The Identity Theft And Assumption Deterrence Act
The United States Congress enacted the Identity Theft And Assumption Deterrence Act in October of 1998.
This Act makes it a crime when someone:
“knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law.”
Under the Identity Theft And Assumption Deterrence Act, a name, birth certificate or SSN is considered a “means of identification.” So is a credit card number, driver’s license, cellular telephone electronic serial number or any other piece of information that may be used alone or in conjunction with other information to identify a specific individual.
In most instances, a conviction for identity theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used or intended to be used to commit the crime.
Schemes to commit identity theft or fraud also may involve violations of other statutes, such as credit card fraud; computer fraud; mail fraud; wire fraud; financial institution fraud; or Social Security fraud. Each of these federal offenses is a felony and carries substantial penalties - in some cases, as high as 30 years in prison, fines and criminal forfeiture.
More information can be found here: Federal Trade Commission - Identity Theft Laws
To find out if your state has passed any laws related to Identity Theft or provides assistance to victims, you can contact your state’s Attorney General’s Office: Full Contact List for the Attorneys General
The Identity Theft And Assumption Deterrence Act
Sec. 1028. - Fraud And Related Activity In Connection With Identification Documents And Information