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 Montana (MT), identity theft is addressed under the Montana Code Annotated (MCA). Specifically, Title 45, Chapter 6, Part 3 of the MCA deals with offenses involving theft and embezzlement, which includes identity theft. Identity theft is defined as knowingly obtaining or possessing personal identifying information of another person with the intent to commit an unlawful act without that person's authorization. This can include using another person's information to obtain credit, goods, services, or any other thing of value or to harm the person's financial standing. The penalties for identity theft in Montana can vary depending on the severity of the crime and the amount of financial loss incurred by the victim. It is considered a felony offense, and those convicted may face imprisonment, fines, and restitution orders to compensate victims for their losses. Additionally, Montana law provides for specific protections and rights for victims of identity theft, such as the ability to place a security freeze on their credit reports.