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 Virginia, identity theft is addressed under the Virginia Code, specifically in Section 18.2-186.3, which defines and penalizes identity theft or identity fraud. The law considers it a crime to use another person's identifying information without their consent to obtain money, credit, loans, goods, or services. This includes using or selling another person's information or possessing such information with the intent to defraud. Penalties for identity theft in Virginia can range from a Class 1 misdemeanor for less severe offenses to a Class 6 felony for more serious offenses, including those involving larger amounts of money or multiple victims. The severity of the punishment depends on the circumstances of the crime and the amount of financial loss involved. Virginia also provides for civil remedies, allowing victims to sue the perpetrator for damages. Additionally, Virginia has laws that require businesses to protect personal information and to notify individuals of data breaches that may put them at risk of identity theft.