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 Ohio, identity theft is addressed under the legal term 'identity fraud,' which is codified in the Ohio Revised Code Section 2913.49. This statute makes it illegal to, without the express or implied consent of another person, use, obtain, or possess any personal identifying information of another person with the intent to hold oneself out as the other person, to aid or abet another in holding out as the other person, or to represent the other person's personal identifying information as one's own for the purpose of defrauding that person or a third party. Identity fraud in Ohio can be charged as a misdemeanor or a felony, depending on the circumstances of the crime, such as the value of the credit, money, goods, services, or property obtained and whether the offender has previously been convicted of a felony involving fraud or deceit. Penalties for identity fraud in Ohio can include imprisonment, fines, and restitution to the victims.
