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 South Carolina, identity theft is addressed under the South Carolina Code of Laws, particularly in Title 16 (Crimes and Offenses), Chapter 13 (Forgery, Larceny, Embezzlement, False Pretenses and Cheats). Specifically, Section 16-13-510 defines and criminalizes financial identity fraud. This law makes it illegal to use or possess with intent to use the identifying information of another person without their consent to obtain credit, goods, services, or anything of value, or to harm the person whose identity is stolen. Penalties for identity theft in South Carolina can vary depending on the circumstances and the value of the fraud committed, but they can include fines, restitution, and imprisonment. The severity of the punishment typically increases with the value of the fraudulent transaction. Additionally, South Carolina law provides for the rights of victims of identity theft, including the ability to place a fraud alert on their credit reports and to petition the court for a determination of factual innocence if they are wrongfully associated with criminal activity due to identity theft.