Identity theft is generally a financial crime that involves the use of illegally obtained information about another person—such as name, address, date of birth, Social Security number, and credit card numbers—in order to use existing credit accounts or open new ones in the other person’s name. When this happens, criminals capture the spending power of another person’s credit while sticking the victims (individuals, financial institutions, merchants) with the bill.
Laws regarding identity theft vary from state to state in their naming, classification, and penalties—with criminal offenses such as “Unauthorized Acquisition or Transfer of Certain Financial Information,” “Fraudulent Use or Possession of Identifying Information,” “Unlawful Possession of Personal Identifying Information,” “Identity Theft,” “Identity Fraud,” “False Personation,” or “Criminal Impersonation.”
Laws related to identity theft are generally located in a state’s statutes—often in the penal or criminal code.
In Alaska, identity theft is addressed under the Alaska Statutes, specifically in the section pertaining to offenses against property. According to AS 11.46.290, a person commits the crime of identity theft if they obtain personal identifying information of another person without lawful authority, with the intent to use that information to commit a crime or to aid or abet someone else in committing a crime. Identity theft can be charged as a Class B or Class C felony, depending on the circumstances, such as the value of the credit, money, goods, services, or anything else of value obtained by the offense. Penalties for identity theft in Alaska can include imprisonment, fines, and restitution to the victims. Additionally, Alaska has provisions for a civil action by victims of identity theft under AS 45.48.100, which allows victims to seek actual damages, attorney's fees, and other relief from the perpetrator.