possession of PII isn’t the crime; the statute requires use or an attempt.
• Degree challenges: dispute value calculations and victim age applications to avoid over-charging.
• Proof problems: weak video, unreliable IDs, or gaps in digital forensics/timestamps.
• Illegal search/seizure: suppress evidence from unlawful stops, device searches, or overbroad warrants.
• Structured mitigation: restitution, financial timelines, character materials, treatment plans.

Loss-prevention stops a shopper attempting $6,800 in luxury goods using a counterfeited card tied to someone else’s account. Charges: § 53a-129c (value > $5,000, victim under 60) + Attempted Larceny + Forgery.

A stolen check is altered and mobile-deposited for $7,200. Using the victim’s account data to obtain funds over $5,000 supports § 53a-129c, plus Forgery and a larceny count keyed to the amount.

Someone uses a 72-year-old’s SSN/DOB to open a utility account that accrues $1,100. Because the victim is 60+, it’s § 53a-129c regardless of the amount (a higher amount may escalate to first degree).

Your spouse says “Use my card and PIN for groceries today.” You do exactly that. There’s consent, and the use matches the permission—not identity theft. (Written or text permission helps if a dispute arises later.)

Short answer: Yes, but it’s uncommon. Because § 53a-129c is a Class C felony, the court can grant AR only upon a showing of “good cause.” It has happened—rarely—when the facts and mitigation are strong.

• No prior convictions. (A prior arrest alone isn’t an automatic bar.)
• Not disqualified by other statutory exclusions (e.g., certain sex/drug/alcohol offenses have their own programs).
• Class C felony = “good cause” required. This is a higher bar than for most misdemeanors and lower felonies.
• Victim input and prosecutor objection matter; a hearing is typical.

• Full restitution (or verified ability and plan to pay).
• Documented consent/authorization confusion or civil-style dispute over finances.
• Clean history, steady employment, positive character materials.
• Health or treatment factors tied to the conduct, plus proof of compliance.
• Low risk to reoffend and meaningful community ties.
• Mitigation package – to out your best side forward in front of the judge

• Case is diverted; the court often seals the file (to the public) and places you under supervision up to 2 years.
• Conditions can include restitution, community service, counseling, and staying arrest-free.
• Completion = dismissal and erasure. Failure can return the case to the regular docket.

Bottom line: for § 53a-129c, AR is a stretch—but with meticulous preparation, restitution, and a persuasive “good cause” argument, it is possible for first-time offenders.

• Identity Theft 1st — § 53a-129b
• Identity Theft 3rd — § 53a-129d
• Trafficking in Personal Identifying Information — § 53a-129e
• Criminal Impersonation — § 53a-130
• Forgery — §§ 53a-138 to 53a-142
• Credit-Card Crimes — § 53a-128d et seq.
• Larceny (by value) — §§ 53a-122 to 53a-125b

• Say less, save more: don’t give statements to LP or police; preserve texts, app logs, receipts, bank notices.
• Build a value timeline: transactions, reversals, and any restitution.
• Get counsel early: early interventions can change charge selection and outcomes.

Facing Identity Theft in the Second Degree (C.G.S. § 53a-129c) in Greenwich, Stamford, Darien, Norwalk, Milford, or anywhere in Fairfield County? Get experienced help now.

Allan F. Friedman Criminal Lawyer is ready to step in—confidentially, without judgment, and with a clear plan.

• Call now: (203) 357-5555 (24/7)
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• Learn more: See our Criminal Defense page for strategy, defenses, and next steps

We’ll work to protect your record, control the damage, and fight for the best possible outcome—starting today.