Delaware Identity Theft Laws: Statute, Passport Program, and Victim Rights

Delaware treats identity theft as a felony under 11 Del. C. § 854, and it is one of a small number of states that runs its own Identity Theft Passport program to help victims prove their innocence to police, creditors, and credit bureaus. This article covers Delaware's criminal statute, the Passport program, the state's minor and protected-person security freeze law, and how the federal identity theft framework layers on top.

This page addresses Delaware state law specifically. For the federal reporting process, the FTC's free recovery tool, and the credit-freeze and fraud-alert rights available in every state, see our identity theft laws hub and our guide to how to report identity theft.

Delaware's Identity Theft Statute: 11 Del. C. § 854

A person is guilty of identity theft in Delaware when they knowingly or recklessly obtain, produce, possess, use, sell, give, or transfer another person's "personal identifying information" without consent, intending to use it (or to let a third party use it) to commit or facilitate any crime set forth in Title 11 of the Delaware Code. That predicate limit is part of the offense: both \u00a7 854(a) and \u00a7 854(b) reach an intended crime "set forth in this title," not any crime whatsoever. The statute defines personal identifying information broadly: name, address, birth date, Social Security number, driver's license number, telephone number, financial account numbers, payment card numbers, identification documents, an electronic identification number, employment or health-care or credit records, an email address, a computer password, a mother's maiden name, and similar personal numbers or records.

Identity theft under § 854 is a Class D felony. This is a flat classification: unlike some states, Delaware's statute does not escalate the identity theft charge itself to a higher felony class based on the dollar amount involved. A large-scale scheme can still expose a defendant to additional, separate charges under Delaware's general theft and fraud statutes, but that is a distinct prosecution, not a built-in tier inside § 854.

The statute also builds in a victim protection at sentencing: "When a person is convicted of or pleads guilty to identity theft, the sentencing judge shall order full restitution for monetary loss, including documented loss of wages and reasonable attorney fees, suffered by the victim." The word "shall" makes this mandatory rather than discretionary, which is a stronger restitution guarantee than some neighboring states provide.

The Identity Theft Passport Program

Adjacent to the criminal statute, 11 Del. C. § 854A authorizes the Attorney General's Office, working with law enforcement, to issue an "identity theft passport" to a victim who has filed a police report alleging a § 854 violation. A victim can present the passport for three purposes: to a law enforcement agency, to help prevent the victim's own arrest or detention for crimes the identity thief actually committed; to creditors, to support a fraud investigation; and to a consumer reporting agency, to dispute fraudulent information on a credit file.

Acceptance is discretionary only for a law enforcement agency or a creditor: \u00a7 854A(c) confines that discretion to the recipients named in \u00a7 854A(b)(1) and (b)(2). A consumer reporting agency under \u00a7 854A(b)(3) has no such discretion, and must accept the passport as an official notice of a dispute and must include notice of the dispute in all future reports that contain disputed information caused by the identity theft. Applications and supporting documents are treated as confidential criminal-justice information rather than public record, though they can be shared among criminal-justice agencies. The Attorney General's Office administers the program's implementing regulations.

The Attorney General's identity theft page describes a practical starting process: contact local police to file a report and get a complaint or file number, contact all three credit bureaus for fraud alerts and freezes, notify your banks' and creditors' fraud departments, and report the incident to the FTC. The office also distributes an Identity Theft Victim Kit with documentation templates and a creditor affidavit. Passport applications go to the Consumer Protection Unit by mail or fax at (302) 577-6499, and the office's support line is (800) 220-5424.

The Right to File a Police Report

Delaware law gives victims a direct right to a police report. Under 6 Del. C. § 2204, "a person who knows or reasonably believes that the person has been the victim of identity theft may contact the police agency that has jurisdiction over that person's actual residence, which shall take a police report of the matter, and provide the complainant with a copy of that report." A local department must accept the report even if it lacks investigative jurisdiction over the underlying crime, in which case it can refer the matter elsewhere, and the report does not need to count as an open case for the department's own statistics. This report is often the document a victim needs both for the Identity Theft Passport application and for disputing fraudulent accounts with creditors and credit bureaus.

Security Freeze for Minors and Protected Persons

Delaware has its own state-law security freeze provision for people who cannot place a freeze on their own, codified separately from the state's general freeze statute. Under 6 Del. C. § 2205, a "protected consumer" is either a person under 16 years old at the time of the freeze request, or an incapacitated or protected person for whom a guardian or conservator has been appointed. A representative, typically a parent, guardian, or conservator, can place the freeze by submitting proof of the protected consumer's identity plus proof of the representative's authority, such as a court order, a power of attorney, or a notarized statement describing the authority.

