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 Mississippi, identity theft is addressed under the Mississippi Code Section 97-19-85, which defines identity theft as obtaining or attempting to obtain personal identifying information of another person without authorization, and with the intent to unlawfully use that information for any fraudulent purpose, including obtaining or attempting to obtain credit, goods, services, or medical information. This crime is considered a felony, and the penalties can include imprisonment, fines, and restitution to the victims. The severity of the punishment often depends on the amount of financial loss suffered by the victim or the number of victims involved. Additionally, Mississippi law provides for civil remedies, allowing victims of identity theft to sue the perpetrator for damages. It is important for individuals to protect their personal information and for victims of identity theft to report the crime to law enforcement agencies as well as to the financial institutions affected.