Yes...and photos and names. I don't see how identity theft can be called "fiction." In my opinion, if something is a fictional work, it should be obvious as such....like "here's a short story I wrote." We see this in movies where in the credits it will say something about how all the characters are fictional and any resemblance to actual events is coincidental or something like that. Identity theft is illegal. According to this source, "One key piece to identity theft crimes is the use of specific kinds of information, commonly known as personal identifying information. ...[including] your name, ... photographs, or anything else that you can use to identify yourself." The penalties can include incarceration, fines, restitution and probation. @dan's post seems a bit dismissive in my opinion.
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