Yes, romance scams are illegal. They violate federal wire fraud, mail fraud, identity theft, and money laundering statutes, and they violate theft-by-deception laws in every state. A single conviction can carry decades in prison and mandatory restitution to the victim. The catch is that most romance scammers operate from overseas, and prosecuting someone a U.S. court can’t physically reach is a very different problem from writing the law that makes their conduct a crime.
The FBI’s Internet Crime Complaint Center logged nearly 18,000 romance fraud complaints in 2024, with victims collectively losing more than $672 million.1FBI Internet Crime Complaint Center. 2024 IC3 Annual Report Those numbers drive real prosecutions when the defendant can be found.
Federal Crimes a Romance Scammer Commits
Federal prosecutors most commonly charge romance scammers under the wire fraud statute, 18 U.S.C. § 1343. Every deceptive message a scammer sends by internet, phone, or text to extract money can form the basis of a wire fraud count. Conviction carries up to 20 years in prison and fines up to $250,000 per offense under the general federal fines statute, though courts can impose fines tied to actual losses, which in these cases often run much higher.2Office of the Law Revision Counsel. 18 USC 1343 – Fraud by Wire, Radio, or Television3Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
If the scammer received checks, gift cards, or packages through the mail, the mail fraud statute at 18 U.S.C. § 1341 applies separately and carries the same 20-year maximum.4Office of the Law Revision Counsel. 18 USC 1341 – Frauds and Swindles Prosecutors don’t have to prove any particular dollar amount was stolen. The crime is the scheme itself plus the use of interstate wires or mail, which is why federal agencies can step in even when a scam crosses state lines or originated abroad.
Identity Theft Piled on Top
Romance scammers almost always operate under a fake identity, and that adds charges. Under 18 U.S.C. § 1028, creating or using false identification documents to deceive someone is a crime on its own.5Office of the Law Revision Counsel. 18 USC 1028 – Fraud and Related Activity in Connection With Identification Documents, Authentication Features, and Information When a scammer steals a real person’s photos, name, or biographical details to build a persona, that real person becomes a second victim.
The bigger hammer is 18 U.S.C. § 1028A, aggravated identity theft. If a scammer uses another person’s identifying information during a listed felony such as wire fraud, the court tacks on a mandatory two-year prison term that must run consecutively to the fraud sentence. The court cannot shorten the fraud sentence to offset it, and probation is not available for the two-year add-on.6Office of the Law Revision Counsel. 18 USC 1028A – Aggravated Identity Theft
Money Laundering
Romance fraud networks move stolen funds through layers of bank accounts to hide their origin. That triggers federal money laundering charges under 18 U.S.C. § 1956, which carries up to 20 years in prison and fines up to $500,000 or twice the value of the transaction, whichever is greater.7Office of the Law Revision Counsel. 18 USC 1956 – Laundering of Monetary Instruments
State Theft-by-Deception Charges
Federal prosecution tends to target networks or schemes crossing borders. Smaller-scale romance scams that stay within one state are more likely to be charged under state theft-by-deception or larceny laws. The legal theory is the same everywhere: intentionally lying about a material fact to get someone to hand over money or property is a crime.
Severity turns on the amount taken. Every state draws a line between misdemeanor and felony theft, and the thresholds vary widely, from as low as $500 in some states to $2,500 in others. Below the felony line, a conviction typically means up to a year in jail. Above it, sentences of several years in state prison are common and climb with the dollar amount. Many states also add enhanced penalties when the victim is elderly or disabled, which often applies in romance fraud cases.
Prosecutors have to show the victim reasonably relied on the scammer’s false statements when sending money. That element rarely presents a problem here. The whole scheme is built on sustained deception, and the fabricated emergencies scammers use are designed to override a victim’s hesitation.
