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 Vermont, identity theft is addressed under Vermont Statutes Title 13, Chapter 87: Fraud, specifically in sections 2001-2030. The law defines identity theft as knowingly obtaining, possessing, transferring, or using the identifying information of another person without the consent of that person, with the intent to commit, aid, or abet any unlawful activity. Penalties for identity theft in Vermont can vary depending on the severity of the crime and the amount of financial loss incurred by the victim. The state may impose fines, restitution, and imprisonment. Vermont also provides for civil remedies, allowing victims to sue the perpetrator for damages. Additionally, Vermont has provisions for the protection of personal information by businesses and the proper disposal of records containing personal information to prevent identity theft. It's important for individuals and entities to understand these regulations to protect themselves and to comply with the law.