Under Fraudulent Use or Possession of Identifying Information, a state jail felony applies when the number of items obtained, possessed, transferred, or used is less than ___.

• A. 3
• B. 5
• C. 7
• D. 9

Answer: (B)

In this area, the severity of the offense scales with how many items of identifying information are involved. For fraudulent use or possession of identifying information, a state jail felony is charged when the number of items obtained, possessed, transferred, or used is fewer than five. So the blank is five, meaning four or fewer items trigger the state jail level. If five or more items are involved, the offense steps up to a higher degree of felony (with further increases as the count grows). In practical terms, handling up to four identifying items would be state jail, while five or more leads to more serious penalties.