C.G.S. § 53a-129d — Identity Theft in the Third Degree (Class D Felony)

Connecticut treats “identity theft” as using someone else’s personal identifying information—like a name, date of birth, SSN, driver’s license, bank or card numbers, or biometrics—to try to get money, credit, goods, services, property, or medical information without that person’s consent. Third-degree identity theft (§ 53a-129d) is the catch-all felony level used when the case doesn’t meet the higher-value or elderly-victim thresholds of first- or second-degree identity theft.

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

1. Use of personal identifying information of another person;
2. Knowing conduct (not an accident or misunderstanding);
3. To obtain or attempt to obtain money, credit, goods, services, property, or medical information;
4. Without the person’s consent; and
5. The facts do not elevate the case to § 53a-129b or § 53a-129c (higher degrees based on value or the alleged victim’s age).

Identity theft in the third degree is a Class D felony: up to 5 years in prison, up to a $5,000 fine, and potential probation, restitution, and long-term collateral consequences.

• Retail/Greenwich Avenue cases: a “mule” tries to buy merchandise with a cloned or fraudulently opened card.
• Account takeovers: using someone’s DOB/SSN to open a cell-phone or utility account.
• Check/ACH fraud: using stolen checks or routing/account numbers.
• Medical/insurance lookups: accessing another person’s medical info or benefits without consent.
• Mailbox fishing / stolen mail: using what’s pulled to cash checks or change addresses.

• Consent/authorization: you were an authorized user or had permission (texts, emails, and prior patterns of use help).
• No “use” or “attempt”: mere possession or curiosity isn’t the crime; the statute requires using the info to obtain or attempt to obtain something of value.
• Degree/value challenges: even if identity theft is charged, facts may not support a higher degree; keeping it at § 129d reduces exposure.
• Mistaken identity/insufficient proof: poor video, unreliable eyewitnesses, or weak digital forensics.
• Illegally obtained evidence: suppression where stops, searches, or device extractions violated rights.
• Negotiated outcomes: early restitution, financial records, character materials, and treatment plans can materially improve results.

A shopper attempts to buy $800 in clothing on Greenwich Avenue with a counterfeit card encoded with a stranger’s number. Store loss-prevention detains him; police recover multiple cards and a receipt showing the attempted $800 purchase. The State files § 53a-129d (identity theft 3rd) and Attempted Larceny; Conspiracy if others were coordinating.

Someone uses a former roommate’s name, DOB, and SSN to open a phone line and runs up $1,200. Because the amount is between $500 and $5,000 and the victim is under 60, prosecutors charge § 53a-129d, plus a larceny count tied to value and Forgery for the e-signature.

A mailbox thief captures a check, alters the payee, and mobile-deposits it with the bank’s app. That’s a knowing use of personal identifying information to obtain money. Charges: § 53a-129d, Forgery, and a larceny count tied to the check amount.

Your spouse says, “Use my card and PIN for groceries today.” You do exactly that. Even though you used someone else’s account info, you had consent, and you used it for the authorized purpose. That is not identity theft. (Documentation of permission is key when disputes arise later.)

• Identity Theft 1st — § 53a-129b
• Identity Theft 2nd — § 53a-129c
• 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

• Do not make statements to loss-prevention or police without counsel.
• Preserve evidence: bank/app logs, texts/emails showing permission, receipts, and location data.
• Get in front of restitution if appropriate—early repayment can change outcomes.
• Call a lawyer who handles these cases daily. We defend identity-theft and financial-crime arrests across Greenwich, Stamford, Darien, Norwalk, Milford, and all Connecticut courts.

If you’re being investigated or charged with Identity Theft in the Third Degree (C.G.S. § 53a-129d) in Greenwich, Stamford, Darien, Norwalk, Milford, or anywhere in Fairfield County, act quickly and get experienced help.

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)
• Message us: Visit our Contact Page for a quick callback
• 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.