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 Dakota, identity theft is addressed under the state's penal code, specifically under SDCL 22-40-8, which defines and criminalizes identity theft. The law prohibits the unauthorized use of another person's personal identifying information to obtain credit, goods, services, or anything else of value or to harm the credit or financial standing of the person. The severity of the crime can range from a Class 6 felony to a Class 4 felony, depending on the value of the credit, money, goods, services, or other property received or sought. Additionally, South Dakota law (SDCL 22-40-19) also provides for a civil cause of action for victims of identity theft, allowing them to seek damages from the perpetrator. Penalties for identity theft in South Dakota can include imprisonment, fines, and restitution to the victims for any losses incurred due to the crime.