STATE LAWS

Identity theft laws and laws regarding consumer protection vary from state to state. It is important for service providers, advocates, and professionals to be aware of the laws in their state that may impact the victims or clientele they are assisting.

Alabama

Identity Theft Laws

Law What it Addresses
Statute: §13A-8-192 Identity theft is considered a class B felony.  Any prosecution shall be commenced within seven years of the crime.
Statute: 13A-8-193 Trafficking in stolen identities.  Trafficking in stolen identities is a Class B felony.
Statute: §13A-8-196 Addresses issue of jurisdiction of where crime was committed.
Statute: §13A-9-14(b) Fraudulent use of a credit card or debit card.
Statute: §13A-8-195 Restitution for financial loss.
Statute: §13A-8-199 Law for filing a civil suit regarding identity theft.
Statute: §13A-8-197 Court records to reflect innocence of victim.
Statute: §13A-8-200 Allows for a block on false information in credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Alaska

Identity Theft Laws

Law What it Addresses
HB 65

Relating to breaches of security involving personal information, credit report and credit score, security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings.

AS Sec. 45.48.010-090 Alaska Personal Information Protection Act – Covers a number of protections for personal information, including: data breach notification, the placing of a security freeze on consumer credit report, restrictions on the use of personal information, the disposal of records containing personal information, allowing for a factual declaration of innocence, and truncation of card information.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Arizona

Identity Theft Laws

Law What it Addresses
A.R.S. 13-2008  Defines what is considered identity theft in the state of Arizona.  Identified as a Class 4 felony.
A.R.S. 44-1372 Defines what type of electronic mail is considered “unsolicited commercial electronic mail” (spam).
A.R.S. 44-7601 Law regarding the discarding and disposing of records containing personal identifying information; civil penalty; enforcement; and definition.
A.R.S. 44-7701 Retention of customer information; transmission to third parties prohibited; enforcement; and civil penalties.
A.R.S. 12-771

A.R.S. 12-772

A.R.S. 13-4440

Laws regarding when somebody is charged for a crime they did not commit due to identity theft.
A.R.S. 44-1698 Security freeze on credit reports and credit scores; fees; and definition.
A.R.S. 44-1698-01 Consumer credit reports; extension of credit; identity theft; and definition.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Arkansas

Identity Theft Laws

Law What it Addresses
§ 5-37-227 Defines what is considered financial identity fraud and the penalties for committing this crime, not just against consumers but also against the elderly and disabled. Also addresses the victim’s right to restitution.  Amended to include unlawful possession of a skimmer.
ACA 5-36-103, 5-36-105, 5-36-106 and
5-37-207
Clarifies that the offenses of theft and fraudulent use of a credit card includes the unlawful use of credit card account numbers; and for other purposes.
§ 4-110 Consumer Protection Against Computer Spyware Act covers laws governing spyware on computers and unauthorized collection and use of electronic data and personal identifying information (PII).
§ 5-41-103 Defines the criminal offenses of computer fraud and computer trespass.
§ 4-110-101 to 105 Personal Information Protection Act – to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information.

Also covers the destruction of documents when no longer necessary and the disclosure of security breaches.

§ 4-86-107 Prohibiting the misappropriate post or display of Social Security numbers.
§ 5-37-228 Requires that a law enforcement agency take a report from an individual claiming to be a victim of financial identity theft and give that person a copy of the report.
§ 4-112-101 AR Consumer Report Security Freeze Act

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

California

Identity Theft Laws

Law What it Addresses
California Penal Code 1798.92-97 The main laws regarding identity theft in California.
California Penal Code Section 528 – 39 The laws explaining false impersonation in California.
California Penal Code Section 530.5-6 The right to file a police report of identity theft with your local police department or sheriff’s office, even if the crime was committed elsewhere.
California Penal Code Section 530.8;

Fair Credit Reporting Act Section 609(e) [15 United States Code § 1681g]

The right to copies of documents relating to fraudulent transactions or accounts created using your personal information
California Civil Code Sections 1785.16(k),1785.16.1, 1785.16.3, 1785.203(b);

Fair Credit Reporting Act Section 605B [15 United States Code § 1681c-2].

