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 York State, identity theft is addressed under the New York State Penal Law, specifically in Article 190. Identity theft crimes are classified into different degrees based on the severity of the offense. The degrees range from Identity Theft in the Fourth Degree (a class A misdemeanor) to Identity Theft in the First Degree (a class D felony), with increasing penalties for higher degrees of the crime. The law covers the unauthorized use of personal information, including but not limited to a person's name, Social Security number, credit card number, or other financial identifiers, with the intent to commit fraud or to obtain goods, services, or other benefits. Penalties for identity theft in New York can include imprisonment, fines, and restitution to the victims. Additionally, New York law provides for the offense of Unlawful Possession of Personal Identification Information, which criminalizes the possession of such information with intent to commit identity theft or another crime. Victims of identity theft in New York also have certain rights, including the ability to place a security freeze on their credit reports.