Mississippi Identity Theft Laws: What Is Confirmed and What Is Not

This page covers Mississippi's identity theft laws: the two criminal statutes a thief can be charged under, the penalties each carries, the restitution a Mississippi court must order on conviction, and the expunction and Identity Theft Passport remedies state law gives victims. For the federal rights and reporting process that apply regardless of state, see our identity theft laws hub and our guide to reporting identity theft.

Mississippi's Identity Theft Statute

Mississippi's main identity theft statute is Miss. Code Ann. Section 97-45-19. It prohibits obtaining or attempting to obtain the personal identity information of another person, without that person's authorization, with intent to use it unlawfully to obtain financial credit, to purchase or lease real or personal property, to obtain employment, to gain access to medical records, or to commit any illegal act.

The offense is a felony punishable by imprisonment for not less than two nor more than fifteen years or a fine of not more than $10,000, or both. If the violation involves an amount of less than $250, the court may instead treat it as a misdemeanor punishable by up to six months in county jail or a fine of not more than $1,000, or both.

That $250 line is not evaluated charge by charge. The statute directs that the value of all goods, property, services and other things of value obtained or attempted to be obtained using the person's identity information is aggregated, so a run of small transactions can add up past the felony threshold.

Two further provisions matter to anyone reading the statute as a defendant. Section 97-45-19(3) states that a charge under this section does not prevent the person from also being charged with, convicted of, or sentenced for any other violation of law committed using the information obtained. Section 97-45-19(4) carves out identity information obtained through the discovery process of a civil action, an administrative proceeding, or an arbitration proceeding.

Section 97-19-85, the Second Identity Theft Statute

Section 97-45-19 is not the only statute a Mississippi prosecutor can reach for. Miss. Code Ann. Section 97-45-2(1) defines identity theft for the whole chapter as covering four offenses: Section 97-9-79, relating to false information; Section 97-19-83, relating to fraud by mail or other means of communication; Section 97-19-85, relating to the fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information; and Section 97-45-19 itself.

Section 97-19-85 is the one most likely to appear alongside Section 97-45-19 on a charging document. It covers making, or causing to be made, a false statement or representation about your own or another person's identity, Social Security account number, credit card number, debit card number, or other identifying information for the purpose of fraudulently obtaining goods, services, or anything of value. It reaches conduct such as furnishing false information with intent to deceive as to identity, misrepresenting a Social Security number as one's own, falsely posing as a representative of an entity in order to open bank accounts or obtain credit cards, and altering, counterfeiting, buying or selling a Social Security card.

The penalty structure is different from Section 97-45-19 and turns on prior convictions rather than dollar amount. A first offense is a felony carrying a fine of not more than $5,000 or imprisonment for up to five years, or both. A second or subsequent offense carries a fine of not more than $10,000 or imprisonment for up to ten years, or both.

Jurisdiction is broad for both statutes. Under Section 97-45-21(2), where an offense under Section 97-45-19 or Section 97-19-85 occurs in multiple jurisdictions and does not involve a computer, computer system or computer network, jurisdiction is proper in each jurisdiction where any element of the offense occurred.

Restitution Is Mandatory on Conviction

Mississippi does not leave victim restitution to the sentencing judge's discretion. Section 97-45-19(6) provides that a person convicted under that section or under Section 97-19-85 shall be ordered to pay restitution as provided in Section 99-37-1 et seq., and any legal interest, in addition to any other fine or imprisonment which may be imposed. Section 97-19-85(1) carries its own parallel restitution command for convictions under that section.

That is a requirement of the sentence, not something a victim has to persuade the court to add. It is not, however, a guarantee of payment. Restitution depends first on someone being identified, charged and convicted, and then on that person having assets or income to collect against. If a prosecution is underway, give the prosecuting attorney's office a documented total of your losses and ask how restitution amounts are submitted in that court.

