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 Hawaii, identity theft is addressed under Hawaii Revised Statutes Section 708-839.5 to 839.8, which defines various forms of identity theft and related crimes. The law categorizes identity theft into different degrees based on the severity of the offense, which is often determined by the financial harm caused. First-degree identity theft involves the highest amounts of financial damage and is considered a Class A felony, while second and third-degree identity theft involve lesser amounts and are classified as Class B and C felonies, respectively. Additionally, Hawaii law includes provisions for unauthorized possession of confidential personal information and fraudulent use of a credit card, among other related offenses. Penalties for identity theft in Hawaii can include imprisonment, fines, and restitution to the victims. It's important for individuals to understand that these laws are designed to protect personal identifying information and to punish those who misuse such information to commit fraud or theft.