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 Delaware, identity theft is addressed under Title 11, Crimes and Criminal Procedure, of the Delaware Code. Specifically, the statutes that deal with identity theft are found in Chapter 5, which outlines specific offenses involving fraud. Delaware law defines identity theft as the intentional acquisition, transfer, or use of another person's personal identifying information without that person's consent, for the purpose of committing a crime or to deceive or defraud. This can include using someone's name, address, Social Security number, or credit card information. Penalties for identity theft in Delaware vary depending on the severity of the crime and the amount of financial loss incurred by the victim. The state may impose fines, restitution, and imprisonment. Additionally, Delaware provides for civil remedies, allowing victims to sue the perpetrator for damages. It is important for individuals who believe they may be victims of identity theft to report the crime to law enforcement and to consult with an attorney to understand their rights and the legal actions they can take.