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 Arkansas, identity theft is addressed under the Arkansas Code Annotated § 5-37-227, which defines identity theft as the unauthorized use of another person's personal information for the purpose of engaging in certain fraudulent activities, such as obtaining credit, goods, services, or any other thing of value. This crime is classified as a Class D felony if the value of the credit, money, goods, services, or other things obtained or sought is $1,000 or less, and as a Class B felony if the value exceeds $1,000. Penalties for identity theft in Arkansas can include imprisonment, fines, and restitution to the victims. Additionally, Arkansas law provides for enhanced penalties if the victim is elderly or a minor, or if the offender has prior convictions for identity theft. The state also has laws that allow victims of identity theft to place a freeze on their credit reports to prevent further fraudulent activity.