Idaho Identity Theft Laws: Misappropriation Statute and Penalties

Idaho's identity theft law, Idaho Code 18-3126, is a flat felony with no dollar-value threshold separating a misdemeanor from a felony, and no tier that escalates the charge based on the amount involved. This article covers Idaho's misappropriation statute, its penalty, the state's general security freeze law, and how federal identity theft protections apply to Idaho residents.

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

Idaho's Identity Theft Statute: Idaho Code 18-3126

Under Idaho Code 18-3126, it is unlawful for any person to obtain or record another person's personal identifying information without that person's authorization, intending that the information be used to obtain, or attempt to obtain, credit, money, goods, or services without that person's consent. "Personal identifying information" is defined at Idaho Code 18-3122(10) to include a person's name, address, telephone number, driver's license number, Social Security number, place of employment, employee identification number, mother's maiden name, checking or savings account number, financial transaction card number, personal identification code, and any other number or piece of information that could be used to access a person's financial resources.

Penalty: A Flat Felony, No Dollar-Value Tier

Unlike some states, Idaho does not tier this offense by dollar value. Idaho Code 18-3128(1) states that any person found guilty of a violation of section 18-3125, 18-3126, or 18-3126A is guilty of a felony. A separate $300 value-threshold provision in the same section applies only to different offenses, sections 18-3124, 18-3125A, and 18-3127, not to the identity theft statute at section 18-3126. Idaho Code 18-3128(3) sets the felony punishment at a fine of up to $50,000, imprisonment in the state prison for up to five years, or both.

Restitution

Idaho does not have an identity-theft-specific restitution statute, but its general crime-victim restitution law applies to any identity theft conviction. Idaho Code 19-5304(2) provides: "Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss to the victim to make restitution to the victim." Subsection (11) confirms that an order of restitution does not preclude the victim from pursuing any other legal remedy separately, such as a common-law fraud or conversion claim, though Idaho does not appear to have a dedicated identity-theft-specific statutory civil cause of action beyond that general preserved right.

Security Freeze: Idaho's General Statute, No Minor-Specific Provision

Idaho's only state security-freeze statute is the Credit Report Protection Act, enacted in 2008 and last substantively amended in 2018 on its fee provision. It defines "consumer" simply as "a natural person" and grants the general security-freeze right to all consumers, with no age threshold, no separate "protected consumer" category, and no built-in parent or guardian representative-request mechanism for a minor who does not yet have a credit file. This means Idaho does not have a state-specific minor or protected-consumer credit freeze statute distinct from the federal baseline. Idaho residents, including families placing a freeze for a child, rely on the federal minors' and protected-consumers' freeze right under 15 U.S.C. § 1681c-1(j), added in 2018, which applies nationwide regardless of state law. Under the Act's own fee provision, Idaho Code 28-52-106(1) as amended in 2018, a freeze is free only for a consumer's first placement and first temporary lift in any twelve-month period, and a credit reporting agency may charge up to $6.00 for a later placement or lift, plus up to $10.00 under subsection (3) to reissue a PIN the consumer failed to keep. Subsection (2) waives fees entirely for an identity theft victim who submits a valid police or investigative report, and the federal free-freeze right described below supersedes these state fees in practice for everyone else.

Reporting Identity Theft in Idaho

Idaho's Attorney General's Consumer Protection Division does not have a dedicated identity-theft-specific page, hotline, or victim-advocate program comparable to some other states. Idaho residents can report identity theft through the office's general Consumer Complaint Form, or by phone at 208-334-2424, toll-free at 1-800-432-3545. Those are the same channels the office uses for scam complaints, and our guide to Idaho scam and fraud laws describes its informal dispute resolution process and the option to report without asking the office to act. The same division maintains a general Security Breaches page and consumer alerts, but no identity-theft-specific victim-assistance program was found on the division's current site.

Federal Protections That Apply in Idaho

Idaho's thin state-level identity-theft-specific resourcing makes the federal identity theft framework especially relevant for Idaho residents. 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 their credit file. Under 15 U.S.C. § 1681c-1, every consumer nationwide 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. IdentityTheft.gov provides a free FTC Identity Theft Report, a personalized recovery plan, and pre-filled dispute letters. 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 codified text of Idaho Code 18-3126 shows a last-amended date of 2008 (ch. 78), and section 18-3128 shows a last-amended date of 2007 (ch. 33), with no amendment in 2025-26 reflected in the history lines. The Credit Report Protection Act's most recent amendment on record is 2018, affecting only the fee provision at 28-52-106. These history lines were not cross-checked against the Idaho Legislature's active bill tracker, so treat this as the current codified law rather than a guarantee that no bill is pending.

Information last verified on 2026-08-13, drawn directly from the Idaho Code. 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

---

Last updated: 2026-08-13.

Frequently Asked Questions

Is identity theft always a felony in Idaho?

Yes. Idaho Code 18-3128 makes any violation of the state's identity theft misappropriation statute a felony, with no dollar-value threshold that would reduce it to a misdemeanor.

What is the penalty for identity theft in Idaho?

Up to $50,000 in fines, up to five years in prison, or both, under Idaho Code 18-3128(3). There is no tiered structure that increases this penalty based on the dollar amount involved.

Does Idaho have a law letting me freeze my child's credit?

Not a state-specific one. Idaho's Credit Report Protection Act applies to all consumers with no age-based minor or protected-consumer category. Idaho families rely on the federal minors' freeze right under 15 U.S.C. section 1681c-1(j), which applies nationwide.

Can I get restitution as an identity theft victim in Idaho?

Yes, under Idaho's general crime-victim restitution statute, Idaho Code 19-5304, which requires a court to order restitution for economic loss from any crime, including identity theft, unless the court finds restitution inappropriate.

Where do I report identity theft in Idaho?

Idaho's Attorney General does not have a dedicated identity-theft page. Use the office's general Consumer Complaint Form or call 208-334-2424 (toll-free 1-800-432-3545), and also file a report with the FTC at IdentityTheft.gov.

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

No dedicated identity-theft-specific civil cause of action statute was found. Idaho Code 19-5304(11) preserves a victim's right to pursue other legal remedies, such as a common-law fraud claim, separately from a criminal restitution order.