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 Washington (WA) state, identity theft is addressed under the Revised Code of Washington (RCW) 9.35.020, which defines identity theft as knowingly obtaining, possessing, using, or transferring a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime. This crime can be charged as either a Class B or Class C felony, depending on the circumstances, such as the amount of money involved. The law also allows for restitution to the victim, which can include the costs of clearing the victim's credit history and costs related to civil or administrative proceedings to satisfy any debt, lien, or other obligation resulting from the theft of the victim's identity. Additionally, Washington has provisions for a civil cause of action under RCW 9.35.080, where victims can seek damages of $1,000 or actual damages, whichever is greater, and the recovery of attorney's fees and court costs.