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 New Jersey, identity theft is addressed under the New Jersey Code of Criminal Justice. Specifically, N.J.S.A. 2C:21-17 outlines the crime of 'Identity Theft' and establishes various degrees of the offense based on the extent of the harm, the amount of money involved, and the number of victims affected. Identity theft can range from a fourth-degree crime to a second-degree crime in New Jersey, with penalties increasing with the severity of the offense. The law covers unauthorized use of personal identifying information, obtaining goods or services by fraud, and impersonating another or assuming a false identity to obtain a benefit or to injure or defraud another. Additionally, New Jersey law provides for civil remedies, allowing victims to sue for damages. The state also has specific statutes for the unauthorized use of credit cards (N.J.S.A. 2C:21-6) and for the possession of tools or devices used for the purpose of committing identity theft (N.J.S.A. 2C:21-6.1). It is important for individuals to understand that identity theft is a serious crime in New Jersey, and those accused should seek the assistance of an attorney.