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 Mexico (NM), identity theft is addressed under the New Mexico Identity Theft Act (NMSA 1978, Section 30-16-24.1). This act defines identity theft as the unauthorized obtaining, recording, or accessing of any personal identifying information of another person without the authorization or consent of that person, with the intent to defraud. This includes using or attempting to use the personal identifying information to obtain credit, goods, services, or anything else of value. Identity theft is considered a fourth-degree felony in New Mexico, which can result in significant penalties including imprisonment, fines, and restitution to the victims. Additionally, New Mexico law provides for the possibility of civil action by victims of identity theft to recover damages from the perpetrator. It's important for individuals to understand that identity theft is a serious crime in NM, and the state provides mechanisms for both criminal prosecution and civil redress to deter such activities and compensate victims.