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 Massachusetts, identity theft is addressed under the Massachusetts General Laws, Chapter 266, Section 37E. This statute defines identity theft as the unauthorized use of another person's personal identifying information to obtain money, credit, goods, services, property, or to commit a crime. The law covers a range of personal information including, but not limited to, name, address, Social Security number, and credit card numbers. Penalties for identity theft in Massachusetts can include imprisonment, fines, or both, and are determined based on the value of the goods or services obtained and the severity of the crime. Additionally, victims of identity theft in Massachusetts have the right to file a police report and may seek a court order to correct records affected by the theft. The state also provides for civil remedies, allowing victims to sue the perpetrator for damages incurred as a result of the identity theft.