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 Indiana, identity theft is addressed under Indiana Code Title 35. Criminal Law and Procedure, specifically in IC 35-43-5-3.5, which defines identity deception. The statute makes it illegal to knowingly or intentionally use another person's identifying information without their consent, with the intent to harm or defraud another, or to assume the identity of another person. This includes using personal information such as name, Social Security number, date of birth, or credit card numbers. Identity theft can be charged as a Level 6 felony, which may result in a sentence of six months to two and a half years in prison and a fine of up to $10,000. The severity of the charges can increase depending on the circumstances, such as the value of the fraud, the criminal history of the offender, and whether the victim is a senior citizen or a disabled individual. Additionally, Indiana law provides for restitution to the victims of identity theft, which can include individuals, financial institutions, or merchants.