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 West Virginia, identity theft is addressed under the West Virginia Code, specifically in Chapter 61 (Crimes and their Punishment), Article 3 (Crimes Against Property), Section 61-3-54, which defines and penalizes the crime of identity theft. This statute makes it illegal to knowingly and willfully obtain personal identifying information of another person, living or dead, with the intent to commit any unlawful act. The penalties for identity theft in West Virginia can vary depending on the severity of the crime and the amount of financial loss involved. Identity theft can be charged as a misdemeanor or a felony, with more serious cases potentially leading to significant fines and imprisonment. Additionally, the state provides for civil remedies, allowing victims to sue the perpetrator for damages. It is important for individuals to protect their personal information and for victims of identity theft to report the crime to law enforcement agencies. An attorney can provide guidance on the legal options available to those affected by identity theft.