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 Florida, identity theft is addressed under the Florida Identity Theft and Fraud Act, which can be found in Chapter 817 of the Florida Statutes. This act defines criminal practices involving the unauthorized use of another individual's personal identification information. Florida law classifies identity theft as a felony, with the severity of the charges ranging from a third-degree felony for the fraudulent use of personal identification information involving less than $5,000 or fewer than 10 individuals, up to a first-degree felony for more extensive fraud involving $50,000 or more, or affecting 30 or more individuals. Penalties for identity theft in Florida can include imprisonment, fines, and restitution to the victims. Additionally, Florida has specific statutes that address the possession of another person's identification without consent and the use of a deceased person's identity. Victims of identity theft in Florida also have the right to file a police report and may seek a court order to clear their name or correct records affected by the identity theft.