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 Alabama, identity theft is addressed under the Alabama Criminal Code, specifically in Section 13A-8-192, which defines and penalizes the crime of identity theft. The law considers it a felony to knowingly obtain, possess, or use identifying information of another person without authorization with the intent to defraud for economic gain. Penalties for identity theft in Alabama can vary depending on the circumstances and the amount of financial loss involved, but they generally include fines, restitution, and imprisonment. The severity of the punishment increases with the value of the fraudulent transaction, with more significant amounts leading to more severe penalties. Additionally, Alabama law provides for the possibility of civil remedies, allowing victims 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 promptly.