The right to have information resulting from identity theft removed (blocked) from your credit reporting agency files.
California Penal Code Section 1785.15.3(b) In the state of CA, you can receive up to 12 free credit reports (one per month) with a police report.
California Civil Code Section 1798.11.2 Laws pertaining to freezing a consumer’s credit reports in California.
California Civil Code 1798-.78 A consumers rights regarding personal data
California Civil Code Section 1788.18.  The right to stop debt collection actions related to a debt resulting from identity theft. Before resuming collection, the collector must make a good faith determination that the evidence does not establish that the consumer is not responsible for the debt.
California Civil Code Section 1798.93 The right to bring an action or assert defense against anyone claiming a right to money or property in connection with a transaction resulting from identity theft.  Criminal identity theft victims have additional rights.
California Penal Code Section 530.6 Criminal identity theft victims have the right to an expedited proceeding in Superior Court for getting a judge’s order finding that an individual is factually innocent. The judge may order the deletion, sealing, or labeling of records.
California Penal Code Sections 530.6-530.7 Identity Theft Victim Registry (criminal identity theft victims only)

 

SB 1386 Laws regarding information breaches and how an entity is to proceed in investigating, mitigating, informing potential victims and dispensing restitution if need be.
AB 1298 Medical Information Confidentiality, Security Freeze, Security Breach Notification
Cal. Civ. Code §§ 56.06,Cal. Civ. Code. §§ 1275-1289.5

SB 46AB 1149 (extends coverage to local agencies), AB 1710,  SB 24

Law regarding a consumer’s health and medical information.
§ 17529,   § 17538.45 Laws regarding spam, how to regulate it and how to report it.
SB 641 Fair Debt Buying Practices Act. Covers the selling of debts and the rights of a consumer if they do or do not receive notice of judgement for a debt.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Colorado

Identity Theft Laws

Law What it Addresses
§18-5-902 Defines what is considered identity theft.
§18-5-702 Law regarding financial transactions.
§6-1-715
§24-72.3-102
Privacy and handling of Social Security numbers.
§6-1-713 Proper disposal of documentation.
§16-5-103 Requires law enforcement to take the report of a consumer who claims they are a victim of identity theft.
§ 6-1-716 Law regarding information security breaches.
§12-14.3-106.6 States the laws regarding applying for the security freeze for credit reports in Colorado.
§12-14.3-106.5 Laws allowing victims of identity theft to block the reporting of fraudulent accounts on their credit reports.
§16-5-103 Process and protections for victims of criminal impersonation.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Connecticut

Identity Theft Laws

Law What it Addresses
§53a-129a Defines identity theft.
§53a-130 Law defining criminal impersonation.
§54-1n Reporting identity theft to law enforcement.
§54-93a Correcting Public Record Containing False Information as a result of identity theft.
§42-471 Privacy protection and safeguarding law.
§36a-701a Security freeze law.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Delaware

Identity Theft Laws

Law What it Addresses
11 § 854 Outlines what is considered identity theft. Classified as a class D felony.
11 § 903

11 § 903A

Outlines what is considered an illegal use of payment cards. Talks about scanning devices, skimming, recording card information and memorizing.
6 § 2204 Requires that a police officer take the report of any consumer who says they are a victim of identity theft.
6 § 2203 Outlines how consumers in DE can apply for a credit freeze.
§12B-101 through 104 Online what individuals and companies are responsible for in the event of an information breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

District of Columbia

Identity Theft Laws

Law What it Addresses
§§ 22-3227.01 to 22-3227.08 The main law regarding identity theft, jurisdiction identity theft is tried in, and the right to seek restitution.
§22-3223 Law regarding obtaining and  illegally using or falsifying of payment cards.
§22-3277 The right to file a police report of identity theft with your local police department or sheriff’s office, even if the crime was committed elsewhere.
§22-3277 The right to have information resulting from identity theft removed (blocked) from your personal, public record.
§§ 28-3861 to 28-3864 Law pertaining to freezing a consumer’s credit reports.
§28-3852 Law regarding information breaches and how an entity is to proceed in investigating, mitigating, informing potential victims and dispensing restitution if need be.

