Alaska Identity Theft Laws: Criminal Impersonation and Your Rights

Unlike most states, Alaska has no criminal statute literally titled identity theft. Victims work through a two-track framework instead. The state's Department of Law directs them to AS 45.48, the Personal Information Protection Act, which provides a security freeze and a court declaration of factual innocence. The criminal charge itself sits elsewhere in the code, at AS 11.46.565, Criminal Impersonation in the First Degree, which is the offense Alaska prosecutors use for identity-theft-type conduct.

This page walks through both tracks, the police-report right built into AS 45.48, and the federal recovery rights every identity theft victim has regardless of state. For the broader picture, see our identity theft laws hub and our guide to reporting identity theft.

Why Alaska Has No Statute Called "Identity Theft"

Alaska's Department of Law page on identity theft describes the Personal Information Protection Act as the mechanism that "allows you to place a security freeze on your credit report, and allows you to petition the court for a declaration of factual innocence after identity theft," and it points readers to AS 45.48. That page names no criminal statute at all, which is itself telling: there is no Title 11 section called identity theft to point to.

The criminal side has to be located in the code directly, and it lives in Alaska's impersonation statutes, AS 11.46.565 and AS 11.46.570, discussed next. That pairing is our reading of the statutes rather than the Department of Law's framing. It is a real structural difference from most states, not a labeling quirk, so a search for "Alaska identity theft statute" by section number alone will not turn up the right law.

The Criminal Charge: Criminal Impersonation in the First Degree

Alaska's operative criminal charge for identity-theft-type conduct is AS 11.46.565, Criminal Impersonation in the First Degree. Under subsection (a), a person commits the offense if the person possesses an access device or identification document of another person; without authorization of the other person, uses that access device or identification document to obtain a false identification document, open an account at a financial institution, obtain an access device, or obtain property or services; and recklessly damages the financial reputation of the other person. All three elements have to be present, which is why a bare misuse of someone's card number does not automatically fit this section.

Under subsection (b), criminal impersonation in the first degree is a class B felony.

The lesser offense, AS 11.46.570, Criminal Impersonation in the Second Degree, reaches different conduct: assuming a false identity and acting in the assumed character, or pretending to be a representative of some person or organization and acting in the pretended capacity, in either case with intent to defraud, commit a crime, or obtain a benefit the person is not entitled to. Under its subsection (b), that offense is a class A misdemeanor. A licensed Alaska attorney can explain the sentencing exposure that attaches to either class in a specific case.

Security Freeze and the Declaration of Factual Innocence

AS 45.48, the Personal Information Protection Act, carries the two rights that matter most after identity theft. The first is at AS 45.48.100: a consumer may prohibit a consumer credit reporting agency from releasing the consumer's credit report or credit score without the consumer's express authorization, by placing a security freeze on the report. That is what stops a lender from pulling your file to open new credit in your name.

The second is at AS 45.48.600. A victim of identity theft may petition the superior court for a determination that the victim is factually innocent of a crime where the perpetrator of the identity theft was arrested for, cited for, or convicted of that crime using the victim's identity, a criminal complaint was filed against the perpetrator, and the victim's identity was mistakenly associated with a record of a conviction. The statute also lets the department petition for that determination, or the superior court make it on its own motion. A court finding of factual innocence gives you an official record you can use to counter any confusion between you and the person who misused your identity.

Filing a Police Report

AS 45.48.680 gives identity theft victims a police-report right that does not depend on where the theft happened. If you have learned or reasonably suspect you are an identity theft victim and you contact a local law enforcement agency with jurisdiction over your actual place of residence in order to file a complaint, that agency must make a report of the matter and provide you with a copy of it, even if it has no jurisdiction over the theft of your identity. It may refer the matter to a law enforcement agency in a different jurisdiction.

