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 North Dakota, identity theft is addressed under the North Dakota Century Code (NDCC) Section 12.1-23-11, which defines the crime as knowingly obtaining, possessing, or transferring another person's personal identifying information without authorization, with the intent to commit, aid, or abet any unlawful activity. Penalties for identity theft in North Dakota can vary depending on the severity of the crime and the amount of financial loss incurred. Identity theft may be charged as a misdemeanor or a felony, with more severe penalties including imprisonment and fines for larger-scale fraud or repeat offenses. Additionally, North Dakota law provides for civil remedies, allowing victims of identity theft to pursue compensation for damages. It is important for individuals to protect their personal information and for victims of identity theft to report the crime to law enforcement agencies. An attorney can provide guidance on the legal options available to individuals affected by identity theft.