Getting Money Back: Restitution and Civil Suits
A conviction and a repayment are different things. Federal law helps on the first front: under 18 U.S.C. § 3663A, restitution is mandatory for any fraud or deceit offense where the victim suffered a financial loss.8Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes In one 2023 federal case, the court ordered more than $4.1 million in restitution and forfeiture in a scheme that had defrauded victims of over $8 million.9U.S. Department of Justice. Money Launderer Sentenced for $8 Million Romance Scam Fraud Scheme
A restitution order and an actual payment are two more different things. If the money has been moved offshore or spent, the order sits on paper. Federal authorities can seize whatever assets they find, but romance scam networks are built to move funds quickly.
A civil lawsuit for fraudulent misrepresentation is the other route. The victim has to show the scammer made a false statement, knew it was false, intended the victim to rely on it, and that the victim did rely on it and suffered financial harm. The burden of proof is lower than in a criminal case: more likely than not, rather than beyond a reasonable doubt. Civil claims can include punitive damages, and a successful judgment opens the door to collection tools like wage garnishment.10Consumer Financial Protection Bureau. Can a Debt Collector Take or Garnish My Wages or Benefits? The practical limit is the same as with restitution: a judgment against someone with no reachable assets is not worth much.
Why Overseas Scammers Rarely Face a Courtroom
Most romance scams originate overseas, often run by transnational criminal organizations.11U.S. Immigration and Customs Enforcement. Protect Yourself Against Romance Scams U.S. courts need the defendant physically present to conduct criminal proceedings, which requires an extradition treaty the other country honors, an INTERPOL Red Notice that catches the scammer during travel, or the rare case where the scammer enters the United States voluntarily. Countries frequently refuse or ignore extradition requests for fraud defendants.
This is the single biggest reason romance scam losses are so rarely recovered. HSI and the FBI do pursue international investigations, and when they succeed, courts order restitution. But a scammer sitting in a country with no extradition pressure faces little immediate risk of arrest. Reporting still matters because complaint data feeds larger network cases, but the legal system alone is not a reliable way to get money back.
A Hidden Legal Risk for Victims: Money Mule Liability
There is one legal risk to a romance scam victim that most people never see coming. Scammers sometimes ask victims to receive funds into their personal bank account and forward the money somewhere else, framed as a favor, a business opportunity, or help with a stuck payment. That is called acting as a money mule, and the FBI is direct about it: it is illegal, and you can be prosecuted even if you didn’t realize the money was stolen. Charges can include wire fraud, bank fraud, money laundering, and aggravated identity theft.12Federal Bureau of Investigation. Money Mules
Prosecutors do not need to prove direct knowledge that the funds were stolen. Under the willful blindness doctrine, a jury can infer knowledge if the person was aware of a high probability that the funds were illicit and deliberately avoided learning the truth.13U.S. District Court. Willful Blindness As a Way of Satisfying Knowingly Ignoring obvious red flags, like receiving large sums from strangers and being told not to ask questions, can be enough. If someone you met online asks you to move money through your account for any reason, treat it as a serious warning sign and stop.
What to Do Right Now If It Happened to You
Speed matters in the first hours. If you sent a wire transfer, contact your bank immediately and request a recall. A recall is not guaranteed, but acting fast gives you the best chance of intercepting the funds. Contact both your bank and the receiving bank if you have that information.14BankHelp.gov. I Fell Victim to a Multi-Layer Scam – What Do I Do Next?
File a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov. That data feeds directly into federal investigations.1FBI Internet Crime Complaint Center. 2024 IC3 Annual Report Separately, report the fraud at ReportFraud.ftc.gov, which walks you through questions about the payment method, dollar amount, and how you were contacted.15Consumer Advice. How to Report Fraud at ReportFraud.ftc.gov Neither report guarantees an individual investigation, but both feed pattern-building that leads to larger enforcement actions.
Save every piece of evidence while it’s fresh: screenshots of conversations, email headers, transaction records, phone numbers, and the profile details the scammer used. If a criminal case or civil lawsuit becomes possible later, that documentation is the foundation. File a report with your local police department as well, because a police report establishes the theft under state law and can matter for insurance claims and tax purposes.