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 Kentucky, identity theft is addressed under the Kentucky Revised Statutes (KRS) in Chapter 514, which deals with theft and related offenses. Specifically, KRS 514.160 defines identity theft as the intentional use of another person's identifying information without their consent to obtain money, goods, services, or anything else of value or to avoid payment of debt. This crime is classified as a felony, and the severity of the charges can range from a Class D to a Class B felony, depending on the amount of financial loss involved. Penalties for identity theft in Kentucky can include imprisonment, fines, and restitution to the victims. Additionally, Kentucky law provides for the possibility of civil action by victims of identity theft to recover damages. It's important for individuals to understand that identity theft is a serious crime in Kentucky, and those accused should seek the counsel of an attorney to navigate the legal implications.