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 Utah, identity theft is addressed under the Utah Code, specifically in Title 76, Chapter 6, Part 11, which deals with Identity Fraud. This statute defines identity fraud and outlines the various actions that constitute the offense, including the unauthorized use of another person's personal identifying information for various unlawful purposes, such as obtaining credit, goods, services, or any other thing of value, or to commit a felony. The penalties for identity theft in Utah can range from a class A misdemeanor for less severe offenses to a second-degree felony for more serious violations, such as repeat offenses or causing substantial financial loss. The state also provides for various forms of restitution to victims of identity theft. Additionally, Utah has specific provisions for the possession of a device or software used to commit identity fraud, which is also considered a criminal offense.