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 Rhode Island, identity theft is addressed under Rhode Island General Laws Section 11-49.1, known as the 'Identity Theft Protection Act of 2015.' This law defines identity theft as the unauthorized acquisition, use, or attempted use of another person's personal information for fraudulent purposes, including obtaining credit, goods, services, or medical information. The severity of the penalties for identity theft in Rhode Island depends on the amount of financial loss caused by the crime. Penalties can range from misdemeanors for smaller amounts to felonies for larger amounts, with potential imprisonment and fines. Additionally, the law provides for restitution to the victims and allows for civil action to recover damages. Rhode Island also has laws regarding the security of personal information held by businesses and the requirement to notify individuals of security breaches that may have compromised their personal information.