English
Español2203. Aggravated identity theft
A person commits the offense of aggravated identity theft when the person commits the offense of identity theft as; set forth in section 2202, subsection (a) against:
(1) A person who is 60 years of age or older;
(2) A dependent adult, as defined in 34 V.I.C. § 452; or
(3) A person who is less than 18 years of age.
(b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person’s identifying information or document.
(c) A defense to aggravated identity theft:
(1) as set forth in subsection (a)(l) of this section does not exist merely because the accused reasonably believed the victim to be a person less than 60 years of age; or
(2) as set forth in subsection (a)(2) of this section does not exist merely because the accused reasonably believed that the victim was not a dependent adult; or
(3) as set forth in subsection (a)(3) does not exist merely because the accused reasonably believed the victim to be a person over the age of 18.
(d) Sentence. Aggravated identity theft of any amount is a felony punishable by a fine up to $10,000 and by a term of imprisonment of up to 15 years for the first conviction:
A person who has been previously convicted of aggravated identity theft, who is convicted of a second or subsequent offense of aggravated identity theft, shall be punished by a term of imprisonment of not less than 6 years but not more than 30 years.