This largely tracks the federal minors' and protected-consumers' freeze right added to the Fair Credit Reporting Act in 2018, including the same under-16 age threshold. Consumer reporting agencies may charge up to $5.00 per placement or removal, except no fee applies if the representative submits a police or identity-fraud report, or if the protected consumer is under 16 and the agency already has a file on record for them.

Reporting to the Delaware Attorney General

The Delaware Department of Justice's Consumer Protection Unit lays out a five-step process for victims: file a police report and get a case number, contact all three credit bureaus for fraud alerts and a credit report, place a security freeze with each bureau, notify your banks' and creditors' fraud departments, and file a report with the FTC at 877-438-4338 so the incident is added to the national identity theft database. The Consumer Protection Unit can be reached at (800) 220-5424, and Identity Theft Passport applications go to the same office by mail or fax at (302) 577-6499. That unit also takes complaints when a business or person deceived you, and our guide to Delaware scam and fraud laws covers that complaint route and when a victim can sue under the Consumer Fraud Act.

Federal Protections That Apply in Delaware

Delaware's state-specific rights sit on top of the federal identity theft framework, which applies to every state. Under FCRA section 605B (15 U.S.C. § 1681c-2), a victim who submits an identity theft report can have a credit reporting agency block fraudulent information from appearing on their credit file. Under 15 U.S.C. § 1681c-1, every consumer nationwide, not only Delaware residents, has had the right to a free security freeze and to one-year or seven-year extended fraud alerts since a 2018 federal law made freezes free in every state. The FTC's IdentityTheft.gov provides a free federal recovery plan, a personalized FTC Identity Theft Report, and pre-filled dispute letters, and it is a useful complement to Delaware's own Passport program rather than a substitute for it. For the full mechanics of freezes, fraud alerts, and the FTC reporting process, see our how to report identity theft and credit freeze vs. fraud alert guides.

2025-26 Currency

As of this session's research, the current text of § 854 shows amendment history through 79 Del. Laws c. 260 § 7, corresponding to roughly the 2013-2014 General Assembly, with no 2025-26 amendment found. Delaware's legislative bill-tracking tool could not be queried directly to confirm no bill is currently pending, so this should be read as the current codified law rather than a guarantee that no legislation is in progress.

Information last verified on 2026-08-13, drawn directly from the Delaware Code and the Delaware Department of Justice's identity theft page. This article has not yet been reviewed by a licensed lawyer and is general legal information, not legal advice for your specific situation.

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: 2026-08-13.

Frequently Asked Questions

Is identity theft a felony in Delaware?

Yes. Under 11 Del. C. section 854, identity theft in Delaware is a Class D felony. It is a flat classification, meaning the amount of money or property involved does not escalate the identity theft charge itself to a higher felony class.

Does Delaware require restitution for identity theft victims?

Yes. Section 854 requires the sentencing judge to order full restitution for a victim's monetary loss when someone is convicted of or pleads guilty to identity theft, including documented lost wages and reasonable attorney fees. This is mandatory, not discretionary.

What is Delaware's Identity Theft Passport program?

It is a program run by the Delaware Attorney General's Office under 11 Del. C. section 854A. A victim who has filed a police report alleging identity theft can apply for a passport to present to police, creditors, or credit bureaus to help prove they were not the person who committed the underlying fraud. Acceptance is discretionary for a law enforcement agency or a creditor, but a consumer reporting agency must accept the passport as an official notice of a dispute and must include notice of the dispute in future reports.

Do Delaware police have to take my identity theft report?

Yes. Under 6 Del. C. section 2204, the police agency with jurisdiction over your residence must take a report and give you a copy, even if the agency does not have investigative jurisdiction over where the crime actually occurred.

Can I freeze my child's credit in Delaware?

Yes. Delaware's protected-consumer freeze law, 6 Del. C. section 2205, lets a parent, guardian, or conservator place a freeze for anyone under 16 or for an incapacitated or protected person with a court-appointed guardian, by submitting proof of identity and proof of the representative's authority.

Where do I report identity theft in Delaware?

Start with a local police report, then contact the Delaware Attorney General's Consumer Protection Unit at (800) 220-5424 and the FTC at IdentityTheft.gov. The Attorney General's office also handles Identity Theft Passport applications by mail or fax at (302) 577-6499.

Is there a separate civil lawsuit right for identity theft in Delaware?

Delaware's confirmed remedy is the mandatory criminal restitution order under section 854. A standalone civil cause of action specific to identity theft, separate from that restitution mandate, was not confirmed in current research; a victim may still have general fraud or consumer-protection claims available.