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 Louisiana (LA), identity theft is addressed under the Louisiana Revised Statutes. Specifically, the crime of identity theft is covered under Title 14:67.16, which defines identity theft as the intentional use or possession with intent to use any personal identifying information of another person without lawful authority, for the purpose of obtaining credit, goods, services, or anything else of value without the consent of that person. This includes the use of someone's name, address, date of birth, social security number, driver's license, or government-issued identification number, among other personal information. The penalties for identity theft in Louisiana vary depending on the value of the fraudulent transactions and can range from fines to imprisonment. The state may also impose additional penalties for subsequent offenses or for identity theft that affects a large number of victims. Victims of identity theft in Louisiana have the right to file a police report and may also seek restitution in court for any losses incurred as a result of the crime.