Click here to view the Elder Justice Financial Exploitation Statutes for this district, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Florida

Identity Theft Laws

Law What it Addresses
§817.568 Identifies what is considered identity theft.

Court order to correct public records.

§817.59 Use of payment cards or card information.
§817.625 Use of skimming or scanning devices to record information.
§501.005 Law outlining how to apply for a credit freeze.
§817.5681 Law outlining notification in the event of a breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Georgia

Identity Theft Laws

Law What it Addresses
§16-9-120 Law outlining what is identity theft.
§16-9-123 Who has the authority to investigate identity theft.
§16-9-31 Use of payment cards for fraudulent purposes.
§ 16-9-109.1 Law regarding what is considered phishing.
§16-9-152 Law regarding spyware on electronic devices.
§10-15-2 Proper disposal of records and documentation.
§16-9-125.1 Mandatory police report law.
§10-1-911 – 912 Laws regarding security breaches.
§10-1-913 – 914 Laws governing freezing credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Hawaii

Identity Theft Laws

Law What it Addresses
§708-839.6-8

 

Outlines what is identity theft and the various degrees of the crime.
§708-839.55 Defines personal identifying information (PII) and the penalties of possessing or using PII illegally.
§710-1016.3

§710-1016.4

Obtaining and/or falsifying government issued identification.
§708-8101 Falsifying insurance information.
§708-8102

§708-8100

Outlines credit card theft and illegal use of credit cards.
§487R

§487N

Proper disposal of physical and electronic records, punishments for not following proper procedure.

Security breach notification laws.

§487J Outlines the proper use of Social Security numbers by government agencies and businesses.
§489P-3 Law outlining applying for a security freeze on a consumer’s credit report and the possible fees.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Idaho

Identity Theft Laws

Law What it Addresses
§ 18-3124 Fraudulent use of financial cards and numbers.
§ 18-3125 Criminal possession of financial card/ numbers and forgeries.
§ 18-3126 Illegal use of personal identifying information (PII).
§ 18-3127 Receiving or possessing fraudulently obtained goods or services.
§ 48-603E Law defining spam.
Title 28 Ch. 51 Law outlining identity theft.
28-51-104 Law outlining breaches and how to notify consumers.
§28-52-107 Law outlining how to apply for a credit freeze in Idaho.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Illinois

Identity Theft Laws

Law What it Addresses
§720 ILCS 5/Art. 16, Subdiv. 15 Laws outlining identity theft, the penalties and jurisdiction of crime.
§15 ILCS 335/14B Law outlining use of fraudulent identification cards and financial cards.
§740 ILCS / 7 Law outlining phishing and the penalties.
SB2400 Law governing biometrics.
§720 ILCS 5/16G-30 Mandatory police reporting law and law covering criminal identity theft.
§ 225 ILCS 425/1 Law requires debt collectors to cease collection activities after a law enforcement report of identity theft and other proof of identity theft.
§815 ILCS 505/2MM Law outlining the credit freeze process in IL.
§815 ILCS 530: Law outlining information breaches and notification processes.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Indiana

Identity Theft Laws

Law What it Addresses
IC 24-526-1 Laws outlining what is considered Identity theft and “identifying information” in the state of Indiana.
IC 35-32-2-1 Defines area of jurisdiction.
IC 35-43-5-2 Misuse and forging of government identification cards.
IC 35-43-5-4 Misuse and fraud using financial cards (credit cards).
IC 35-43-5-4.3 Using skimming devices to obtain information off of financial cards.
IC 24-4.8 Use of spyware to obtain personal identifying information (PII).
IC 4-1-10 Protection and use of Social Security Numbers.
IC 24-4-14 Proper disposal of PII.
IC 35-38-1-2.5 Court order correcting a victim’s record due to identity theft.
IC 24-5-24-9 Law outlining security freezing of credit reports and how a consumer can apply for it.
IC 4-1-11 Laws regarding security breaches and breach notification.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Iowa

