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 California, identity theft is defined and penalized under California Penal Code Section 530.5. This statute makes it illegal to willfully obtain someone else's personal identifying information and use it for any unlawful purpose without that person's consent. This includes using another individual's information for financial gain, to obtain goods, services, or medical information, or to commit a crime. Identity theft can be charged as a misdemeanor or a felony in California, depending on the circumstances and the amount of loss involved. Penalties can include fines, restitution to the victims, and imprisonment. California also has specific laws that address the possession of personal identifying information with the intent to defraud (California Penal Code Section 530.55), and the sale or transfer of such information (California Penal Code Section 530.5(a)). These laws reflect California's comprehensive approach to combating identity theft and protecting residents' personal information.