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 Wisconsin, identity theft is addressed under the Wisconsin Statutes, specifically in Section 943.201, which defines 'Criminal use of identifying information.' This law makes it illegal to intentionally use, attempt to use, or possess any personal identifying information or entity information without the authorization of the person or entity, with the intent to commit any unlawful act, including harm or fraud. Identity theft can be prosecuted as a felony, and the severity of the charges can vary based on the circumstances of the crime, such as the amount of financial loss or the age of the victim. Penalties can include imprisonment, fines, and restitution to the victims. Additionally, Wisconsin law provides for civil remedies, allowing victims of identity theft to sue the perpetrator for damages. It's important for individuals to protect their personal information and for victims of identity theft to report the crime to law enforcement agencies and to consider seeking advice from an attorney to understand their rights and potential remedies under Wisconsin law.