Expunction and the Identity Theft Passport

Mississippi gives identity theft victims two remedies aimed at the record left behind in their name, both enacted by Laws 2004, chapter 526.

Under Section 97-45-27, a person whose name or other identification was used without consent or authorization, where that use resulted in charges, an arrest record, or a conviction putatively on the record of the person whose identity was appropriated, may file a petition for expunction of those charges, that arrest record, or that conviction, or any of them, with any court that has jurisdiction over the matter.

Section 97-45-29 builds on that. A victim who has petitioned under Section 97-45-27 may submit a certified copy of the resulting court order to the Attorney General, and the Office of the Attorney General may issue an Identity Theft Passport verifying that the order was entered. A victim who has not been to court can instead submit a copy of a filed police report alleging that their name or identification was used without consent, and the office may issue a Passport stating that the report was submitted. The office may also provide access to identity theft information to law enforcement agencies and to individuals who have submitted a police report or court order.

Two limits are worth knowing before you rely on it. The statute is permissive: it says the Office of the Attorney General may issue the Passport, not that it must. And while the program is codified law, the Attorney General's public website does not currently advertise it or publish an application, so expect to ask for it directly through the Consumer Protection Division rather than to find a form online.

No Minor Credit Freeze Law, and a 2026 Bill That Failed

No standalone Mississippi minor or protected-consumer credit-freeze statute was found. The only recent legislative attempt to create one, Senate Bill 2732 in the 2026 session, would have let parents authorize the Bureau of Vital Statistics to request a free newborn credit freeze within 10 days of birth, following the same procedures as the federal protected-consumer freeze law. The bill passed the Mississippi Senate but died in the House Business and Commerce Committee on March 3, 2026. It is not law, and no free newborn-freeze mechanism specific to Mississippi currently exists. A general Mississippi consumer security-freeze statute, commonly cited as Miss. Code Ann. Section 75-24-201 and following sections, appears to exist based on secondary citations, but its text could not be confirmed live, so whether it independently addresses minors is unresolved. Mississippi residents can still use the federal protected-consumer freeze right under 15 U.S.C. Section 1681c-1(j), in place since 2018, regardless of what state law provides. See our guide to credit freeze vs. fraud alert for how that federal right works.

Reporting to the Mississippi Attorney General

The Office of the Mississippi Attorney General, Consumer Protection Division, is Mississippi's official consumer protection authority. Identity theft complaints route through the general Consumer Protection contact form, which lists Victims Assistance and Victims Compensation Fund among its topics, or by phone at 601-359-3680, or by mail at P.O. Box 220, Jackson, MS 39205. If what happened to you was a scam rather than a stolen identity, our guide to Mississippi scam and fraud laws covers the office's online consumer complaint form and which complaints, such as those about crypto kiosks, go to the Department of Banking and Consumer Finance instead. A separate Bureau of Victim Assistance division exists within the office, though no identity-theft-specific hotline or complaint form was found on it.

The office also carries two statutory roles specific to identity theft, beyond the Identity Theft Passport described above. Under Section 97-45-19(5), on the request of a person whose identifying information was appropriated, the Attorney General may provide assistance in obtaining information to correct inaccuracies or errors in that person's credit report or other identifying information. The same subsection is explicit that no legal representation is provided by the office, so this is help getting records corrected, not a lawyer. Under Section 97-45-2(2), the Attorney General has subpoena power for identity theft investigations, exercised by ex parte application to a circuit or chancery court.

What Mississippi Law Does Not Settle

Two questions identity theft victims commonly ask are not answered by Mississippi's identity theft chapter. Chapter 97-45 does not create a private civil cause of action allowing a victim to sue the thief for damages separately from the criminal case, so a civil claim would have to rest on general Mississippi tort law rather than on the identity theft statutes. And no Mississippi provision was found requiring a police department to take an identity theft report from a resident regardless of where the theft occurred, a duty some states impose by statute. Discuss both with a Mississippi-licensed attorney if they bear on your situation.