The statute is careful about what that report obligates the agency to do. Subsection (b) says the section is not intended to interfere with an agency's discretion to allocate its resources to investigating crime, and that the agency is not required to count the complaint as an open case for purposes such as compiling open-case statistics. So the report is a document you are entitled to, which is what creditors and bureaus ask for, and not a guarantee of an investigation.

Credit Freezes for Minors in Alaska

Alaska has its own minor freeze provision, separate from the general freeze right. AS 45.48.220 lets a parent, legal guardian, or conservator make a security freeze request under AS 45.48.100 through 45.48.290 on behalf of a consumer who is a minor, an incapacitated person, or a protected person under that person's supervision. It also closes the gap that normally blocks a child freeze: if a consumer credit report does not exist at the time of the request, the consumer credit reporting agency shall generate a consumer credit report for the purpose of placing the security freeze. The statute defines a minor as a child under 18 years of age who has not had the disabilities of a minor removed as described in AS 09.55.590.

Federal law gives Alaska families the same right at all three nationwide bureaus, so you can use whichever route is easier. 15 U.S.C. § 1681c-1(j) requires all three to let a parent or guardian freeze a child's credit file for free, including before the child has a credit file at all. See our credit freeze vs. fraud alert page for how the freeze right works generally.

Restitution and Civil Remedies

Alaska's general restitution framework is AS 12.55.045. When presented with credible evidence, and unless the victim or other person expressly declines restitution, the court shall order a defendant convicted of an offense to make restitution, including to the victim or other person injured by the offense. The statute tells the court to weigh the public policy that favors requiring criminals to compensate for damages and injury, including loss of income, and bars it from considering the defendant's ability to pay when setting the amount. An order of restitution does not limit any civil liability the defendant has for the same conduct.

On the civil side, AS 45.48.200 creates a private action, though its reach is specific: it covers violations of AS 45.48.100 through 45.48.290, the security freeze provisions, rather than identity theft at large. A consumer who suffers damages from a negligent violation may recover actual economic damages, court costs allowed by the rules of court, and full reasonable attorney fees. For a knowing violation, the consumer may also recover punitive damages of not less than $100 and not more than $5,000 for each violation as the court determines to be appropriate, plus other relief the court finds appropriate. Injunctive relief stands on its own: a consumer may sue over a violation or a threatened violation whether or not another remedy is sought.

Breach notification failures have their own route. Under AS 45.48.080(b), an information collector that is not a governmental agency and violates the breach notification provisions at AS 45.48.010 through 45.48.090 commits an unfair or deceptive act or practice under AS 45.50.471 through 45.50.561, with damages under those sections limited to actual economic damages. Subsection (a) handles governmental agencies through civil penalties payable to the state instead.

The AS 45.48.600 factual innocence petition remains a record-clearing remedy rather than a damages action. For a general tort claim against whoever misused your identity, ask a licensed Alaska attorney what applies to your facts.

Reporting to the Alaska Department of Law

The Alaska Department of Law's Consumer Protection Unit is the state's identity theft resource. Reach it at 907-269-5200 in Anchorage, 1-888-576-2529 statewide toll-free, or by email at consumerprotection@alaska.gov, and use the "File a Complaint" link on its identity theft page. The unit also lists federal backstops, including the FTC Consumer Helpline at 877-382-4357, reportfraud.ftc.gov, and the U.S. Postal Inspection Service at 1-877-876-2455, for identity theft involving mail fraud.

Federal Rights That Apply in Every State

On top of Alaska's own two-track framework, every identity theft victim also has federal rights that do not depend on state law. IdentityTheft.gov, run by the FTC, is a free national recovery site that builds a personal recovery plan once you describe what happened. Once you have an FTC Identity Theft Report, 15 U.S.C. § 1681c-2 (FCRA § 605B) requires a credit bureau to block fraudulent information from your report within 4 business days of receiving your documentation. Federal law has also made both credit freezes and fraud alerts free at all three bureaus since 2018, under 15 U.S.C. § 1681c-1. See our guides to reporting identity theft and credit freeze vs. fraud alert for the full mechanics of both.

