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 Illinois, identity theft is addressed under the Illinois Criminal Code (720 ILCS 5/16-30). The law defines identity theft as knowingly using any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property. The severity of the offense and the penalties imposed vary based on the value of the property obtained or attempted to be obtained. Penalties can range from a Class 4 felony for thefts under $300 (which can result in 1-3 years in prison) to a Class X felony for thefts exceeding $100,000 (which can result in 6-30 years in prison). Illinois law also provides for restitution to the victims and allows victims to seek a civil remedy to recover actual damages, attorney's fees, and possibly punitive damages. Additionally, the Illinois Identity Theft Protection Act (815 ILCS 505/2QQ) requires businesses to notify Illinois residents when their personal information has been compromised in a data breach.