The Identity Theft and Assumption Deterrence Act of 1998 is a federal law regarding identity theft, as is the Identity Theft Penalty Enhancement Act of 2004, notes the Office for Victims of Crime. As of 2015, every state has its own identity theft laws, such as California Penal Code 530.5, the Personal Information Trafficking and Mail Theft Prevention Act, states the National Conference of State Legislatures.Continue Reading
Congress passed the Identity Theft and Assumption Deterrence Act of 1998 to make identity theft a federal crime, notes the Office for Victims of Crime. The act amended previous federal laws that were focused on losses to financial institutions rather than individuals, and established the Identity Theft Data Clearinghouse. The law also increased prison sentences and fines for acts of identity theft and closed loopholes regarding the theft of another's identity. The Identity Theft Penalty Enhancement Act of 2004 added aggravated identity theft, in which people steal identities in furtherance of felonies such as immigration violations and theft of Social Security benefits.
California Penal Code 530.5 contains provisions making it illegal to willfully obtain someone else's identity and use it to commit crimes such as falsely obtaining credit, property or medical information, states the National Conference of State Legislatures. The law also makes it illegal to transfer stolen identities to other parties, and sets punishments for acts of identity theft.Learn more about Law