Understanding Arizona Identity Theft: ARS 13-2008 | ARS 13-2009 | ARS 13-2010
Facing identity theft charges in Arizona can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the Arizona identity theft laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with ARS identity theft, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Is Identity Theft in Arizona?
Arizona’s identity theft laws are designed to protect individuals and businesses from the misuse of personal or financial information. Identity theft can take many forms, including using someone else’s credit card, creating false identities, or accessing bank accounts without permission. These laws are divided into three main crimes: taking the identity of another (ARS 13‑2008), aggravated identity theft (ARS 13‑2009), and trafficking in identity (ARS 13‑2010).
Taking Identity of Another: ARS 13-2008
Taking the identity of another is the foundation of Arizona’s identity theft laws. This statute makes it illegal to knowingly obtain, possess, or use another person’s or company’s personal information without consent and with the intent to use that information for an unlawful purpose.
Under ARS 13‑2008, the crime involves knowingly taking identifying information that belongs to someone else with the intent to use it unlawfully. This can include stealing documents, copying personal details, or accessing data without authorization.
Importantly, the State does not need to prove that the victim lost money or suffered harm. The offense is complete once you knowingly act with unlawful intent.
Elements of the Crime
The crime of taking the identity of another requires the State to prove each of the following elements beyond a reasonable doubt:
- Knowledge: You acted knowingly.
- Conduct: You took, purchased, manufactured, recorded, possessed, or used identifying information.
- Information: The information belonged to another person or entity (real or fictitious).
- No consent: You acted without that person’s or entity’s consent.
- Intent: You intended to:
- use the identity for an unlawful purpose,
- cause loss to that person or entity (even if no loss occurred), or
- obtain or continue employment.
Aggravated Taking Identity of Another: ARS 13-2009
Aggravated identity theft reflects a pattern of harmful behavior or a greater impact on victims. Under ARS 13‑2009, aggravated identity theft involves taking the identity of another along with one of the following aggravating factors: multiple victims, large financial loss, or using another person’s identity to obtain employment.
The crime of aggravated taking the identity of another requires the State to prove each of the following elements beyond a reasonable doubt:
Multiple Victims
- Knowledge: You knowingly took, purchased, manufactured, recorded, possessed, or used identifying information.
- Information of multiple parties: The information belonged to three or more people or entities (real or fictitious).
- No consent: You acted without their consent.
- Intent: You intended to:
- use the identities for an unlawful purpose, or
- cause loss to those persons/entities (even if no loss occurred).
Large Economic Loss
- Knowledge: You knowingly took, purchased, manufactured, recorded, possessed, or used identifying information.
- Information: The information belonged to another person or entity (real or fictitious).
- No consent: You acted without their consent.
- Intent: You intended to use the identity for an unlawful purpose.
- Loss: Your conduct caused economic loss of $3,000 or more to any person or entity.
Employment Fraud
- Knowledge: You knowingly took, purchased, manufactured, recorded, possessed, or used identifying information.
- Information: The information belonged to another person or entity (real or fictitious).
- Intent: You intended to use the identity to obtain employment.
Trafficking in the Identity of Another: ARS 13-2010
ARS 13‑2010 addresses trafficking in stolen identities, the most serious identity theft offense in Arizona. This crime involves knowingly giving, selling, or distributing another person’s or entity’s identifying information without consent and with the intent that it be used unlawfully. Trafficking often signals a larger criminal operation and may involve organized crime activity.
Elements of the Crime
The crime of trafficking in the identity of another requires the State to prove each of the following elements beyond a reasonable doubt:
- Knowledge: You acted knowingly.
- Conduct: You sold, transferred, or transmitted identifying information.
- Information: The information belonged to another person or entity (real or fictitious).
- No consent: You acted without that person’s or entity’s consent.
- Intent: You intended:
- to use the identity for an unlawful purpose,
- to cause loss to those persons/entities (even if no loss occurred), or
- to allow another person to obtain or continue employment.
