Identity Theft: A.R.S. 13-2008
Identity theft is a crime with serious ramifications for the offender as well as complicated recovery challenges for the victim. According to the Federal Trade Commission, in 2021, Arizona had a total of 18,787 reports of identity theft. Of these, credit card fraud was by far the most prominent form reported. Other forms of identity theft common in Arizona include loan or lease fraud, employment fraud, tax fraud, bank fraud, and phone/utilities fraud.
The Arizona Attorney General exemplifies identity theft as a crime commonly committed by an individual using someone else’s name, social security number, driver’s license number, or financial account information to do the following (among others):
- Make fraudulent purchases.
- Open credit card accounts.
- Rent housing.
- Obtain a loan.
- Purchase a vehicle.
- Re-route mail.
According to A.R.S. 13-2008, identity theft occurs when a person takes the identity of another person or entity with the intent to use that information for any unlawful purpose or to cause loss to that person or entity. To note, a person can be charged with identity theft:
- Whether or not the victim suffered any economic loss.
- For the purposes of obtaining or continuing employment.
- Even if the victim was a fictitious person or entity.
Victims of identity theft will have a report taken by law enforcement regarding the offense.
Consequences of Identity Theft Charges
Taking the identity of another person or entity is a class 4 felony in Arizona. First-time offenders can be incarcerated for up to 3.75 years.
Moreover, if a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.
Offenders of aggravated identity theft can be charged with a class 3 felony offense. This offense involves more severe identity theft crimes and results in harsher penalties.
Protect yourself from identity theft. For more information on how to prevent identity theft, or the steps to take if you’ve been victimized by such a crime, read our article with this useful information.
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