Identity Theft Laws

Law What it Addresses
§715A.8 Laws outlining identity theft, defining jurisdiction and mandating that law enforcement take a report.
§715A.9 Value for purposes of identity theft under the Forgery and Related Fraudulent Criminal Acts.
§715A.6 Law regarding stealing or forging payment cards like credit cards.
§715.4 Law regarding the use of spyware to obtain personal identifying information (PII) or disable programs or devices
Security Freeze Law Law regarding how to apply for the security freeze on a consumers credit report
Security Breach Law Regarding the breach of PII and the responsibilities of the entity that was breached.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Kansas

Identity Theft Laws

Law What it Addresses
21-6107 Laws defining identity theft; identity fraud.
21-6108 Illegal to use a scanning device to obtain information off of a payment card
§50-723-24 Laws regarding how to apply for the security freeze on a consumers credit report
§50-7a01 – 7a04

 

Regarding the breach of personal identifying information and the responsibilities of the entity that was breached.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Kentucky

Identity Theft Laws

Law What it Addresses
§514.160

§514.170

Laws outlining identity theft in KY.
§434.570

§434.872

Obtaining, using, purchasing and falsifying financial information or payment cards.
§434.675 Use of scanning devices to obtain financial information from payment cards.
§367.365 Law outlining applying for a credit freeze in KY.
§532.034

§411.210

How to apply for restitution or file a civil suit against the thief.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Louisiana

Identity Theft Laws

Law What it Addresses
RS 14:67 Law outlining identity theft and the penalties.
RS 51:2021 Laws defining what is considered phishing.
RS 14:67.22 Fraudulent acquisition of a credit card
RS 14:72.3

RS 9:3568

Laws regarding the Identification of alleged offender and the filing of police reports with the LA Department of Justice or local law enforcement agency.

RS 9:3571.3

Allows consumers to freeze their credit reports.
RS 51:3074 Law regarding requirements in the event of a security breach

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Maine

Identity Theft Laws

Law What it Addresses
17A§905-A Misuse of personal identification.
17A§905-B Use of scanning devices to record personal identifying information (PII) or financial information.
10§1350-B Requires law enforcement to take a report of identity theft.
File Freeze Law Details the process for placing credit freezes with each of the three major credit reporting agencies.
10§1348 Law requiring proper procedure in the event of a security breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Maryland

Identity Theft Laws

Law What it Addresses
§8.301 Law outlining identity theft in MD, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§8-302

§8-303

Illegal to produce, sell, or create false identification.
§8.304 Requires law enforcement to take a report of identity theft.
§14-1212.1 Defines account review and security freeze process.
§14-3501 through 3508 Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Massachusetts

Identity Theft Laws

Law What it Addresses
266 § 37E

266 § 37B

266 § 37C

Laws outlining identity theft in MA, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Police are required to take a report of identity theft.
201 CMR 17.00 Minimum requirements to protect personal identifying information (PII).
93I § 1-3 Proper destruction of records.
93 § 62A Defines the process for placing, removing and lifting of a security freeze.
93H § 1-6 Law outlining the proper procedure for handling and mitigating an information breach.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Michigan

Identity Theft Laws

Law What it Addresses
§445.65 Law outlining identity theft in MI, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Police are required to take a report of identity theft.
§750.157p

§750.539k

Use and misuse of payment cards and scanning devices.
§780.754a Requires law enforcement take a report of identity theft.
§445.903

§445.81 through 445.87

Proper and improper disclosing and gathering of Social Security numbers.
§445.72

§445.72a

Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Minnesota

Identity Theft Laws

Law What it Addresses
§609.527

§ 628.26

Laws outlining identity theft in MI, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Defines phishing and how it is prosecuted. Law enforcement is required to take any report of identity theft. Victims are entitled to free copies of court documents relating to their case upon written request.
§609.652 Law regarding the use and illegal use/forging of Driver’s Licenses and ID cards.
§609.821

