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 Tennessee, identity theft is addressed under the Tennessee Code Annotated, specifically in Title 39, which covers criminal offenses. The state defines identity theft under TCA § 39-14-150, where it is considered a crime to knowingly obtain, possess, or use the personal identifying information of another individual with the intent to commit an unlawful act without that person's consent. This includes using someone's name, Social Security number, birth date, or financial account numbers. The severity of the offense can range from a Class D felony to a Class B felony, depending on factors such as the monetary value of the theft and the number of victims involved. Penalties for identity theft in Tennessee can include imprisonment, fines, and restitution to the victims. Additionally, Tennessee law provides for a specific offense of 'trafficking in identity' under TCA § 39-14-153, which involves selling or transferring another person's personal information for unlawful purposes. The state also has provisions for victims of identity theft, allowing them to petition the court for a declaration of factual innocence if their identity has been falsely used by another individual charged with a crime.