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 Maryland, identity theft is addressed under the Maryland Criminal Law Code, specifically in Title 8 - Fraud and Related Crimes. The state classifies identity theft under various sections, including § 8-301, which defines personal identifying information and prohibits the unauthorized use of another person's personal information to obtain credit, goods, services, or anything of value, or to avoid payment of debt. The severity of the crime and the penalties imposed depend on the value of the credit, goods, or services obtained or attempted to be obtained. Penalties can range from misdemeanors for smaller amounts to felonies for larger amounts, with potential imprisonment and fines. Additionally, Maryland law provides for restitution to the victims and allows them to seek a civil action to recover damages from the perpetrator. The state also has provisions for the possession and use of a counterfeit credit card or another person's credit card without consent, as well as for phishing and related computer crimes that often accompany identity theft.