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 Pennsylvania, identity theft is addressed under the Pennsylvania Crimes Code, specifically in Title 18, Section 4120. The law defines identity theft as the possession or use of someone else's personal information without their consent for unlawful purposes. This includes any act of acquiring, transferring, or using another person's identifying information such as name, Social Security number, or bank account details. The severity of the penalties for identity theft in Pennsylvania depends on the amount of financial loss suffered by the victim. The crime can range from a misdemeanor to a felony, with potential penalties including fines, restitution, and imprisonment. The state also provides for additional civil remedies, allowing victims to sue the perpetrator for damages. It's important for individuals to understand that identity theft is a serious crime in Pennsylvania, and those accused should seek the counsel of an attorney to navigate the legal implications.