First of all, the term Identity Theft is a misnomer. According to Findlaw:
Theft is often defined as the unauthorized taking of property from another with the intent to permanently deprive them of it. Within this definition lie two key elements:But, with Identity Theft, your identity is not actually stolen, because you still have use of it. A more accurate term is Identity Fraud. Someone is using your identity, without permission, to execute fraudulent transactions or commit other crimes. And, in many cases it's just aspects of identifying or financial information that is being used fraudulently, like your credit card.
1) a taking of someone else's property; and
2) the requisite intent to deprive the victim of the property permanently.
The taking element in a theft typically requires seizing possession of property that belongs to another, and may also involve removing or attempting to remove the property. However, it is the element of intent where most of the complex legal challenges typically arise in theft-related cases.


