When Someone Uses Your Name
G.L. c. 266, § 37E — identity fraud, up to $5,000 and two and one-half years, and restitution
In Massachusetts, posing as another person without their express authorization, with intent to defraud, and using their personal identifying information to get money, credit, goods, services or identification, or to harass someone, is identity fraud. So is obtaining that information to pose as them or to help someone else do it.
- Each is punished by a fine of not more than $5,000, up to two and one-half years in a house of correction, or both.
- Possessing a tool designed to capture account numbers, PINs, passwords or biometric data, intending its use in a larceny, is identity fraud too.
- An officer may arrest without a warrant on probable cause.
A person found guilty is ordered to pay restitution, which may include the cost of correcting the victim's credit history and of proceedings over debts, lost wages and attorney's fees.
Sources for this section (1)
- G.L. c. 266, § 37E — Use of personal identification of another; identity fraud; penalty; restitution
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.