Threatened With Identity Theft Charges After an Account Was Opened With Disputed, Unverified Permission
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 11, 2026
Legal Inquiry
Consumer Legal Issue
Prison pen pal love went bad n broke up. I got a tmobilr internet box in his name with his permission over the phone.i paid the bill monthly n then closed account with a zero balance. Now we broke up and he says I have to give him 600 dollars or he will press identity theft felony chargrs on me. I have never committed a crime before I need help.
The balance is zero, I closed account n I returned the tmobile box when we broke up.
Attorney Answer
Whether opening and paying off the internet account with his alleged phone permission actually protects you from an Ohio identity-theft charge depends entirely on whether that permission can be proven — and separately, demanding $600 while threatening to file criminal charges if you don't pay is itself a potential crime.
Ohio Revised Code § 2913.49 makes it illegal to use, obtain, or possess someone else's personal identifying information without their express or implied consent, with intent to hold yourself out as them or pass the information off as your own. Genuine consent defeats the charge — but only if you can actually show it existed. If you have text messages, call logs, letters, or a witness to the phone call where he agreed to the account, gathering that documentation now is critical. If nothing exists beyond your own memory of the call, it's important to be honest about that gap with any attorney you speak to, rather than assuming consent will be easy to establish.
Separately, threatening to accuse someone of a crime in order to obtain money is its own offense. Under Ohio Revised Code § 2905.11, threatening to make an accusation against someone for the purpose of obtaining money is extortion, a third-degree felony.
What you can do:
1. Gather any texts, call logs, or witnesses documenting his permission for the account.
2. Save records of the $600 demand and the threat to report you.
3. Consider reporting the extortion threat to local police.
4. Speak with a local Ohio criminal defense attorney about both defending against the threatened accusation and evaluating an extortion complaint.
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Frequently Asked Questions
Does having someone's permission to open an account in their name protect against an identity theft charge?
In many states, genuine consent can be a defense to identity theft charges, but it generally needs to be provable through evidence such as messages, call logs, or witnesses rather than memory alone.
Is it illegal to threaten someone with criminal charges to obtain money?
Yes, in many states threatening to accuse someone of a crime in order to obtain money or property can itself constitute extortion, a separate criminal offense.
What evidence helps defend against an identity theft accusation?
Text messages, call logs, written agreements, or witness statements documenting permission for the account can be important evidence, and an attorney can help evaluate what's available.
