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 Idaho, identity theft is addressed under the Idaho Code, specifically in Title 18, Chapter 31, which deals with 'Crimes Against the Person.' The relevant statute, Section 18-3126, defines identity theft as obtaining, possessing, transferring, or using the personal identifying information of another person without the authorization of that person, with the intent to commit a crime. Identity theft can be charged as a misdemeanor or a felony in Idaho, depending on the circumstances of the offense, such as the amount of financial loss involved. Penalties for identity theft in Idaho can include fines, restitution, and imprisonment. Additionally, Idaho law provides for civil remedies, allowing victims of identity theft to seek compensation for their losses. It's important for individuals to understand that identity theft is a serious crime in Idaho, and those accused should seek the assistance of an attorney to navigate the legal implications.