The Federal Layer

Regardless of state, identity theft is also a federal crime under 18 U.S.C. Section 1028. The Federal Trade Commission's free recovery site, IdentityTheft.gov, walks victims through reporting what happened and building a personal recovery plan. Federal law has also required free credit freezes and free fraud alerts at all three credit bureaus since 2018, and FCRA Section 605B lets a victim with an FTC Identity Theft Report get fraudulent information blocked from their credit report. See our identity theft laws hub for the complete federal picture, and our guide to reporting identity theft for the step-by-step process.

Information last verified on 2026-09-02 against the enrolled text of 2004 Senate Bill 2957 (Laws 2004, ch. 526) on the Mississippi Legislature's bill-status site and against the Mississippi Code text of Sections 97-19-85, 97-45-2, 97-45-21, 97-45-27 and 97-45-29. 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: 2026-09-02.

Frequently Asked Questions

Is identity theft a felony in Mississippi?

Yes. Miss. Code Ann. Section 97-45-19 makes it a felony punishable by imprisonment for not less than two nor more than fifteen years or a fine of not more than $10,000, or both. If the amount involved is less than $250, the court may treat it as a misdemeanor punishable by up to six months in county jail or a fine of up to $1,000, or both. Values from multiple transactions are aggregated to determine the amount.

What is the difference between Section 97-45-19 and Section 97-19-85?

Both are identity theft offenses under Miss. Code Ann. Section 97-45-2(1). Section 97-45-19 punishes obtaining another person's identity information with intent to misuse it, and its penalty turns on the dollar amount involved. Section 97-19-85 punishes making a false statement about identity, a Social Security number, or a credit or debit card number to fraudulently obtain something of value, and its penalty turns on prior convictions: up to five years and a $5,000 fine for a first offense, up to ten years and a $10,000 fine for a second or subsequent offense.

Will I get restitution if my identity thief is convicted in Mississippi?

Restitution is mandatory. Section 97-45-19(6) provides that a person convicted under that section or under Section 97-19-85 shall be ordered to pay restitution as provided in Section 99-37-1 et seq., plus legal interest, in addition to any fine or imprisonment. Being ordered is not the same as being paid, so give the prosecuting attorney's office a documented total of your losses and ask how restitution is calculated in that court.

Can I clear an arrest record created in my name by an identity thief?

Yes. Under Miss. Code Ann. Section 97-45-27, a person whose name or identification was used without authorization, resulting in charges, an arrest record, or a conviction putatively on their record, may petition any court with jurisdiction over the matter to expunge it.

What is a Mississippi Identity Theft Passport?

It is a document the Office of the Attorney General may issue to an identity theft victim under Miss. Code Ann. Section 97-45-29, either verifying an expunction order obtained under Section 97-45-27 or stating that the victim has submitted a police report alleging misuse of their identity. The statute is permissive rather than mandatory, and the Attorney General's website does not currently publish an application, so request it through the Consumer Protection Division.

Can I sue the person who stole my identity in Mississippi?

Mississippi's identity theft chapter, Chapter 97-45, does not create a private civil cause of action against the thief, so a damages claim would rest on general Mississippi tort law rather than on the identity theft statutes. Discuss your specific situation with a Mississippi-licensed attorney.

Does Mississippi have a minor or newborn credit freeze law?

No. A 2026 bill, Senate Bill 2732, would have created a free newborn freeze mechanism through the Bureau of Vital Statistics, but it died in a House committee in March 2026 and never became law. The federal protected-consumer freeze right under 15 U.S.C. Section 1681c-1(j) still applies to Mississippi residents.

Where do I report identity theft in Mississippi?

The Mississippi Attorney General's Consumer Protection Division takes complaints through its general contact form, by phone at 601-359-3680, or by mail at P.O. Box 220, Jackson, MS 39205. The federal site IdentityTheft.gov also provides a free, state-independent reporting and recovery process.