§325E.64

Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§325E.59 Law regarding how transmission and sharing of Social Security numbers.
§13.04 Right to correct fraudulent criminal history.
§325E.61

§325E.64

Laws regarding proper procedure in the event of an information security breach.
§13C.016 Law regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Mississippi

Identity Theft Laws

Law What it Addresses
§97-45-19

§97-45-1

§97-19-85

§97-9-79

§99-19-401

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§97-45-27 Law concerning criminal identity theft and expunging fraudulent criminal charges.
§97-19-13

§97-19-31

§97-19-11

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§75-24-201 through 217(must scroll through relevant sections) Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Missouri

Identity Theft Laws

Law What it Addresses
610.035 RSMo State entity not to disclose Social Security number, exceptions.
569.095 to 569.099 RSMo Computer tampering law.
407.1070 to 407.1110 RSMo Telemarketing and phone solicitation.
407.1135 to 407.1141 RSMo Unsolicited Commercial E-Mail prohibited.
407.430 to 407.436 RSMo Confidential and secure handling of credit card information.
570.223 RSMo Defines identity theft.
570.224 RSMo Trafficking stolen identities.
570.380 RSMo Manufacture or possess forged identification.
302.170, RSMo 32.091 RSMo Options for obtaining REAL ID Act compliant license, confidentiality of Driver’s License information.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Montana

Identity Theft Laws

Law What it Addresses
§45-6-332 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§45-6-317 Law regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§30-14-1703

§30-14-1704

Proper disposal of records and documents and security breaches
§30-14-1726 through 1736 Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Nebraska

Identity Theft Laws

Law What it Addresses
§28-608 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§48-237 Proper use and transmission of Social Security numbers
§28-620

§28-621

§28-622

§28-623

§28-634

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§8-2601 to 8-2615 Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Nevada

Identity Theft Laws

Law What it Addresses
§205.4617

§205.463

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§205.464

§205.465

§205.46513

Proper use and transmission of Social Security numbers.
§205.680

§205.710

§205.750

§205.760

§205.800

§205.601

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
603A.200 Proper and improper destruction and disposal of information.
§205.46517 Reporting identity theft in cases of criminal charges.
§598C.300 Law regarding application and terms of a credit freeze.
§603A.220 Law regarding breaching of information and security.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

New Hampshire

Identity Theft Laws

Law What it Addresses
§638-26

§638-25

§359-I

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§359-H:1 through H:6 Use of spyware to obtain PII.
§638:5

§638:29

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§359-B:29 Law enforcement is required to take reports of identity theft.
§359-I Law regarding civil suits and court orders regarding identity theft.
§359-B-23 through B-26 Laws regarding application and terms of a credit freeze.
§359-C-20 Law regarding breaching of information and security.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

New Jersey

Identity Theft Laws

Law What it Addresses
§2C:21-17 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§2C:21-2.1 Falsifying and counterfeiting government documents and identification.
§C.56:8-162 Improper disposal of records.
§2C:21-6 Law regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§2C:21-17.5 Petition the courts to remove charges due to identity theft from a victim’s record.
§56-8-164 Proper and improper transmission of Social Security numbers.
§2C:21-17.6: Law enforcement is required to take reports of identity theft.
§2C:21-17.4

§2C:21:17.1

Laws regarding civil suits and court orders regarding identity theft.
§C.56:11-46 Laws regarding application and terms of a credit freeze.
§56:8-163 Laws regarding breaching of information and security
§56:11-51 Denial of credit due to identity theft

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

New Mexico

Identity Theft Laws

Law What it Addresses
§30-16-24.1 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Covers laws prohibiting phishing.
§30-16-10 Falsifying and counterfeiting government documents and identification.
§30-16-33

§30-16-30

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§ 57-12B-1 though 4 Proper and improper transmission of Social Security numbers.
§56-3A1 though 6 Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

New York

Identity Theft Laws

Law What it Addresses
§190.77 through §190.84

§20.40(l)

