Court reverses identity theft conviction for stolen wallet

The Washington Court of Appeals has reversed a conviction of identity theft, finding that no evidence was presented to prove the defendant would use an identification card and credit card to commit a crime. State v. Williams, 2012 Wash. App. LEXIS 57 (2012).

The defendant had stolen a wallet containing a credit card, identification card, and over $200 cash. Subsequently, he was charged with identity theft and theft.

On appeal, the court iterated an important point: theft of such items alone is not sufficient to prove identity theft. As with the Washington statute, proof must be shown of intent to possess or use that information "in order to commit, aid, or abet a crime." Here, the defendant stole a wallet, not an identity.