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 Minnesota, identity theft is addressed under Minnesota Statutes Section 609.527, which defines and penalizes identity theft. The law makes it a crime to transfer, possess, or use another person's personal identifying information without their consent, with the intent to commit, aid, or abet any unlawful activity. Penalties for identity theft in Minnesota vary based on the amount of loss incurred by the victim and can range from misdemeanors to felonies. For instance, if the total loss is less than $500, it may be considered a misdemeanor, while losses exceeding that amount can be charged as felonies with increasing severity for higher amounts. The statute also provides for restitution to the victims and allows for civil remedies. Additionally, Minnesota law requires that businesses and government entities notify individuals of unauthorized access to their personal information under certain circumstances, as outlined in the Minnesota Identity Theft Prevention Act.