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
General Business Law §399-H

State Technology Law § Article 2:201-208

Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§165.17

§155.30

§165.45

§190.85

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§390-B Law defining and governing phishing.
§399-DD

Public Officers 96A

Labor: 203-d

Proper and improper transmission of Social Security numbers.
General Business Law §380-t Law regarding application and terms of a credit freeze.
Executive Law: §646 Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.
General Business Law §29-HH Debt collectors must stop attempts to collect when notified the debtor is a victim of identity theft and provided with a valid police report and written statement supported by documentation.
General Business Law §399-E Consumers cannot be denied credit based solely on the fact that they are a victim of identity theft as long as they have and have filed and produced a law enforcement report.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

North Carolina

Identity Theft Laws

Law What it Addresses
§14.113.20

§14-113.20A

§14.113.21

§14-113.23

Laws outlining identity theft and persona identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§14-113.22

§1-539.2C

Restitution for victims, obtaining court documents and civil suits.
§75-64

§75-65

Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§14-113.9

§14-113.10

§14-113.11

§14-113.13

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
15A-502

§15A-147

Laws regarding criminal identity theft and the removal of fraudulent charges.
§75-62

§75-66

Proper and improper transmission of social security numbers PII.
§75-63 Law regarding application and terms of a credit freeze.
§14-113.21A Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

North Dakota

Identity Theft Laws

Law What it Addresses
§12.1-23-11

§12.1-23-12

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§51-27-10 Law defining and criminalizing phishing.
51-30 Law regarding security breaches putting consumers at risk of identity theft.
§51-31-04 Law regarding criminal identity theft and the removal of fraudulent charges.
§51-33

§51-31

Laws regarding application and terms of a credit freeze and fraud alerts.
§51-31 Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Ohio

Identity Theft Laws

Law What it Addresses
§2913.49 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§1349.19

§1347.12

Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§2913.21

§2913.71

Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§149.45 Proper and improper transmission of Social Security numbers.
§1349.52 Law regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Oklahoma

Identity Theft Laws

Law What it Addresses
§21:1533.1 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§15.776.8 through 776.12

§15.776.1

§15.776.20 through 776.23

Laws regarding phishing, defining it and prosecution.

Falsifying caller ID.

§22:18(9) Expungement of fraudulent criminal records.
§21:550.2

§21.1550.2

Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§21-1533.2 Illegal to obtain PII from an employee or other person associated with a financial institution.
§24:161 Law regarding security breaches.
§24:149-159 Laws regarding application and terms of a credit freeze.
§1533.3 Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.
§21.1533.1 Law regarding a victim’s right to restitution or a civil suit against the thief.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Oregon

Identity Theft Laws

Law What it Addresses
§165.800

§165.803

§131:315

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§165.810

§165.813

§807.500

§165.055

§165.074

Illegal possession and use of identification cards and devices. Pertains to payment cards as well. Use of scanning devices or skimmers to obtain PII and payment card information.
§646A.622 Proper disposal of records
§646A.620 Law regarding transmission of Social Security numbers or printing full numbers on documentation. Laws regarding collection and use.
§646A.604 Law regarding security breaches.
§646A.606 through 618 Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Pennsylvania

Identity Theft Laws

Law What it Addresses
18 § 4120 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

Police can take a report from a person claiming to be a victim of identity theft at face value.

18 § 4106 Using skimming devices to obtain card information, codes or account numbers  to commit fraud.
18 § 7611

18 § 7615

Illegal use of a computer, publishing passcodes, PII, or confidential information. Illegally giving authorization or access of PII to a third party to commit fraud
73 § 2302 Law regarding security breaches.
SB 180 Law regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Rhode Island

Identity Theft Laws

Law What it Addresses
§11-49.1 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§11-49-3

§11-49-4

Obtaining credit card information by fraud.
§11-52.2 Illegal use of a computer, software, to gain PII for fraud.
§6-48-8 Printing, transmitting, and appropriate request for Social Security numbers.
§11-49.2 Law regarding security breaches.
§6-48-1 through 7 Laws regarding application and terms of a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

