What is identity theft and when is it considered a crime?

Identity theft consists of impersonating another person by using their personal data to perform acts in their name without their consent. It is considered a crime when this impersonation involves carrying out legal or juridical acts that only the true person could perform, such as collecting money, signing documents, or filing claims. It is not enough to simply use someone’s name; it must be proven that the perpetrator acted with the intent to benefit or cause harm through the improper use of another’s identity.

Differences between identity theft and identity impersonation

Although both terms are often used as synonyms, there is a subtle difference. Identity theft involves carrying out legal or juridically relevant acts while impersonating another person, whereas identity impersonation may include actions such as creating fake profiles or misusing personal data without necessarily performing legal acts.

Both behaviors are illegal and may be prosecuted criminally, but identity theft usually carries more severe penalties due to the legal harm it causes.

When is identity theft considered a crime?

For identity theft to be considered a crime, the following elements must be present:

• Improper use of the name, personal data, or any information that allows the victim to be identified.
• Performance of acts that only the affected person can carry out by virtue of their rights and responsibilities.
• Intent to deceive, mislead, obtain illicit benefits, or cause harm to the impersonated person.

How to act if you are a victim of identity theft

If you suspect that your identity has been stolen, it is important to act quickly:

• Report the facts to the competent authorities, providing all possible evidence.
• Contact a specialized lawyer who can advise you and defend your rights.
• Protect your personal data and review your bank accounts and digital profiles to detect suspicious activities.
• In cases of impersonation on social networks, request the removal of fake profiles and secure your accounts with additional security measures.

Where is identity theft regulated and what are the penalties?

In Spanish legislation, identity theft is regulated in the Criminal Code, specifically in the chapter dedicated to “usurpation of civil status.”

Article 401 establishes that a person commits this crime when they assume the civil status of another person and perform acts that only that person could legally carry out. The penalty for this offense is imprisonment for six months to three years.

If you find yourself in a situation where you need legal advice regarding an identity theft crime and require the assistance of a criminal lawyer, at NIETO ENRIQUEZ ABOGADOS PENALISTAS we have a team of lawyers specialized in identity theft and impersonation crimes, ready to safeguard your interests and provide the legal support you need at all times.