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 Maine, identity theft is addressed under the Maine Revised Statutes, Title 17-A: MAINE CRIMINAL CODE, Chapter 43: OFFENSES AGAINST THE PERSON, specifically under section 905-A, which defines 'Identity Theft.' This crime occurs when a person knowingly uses or possesses with intent to use the personal identifying information of another person without authority, with the intent to defraud for economic gain. The severity of the offense can range from a Class D to a Class B crime, depending on factors such as the value obtained or whether the offender has prior convictions. Penalties can include fines, restitution, and imprisonment. Additionally, Maine law provides for civil remedies, allowing victims to sue for damages incurred as a result of identity theft. It is important for individuals in Maine to understand that identity theft is a serious criminal offense with significant legal consequences.