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 Iowa, identity theft is addressed under Iowa Code Section 715A.8, which defines identity theft as the fraudulent use of another individual's personal information with the intent to commit a theft or fraud. This includes using someone's name, address, Social Security number, or credit card information without authorization. Identity theft can be charged as a misdemeanor or a felony in Iowa, depending on the severity of the crime and the amount of financial loss involved. Penalties can range from fines to imprisonment. Additionally, Iowa law allows victims of identity theft to file a police report and seek a civil remedy to recover damages from the perpetrator. It's important for individuals to protect their personal information and for victims of identity theft to report the crime to law enforcement as soon as possible.