No 2025-26 amendment to AS 45.48, AS 11.46.565, or the Department of Law's identity theft program surfaced during this page's research, though Alaska's own legislative bill-tracking tools could not be checked directly this session, so treat this as a partial check rather than an exhaustive one.

Information last verified on 2026-09-01. The statutory text of AS 11.46.565, AS 11.46.570, AS 12.55.045, AS 45.48.080, AS 45.48.100, AS 45.48.200, AS 45.48.220, AS 45.48.600, and AS 45.48.680 was checked against the Alaska Statutes as published by the Alaska State Legislature; the Alaska Department of Law's identity theft page and federal law under 15 U.S.C. §§ 1681c-1 and 1681c-2 supply the rest. Statutes change, so confirm current language with the Department of Law or a licensed Alaska attorney before relying on this page for a specific legal question. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

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Last updated: 2026-09-01.

Frequently Asked Questions

Does Alaska have an identity theft statute?

Not one titled that way. Alaska uses a two-track framework instead: AS 45.48, the Personal Information Protection Act, provides a security freeze and a court declaration of factual innocence, while AS 11.46.565, Criminal Impersonation in the First Degree, is the criminal charge actually used for identity-theft-type conduct.

What is Alaska's penalty for criminal impersonation?

AS 11.46.565, Criminal Impersonation in the First Degree, is a class B felony under subsection (b) of that statute. The lesser offense, AS 11.46.570, Criminal Impersonation in the Second Degree, is a class A misdemeanor under its subsection (b). A licensed Alaska attorney can explain the sentencing exposure those classes carry in a specific case.

How do I get a declaration of factual innocence in Alaska?

Under AS 45.48.600, an identity theft victim may petition the superior court for a determination of factual innocence where the perpetrator was arrested for, cited for, or convicted of a crime using the victim's identity, a criminal complaint was filed against the perpetrator, and the victim's identity was mistakenly associated with a record of a conviction. The department may also petition, and the court may make the determination on its own motion. Contact the Alaska Department of Law's Consumer Protection Unit for guidance on the process.

Can I file a police report for identity theft in Alaska even if my local police lack jurisdiction?

Yes. AS 45.48.680 requires a local law enforcement agency with jurisdiction over your actual place of residence to make a report and give you a copy when you contact it to file an identity theft complaint, even if it has no jurisdiction over the theft itself, and it may refer the matter to the agency that does. Subsection (b) adds that the report does not override the agency's discretion over how it allocates investigative resources.

Can I freeze my child's credit for free in Alaska?

Yes, under both state and federal law. AS 45.48.220 lets a parent, legal guardian, or conservator request a security freeze for a minor, incapacitated person, or protected person, and requires the credit reporting agency to generate a credit report first if none exists. 15 U.S.C. § 1681c-1(j) separately requires all three nationwide bureaus to let a parent or guardian freeze a minor's file for free.

Can I sue over identity theft in Alaska?

It depends on who you are suing and for what. AS 45.48.200 gives a consumer a private action for violations of the security freeze provisions at AS 45.48.100 through 45.48.290, with actual economic damages, court costs, and full reasonable attorney fees for a negligent violation, and punitive damages of $100 to $5,000 per violation for a knowing one. AS 45.48.080(b) makes a non-governmental breach notification failure an unfair or deceptive act or practice. Separately, AS 12.55.045 directs restitution from a defendant convicted in a criminal case. For a general tort claim against the person who misused your identity, ask a licensed Alaska attorney.

Who do I contact to report identity theft in Alaska?

The Alaska Department of Law's Consumer Protection Unit, at 907-269-5200 (Anchorage), 1-888-576-2529 (statewide toll-free), or consumerprotection@alaska.gov. Also file a free FTC Identity Theft Report at IdentityTheft.gov for the additional federal rights it unlocks.