South Carolina

Identity Theft Laws

Law What it Addresses
§16-13-510 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§16-14-20

§16-14-30

§16-14-40

§16-14-50

§16-14-60

Laws regarding illegal obtaining and use of payment card information.
Title 37 Chapter 20 Consumer Protection Code covers the following: Disposal of documents, security breaches and public display of PII, law enforcement must take a consumer’s report of identity theft, court records must reflect the innocence of an identity theft victim in the case of criminal identity theft and law regarding the application and terms for a credit freeze.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

South Dakota

Identity Theft Laws

Law What it Addresses
§22-40.8

§22-40-9

§22-40-1

§22-40-10

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§22-30A-8.1 Law regarding illegal obtaining and use of payment card information.
§22-40-11 through 14 It is illegal to use a scanning device to collection information from payment cards for the purposes of fraud.
§1-27-44

§32-12-17.13

Defines illegal transmission or posting of Social Security numbers.
§54-15-1 through 54-15-16 How consumers can apply for a credit freeze and how it affects their credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Tennesse

Identity Theft Laws

Law What it Addresses
§39-14-150

§39-16-301

§39-16-303

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§39-14-118 Law regarding illegal obtaining and use of payment card information.
§55-50-602 Law regarding illegal use or counterfeiting of government issued identification.
§47-18-5201 through 05 Definition of phishing for the purposes of identity theft.
§47-18-2110 Limits the transmission and posting of Social Security numbers.
§39-14-150

§47-18-2107

Proper and improper disposal of records and PII. Security Breach Laws.
§47-18-2108 Law regarding security freezes for credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Texas

Identity Theft Laws

Law What it Addresses
Penal Code §32.51

Business & Commerce Code §48.101

Code of Criminal Procedure: §13.29

Code of Criminal Procedure: §12.01

Laws outlining identity theft and personal identifying information (PII).  Identifies the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
Penal Code: §32.31

Penal Code: §32.32

Business & Commerce: §35.64

Laws regarding illegal obtaining and use of payment card information.
Code of Criminal Procedure: §2.29 Law enforcement is required to take a report of identity theft for any consumer.
Business & Commerce: §35.60 Use of a scanning device to obtain financial information for fraudulent purposes.
Business & Commerce: §48.001 through 005

§48.001 to 48.102

Definition of phishing for the purposes of identity theft. Use of spyware software to obtain PII.
Business & Commerce Code: §35.585

Finance Code: §392.303

A victim cannot be discriminated against obtaining a credit card solely on the fact that they are a victim of identity theft. Creditors cannot continue to peruse a victim of identity theft for payment after being notified and receiving a police report.
Business & Commerce: 35.58

Business & Commerce: §35.581

Limits the transmission and posting of Social Security numbers.
Business & Commerce: §48.102

Business & Commerce: §48.103

Proper and improper disposal of records and PII. Security Breach Laws.
Business & Commerce Code: §35.595 What banks are and are not required to do and who they are required to notify in the case of check fraud and identity theft.
Business & Commerce Code: §20.034-039

Business & Commerce Code: §20.031-033

Laws regarding security freezes for credit reports.
Consumers can place a security alerts on their credit reports.
Business & Commerce Code: §48.202

Code of Criminal Procedure: §2.28

Court order to be declared a victim of identity theft due to fraudulent criminal charges. Law enforcement is required to notify a victim of criminal identity theft if that person’s information is given. They are also required to inform the Texas Department of Criminal Justice if a thief is using a known victim’s identity.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Utah

Identity Theft Laws

Law What it Addresses
§76-6-1102

§76-6-1105

§76-1-202

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§76-6-506.2 Law regarding illegal obtaining and use of payment card information.
§53-3-229 Illegal to use a fraudulent Driver’s License or for an employee of the License Bureau to knowingly issue a license with fraudulent information.
§76-6-506.7 Use of a scanning device to obtain financial information for fraudulent purposes.
§76-10-1801(f) Definition of phishing for the purposes of identity theft. Use of spyware software to obtain PII.
§13-45-3 Limits the transmission and posting of Social Security numbers.
§13-44-201

§13-44-202

Proper and improper disposal of records and PII. Security Breach Laws.
§13-45-101 through 205 Laws regarding security freezes for credit reports.
Consumers can place a security alerts on their credit reports.
§76-6-1104 “In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.”

