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Commonly Asked Questions about Identity Theft Laws

Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception, typically for economic gain.
Identity theft laws under 18 U.S.C. 1028 makes it a crime to misuse someones identifying information, whether personal or financial. Personal identifying information can include social security numbers, drivers license number, credit card or bank account information, and PIN numbers obtained through the internet.
California has specific laws aimed at criminally prosecuting individuals that commit Identity Theft. Penal Code 530.5 makes it illegal to willfully obtain the personal identifying information of another person and possessing/using that information for an unlawful purpose without the consent of that person.
Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and ruin your good name.
The federal crime is aggravated identity theft under 18 U.S.C 1028A is defined as: Anyone who knowingly transfers, possesses, or uses, a means of identification of somebody shall, in addition to the felony penalties, will be sentenced to imprisonment of 2 years, or five years for terrorism.
The Identity Theft and Assumption Deterrence Act In general, the misuse of a persons sensitive information for a variety of unlawful purposes often constitutes a federal offense. The use of a persons information to steal that persons identity constitutes such an offense under this Act.
Identity theft can take place whether the victim is alive or deceased. Identity theft is often a pre-cursor to fraud but is not considered a recordable crime. A recordable crime is committed when a financial gain is made from the use of that persons identity by another individual.