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 North Carolina, identity theft is addressed under the North Carolina General Statutes, specifically N.C.G.S. § 14-113.20, which defines identity theft as the unauthorized use of another person's identifying information for fraudulent purposes. This includes any act of acquiring, transferring, or possessing personal information of another individual with the intent to commit fraud or any other crime. Identity theft is considered a felony in North Carolina, and the severity of the charges can range from a Class G to a Class F felony, depending on factors such as the financial loss involved and the criminal history of the offender. Additionally, victims of identity theft have the right to place a security freeze on their credit reports under N.C.G.S. § 75-60 to prevent further fraudulent activities. North Carolina also provides for restitution to the victims and allows them to seek civil remedies to recover damages from the perpetrator.