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Vermont

Identity Theft Laws

Law What it Addresses
13 § 2030 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
9 § 4041 – 4045

9 § 2480l

Laws regarding illegal obtaining and use of payment card information.
9 § 2480k Law enforcement is required to take a report of identity theft from consumers.
9 § 2440 Limits the transmission and posting of Social Security numbers
9 § 2445

9 § 2435

Proper and improper disposal of records and PII. Security Breach Laws.
9 § 2480h Laws regarding security freezes for credit reports.
Consumers can place a security alerts on their credit reports.
9 § 2480n Executor of deceased estate or other authorized individual may request that the CRAs indicate that a person is deceased on their credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Virginia

Identity Theft Laws

Law What it Addresses
§18.2-186.3 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§18.2-152.5:1

§18.2-152.4

Defines phishing and how to prosecute. Defines the use of spyware to obtain personal identifying information (PII).
§18.2-192

§18.2-193

§18.2-194

§18.2-195

§18.2-197

Laws regarding illegal obtaining and use of payment card information.
§18.2-186.3:1 Law enforcement is required to take a report of identity theft from consumers.
§59.1-444.2 Proper and improper disposal of records and PII. Security Breach Laws.
§ 59.1-444.2 Law regarding security freezes for credit reports.
§18.2-196.1 Use of a scanning device to obtain PII or financial information.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Washington

Identity Theft Laws

Law What it Addresses
§9.35.020

§9.35.001

§9.35.010

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§19.190.080

§19.270

§9A.56.290

Defines phishing and how to prosecute. Defines the use of spyware to obtain PII. Use of scanning devices, or spyware.
§46.20.0921

§9A.58

Illegal use, forging or alteration of a driver’s license.
§19.255.010

§42.56.590

Laws regarding security breaches and what steps are required by companies and entities in the event of a breach.
§ 9.35.050 Law enforcement is required to take a report of identity theft from consumers.
§19.215 Proper and improper disposal of records and PII. Security Breach Law.
§19.182.170

§19.182.160

Laws regarding security freezes for credit reports. Consumers can place a security alerts on their credit reports.

Block of information appearing as result of identity theft.

§9.35.040 Victims are entitled to know the transactions that have been made using their information.
§19.16.250(20) Collection agencies cannot continue to try to collect from identity theft victims after they have received notice of the identity theft.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

West Virginia

Identity Theft Laws

Law What it Addresses
§61-3-54 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§4-A-6L-101 through 105 Laws regarding freezing credit reports.
§46A-2-101 Proper and improper disposal of records and PII. Security Breach Laws.
§61-3-24a

§61-3-56

Attempted or fraudulent use, forgery, traffic of credit cards; possession and transfer of credit cards and credit card making equipment; false or fraudulent use of telephonic services; and penalties.

Scanning device or re-encoder fraud; felony; definitions; and penalties.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Wisconsin

Identity Theft Laws

Law What it Addresses
§943.201

§943.203

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§943.201 Law enforcement is required to take any report of identity theft.
§100.54 Law regarding freezing credit reports
§134.98 Law regarding security breaches
§943.41

§943.82

Unlawful obtaining, forging payment cards. Using a scanning device to gain PII or financial information for the purposes of fraud

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

Wyoming

Identity Theft Laws

Law What it Addresses
§6-3-901 Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§6-3-901

40-12-509

Victims of criminal identity theft may petition a court for a factual declaration of innocence. AG’s office may create and maintain a database of criminal identity theft victims.
40-12-501 Law regarding freezing credit reports.
40-12-501 Law regarding security breaches.
§6-3-802

§6-3-803

Unlawful obtaining, forging payment cards. Use of scanning device to obtain PII from payment cards.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.