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 Georgia, identity theft is addressed under the 'Georgia Identity Theft Statute' which is found in the Official Code of Georgia Annotated (O.C.G.A.) § 16-9-120 through § 16-9-127. This statute defines identity theft as the fraudulent use of another person's identifying information without authorization and with the intent to unlawfully benefit financially or to cause financial harm. The law covers a range of actions, including but not limited to, using or possessing someone else's information to obtain credit, goods, services, or medical information. Penalties for identity theft in Georgia can be severe, ranging from misdemeanors to felonies, depending on the circumstances and the value of the fraud. Convictions can result in fines, imprisonment, and restitution to the victims. Additionally, Georgia law allows victims of identity theft to petition the court for a declaration of factual innocence if their identity was falsely used by another individual in the commission of a crime.