How much trouble do you get in if you get caught phishing?

You can get into a lot of trouble for phishing, including jail or prison time.

All states have laws that prohibit acquiring someone's personal information, but not all have laws that specifically address phishing. In fact, only a minority of states have laws that deal specifically with phishing; however, even states that do not have laws specific to phishing, have other laws that can apply to phishing activity, making phishing a crime in every state in the United States.

There is no single Federal law that directly criminalizes phishing, but there are broader federal criminal laws that apply to phishing. Those broader laws can be used to punish those who engage in phishing activity.

Though state laws differ significantly, most categorize phishing as a felony. Even if classified as a misdemeanor, which are considered less serious crimes than felonies, conviction can result in significant criminal penalties. Those penalties can include:

• Jail or prison - Whether considered a misdemeanor or felony, a conviction can result in a year of incarceration. Felonies can result in up to five years.
• Fines - Misdemeanors usually do not exceed a couple thousand dollars. Felonies can be $10,000 or more per offense.
• Restitution - If the victim lost money as a result of phishing activity, the perpetrator may be ordered to pay the victim for their loss. This is in addition to any fines that may be imposed.
• Probation - A phishing conviction can result in a probation sentence, especially if the person has not previously been convicted of a crime. Probation usually is one to three years, but can be longer. Probationary terms may differ, but they usually include regularly reporting to a probation officer, maintaining employment, paying all required fines and restitution, and not committing any more crimes while you are on probation.