Key Concepts of Identity Theft
General Terms
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. It does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
Terms of Identity Theft
- Personal identifying information: Any written or electronic data that can identify, locate, or impersonate a person. It includes:
- Identity basics: Name, signature (handwritten or electronic), screen name, email signature, photograph, birth date, mother’s maiden name.
- Contact details: Residence or mailing address, telephone number.
- Government IDs: Driver’s license, professional license, student or military ID, Social Security number, tax ID, citizenship or alien ID number.
- Financial & employment info: Employer or employment details, bank account numbers, credit/charge/debit card numbers, PINs, access devices.
- Biometric & genetic data: Fingerprints, retinal or iris images, DNA or other genetic information.
- Entity identifying information: Any written or electronic data that can identify, locate, or impersonate a non-human legal entity (such as a business or organization). It includes:
- Entity basics: Name, address, telephone number.
- Government/registration numbers: Employer identification number (EIN) or other official identifiers.
- Financial & account information: Account numbers, electronic serial numbers, depository account identifiers.
- Unique access data: Any information or code that is unique to the entity, assigned to it, or belonging to it, and intended to be used to access the entity’s services, funds, or benefits.
Arizona Statute of Limitations for Identity Theft
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. As a felony offense, prosecutors have up to seven years from the date of the alleged offense to bring identity theft charges.
Sentencing for Identity Theft
The penalties for identity theft in Arizona are substantial and can have long‑lasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.
The following table provides an overview of the potential sentence for each identity theft offense:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Taking Identity (ARS 13-2008) | Class 4 felony | 1 – 3.75 years | 4 years |
| Aggravated Taking Identity (ARS 13-2009) | Class 3 felony | 2 – 8.75 years | 5 years |
| Trafficking in Identity (ARS 13-2010) | Class 2 felony | 3 – 12.5 years | 7 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Arizona’s identity theft laws, including ARS 13-2008, ARS 13-2009, and ARS 13-2010, protect people from having their personal information stolen and misused. These laws cover many different actions, from creating fake identities to accessing bank accounts without permission.
- Identity Theft Charges:
- Taking the Identity of Another (ARS 13‑2008) is the foundation of Arizona’s identity theft laws. You commit the offense if you knowingly obtain, possess, or use another person’s or entity’s identifying information without consent, intending to use it unlawfully, cause loss, or obtain employment. The State does not need to prove that the victim actually lost money—the crime is complete once you act with unlawful intent.
- Aggravated Taking the Identity of Another (ARS 13‑2009) is a more serious offense than basic identity theft. The charge applies when any of the following aggravating factors are present: targeting three or more victims, causing an economic loss of $3,000 or more, or using another person’s identity to obtain employment. The presence of any such factor elevates the offense to a more serious felony classification, reflecting increased harm, risk, or societal impact.
- Trafficking in the Identity of Another (ARS 13‑2010) is the most severe identity theft offense. You commit trafficking if you knowingly sell, transfer, or distribute another person’s or entity’s identifying information without consent, intending it to be used unlawfully, to cause loss, or to help someone obtain employment. Trafficking often signals broader criminal activity or organized schemes.
- Sentencing:
- Taking the Identity of Another (ARS 13‑2008): Classified as a Class 4 felony with a potential prison sentence ranging from 1 to 3.75 years and/or up to 4 years of probation.
- Aggravated Taking the Identity of Another (ARS 13‑2009): Classified as a Class 3 felony with a potential prison sentence ranging from 2 to 8.75 years and/or up to 5 years of probation.
- Trafficking in the Identity of Another (ARS 13‑2010): Classified as a Class 2 felony with a potential prison sentence ranging from 3 to 12.5 years and/or up to 7 years of probation.
- Statute of limitations: The statute of limitations for identity theft is seven years from the date of the offense.
Next Steps:
ARS identity theft is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing Arizona identity theft charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.