Arizona Identity Theft Charges and Defenses

Under ARS § 13-2008, identity theft in Arizona is when someone takes or uses another person’s information—like their name, Social Security number, or other details—without permission to commit fraud.

This could be done using a real person’s identity or even a made-up identity. The law covers a wide range of situations, from using someone else’s identity to get credit or money to applying for a job using another person’s details.

What’s important to know here is that intent matters. To be charged with identity theft, the person must have knowingly used someone else’s identity with the goal of benefiting themselves in some way, whether financially or otherwise. 

Arizona law doesn’t require that the victim actually loses money; it’s enough if there was an intent to cause harm or use someone else’s identity for an unlawful purpose.

Identity theft is a class 4 felony, meaning it’s a serious crime. If convicted, a person could face prison time,fines, and might also need to pay restitution to the victim.

In Arizona, using a fake ID to buy alcohol is generally not considered identity theft under ARS § 13-2008. The statute has a specific exception that protects individuals under 21 who may use someone else’s information to attempt to purchase alcohol or other age-restricted items.

This means that if a minor uses a fake ID to try to buy alcohol, they won’t face identity theft charges just for that action.

While this exemption means young people won’t be charged with identity theft in these cases, it doesn’t mean they’re off the hook legally. They can still face other consequences, such as charges related to using a fake ID, which can result in fines, community service, or other penalties depending on the circumstances. 

In Arizona, aggravated identity theft is a more severe form of identity theft outlined in ARS § 13-2009. This offense involves additional factors that make it more harmful or complex than standard identity theft. 

1. Using Multiple Identities: Aggravated identity theft applies if someone knowingly uses or possesses the identifying information of three or more people or entities without their permission, intending to use these identities for an unlawful purpose or to cause harm. The harm could be financial or personal, and it doesn’t matter if the victim actually suffers a financial loss—simply intending harm is enough.

2. Significant Financial Loss to a Victim: If someone uses another person’s identity and causes them a financial loss of $1,000 or more, it qualifies as aggravated identity theft. This could happen, for instance, if a person takes out a loan or racks up significant charges under someone else’s name, leaving the victim to handle the financial burden.

3. Using a False Identity for Employment: Another example of aggravated identity theft is when a person uses someone else’s identity specifically to obtain employment. This situation often involves using someone else’s Social Security number or other personal information to secure a job, which can lead to complications for the true owner of the identity.

4. Knowingly Accepting a False Identity for Employment: Aggravated identity theft also includes the act of knowingly accepting a false identity for hiring purposes. If an employer knowingly accepts fake personal identifying information from someone during the hiring process and uses it to determine employment eligibility, they can also be charged under this statute.

Aggravated identity theft is considered a class 3 felony in Arizona, which is a more serious classification than standard identity theft. This means those convicted could face longer prison sentences, higher fines, and more severe repercussions overall.

 In Arizona, trafficking in the identity of another person or entity is defined under ARS  § 13-2010 and differs from standard identity theft (ARS § 13-2008) and aggravated identity theft (ARS § 13-2009) by focusing on the sale, transfer, or distribution of someone else’s identifying information to others for unlawful purposes.

While identity theft and aggravated identity theft involve the direct misuse of another person’s information by the offender, trafficking emphasizes enabling others to misuse that information, often for profit.

This distinction is why trafficking in identity is treated as a class 2 felony—it carries the highest penalties, reflecting Arizona’s stance on the broader harm this offense can cause.

1. Identity Theft (ARS § 13-2008): Standard identity theft, which includes using another person’s information without consent, is typically a class 4 felony in Arizona. This can lead to prison time ranging from 1.5 to 3 years for a first offense, along with potential fines and restitution to the victim. Repeat offenders may face longer sentences.
2. Aggravated Identity Theft (ARS § 13-2009): Aggravated identity theft, which involves factors like using three or more identities, causing financial losses over $1,000, or using another’s identity for employment, is considered a class 3 felony. This level of offense carries a more severe penalty, with prison sentences of 2.5 to 7 years for a first offense, depending on prior convictions and the circumstances of the case.

Trafficking in Identity (ARS § 13-2010): Trafficking in identity, which involves selling, transferring, or distributing someone else’s identifying information to third parties for unlawful purposes, is the most serious identity-related offense and is classified as a class 2 felony. Convictions for trafficking in identity can result in prison terms of 4 to 10 years, substantial fines, and other long-term consequences, reflecting the high level of harm associated with distributing identity information for criminal use.

When facing an identity theft charge in Arizona, several related offenses may apply depending on the details of the case. These related crimes include forgery, criminal impersonation, and unlawful use of a signature, each with its own set of consequences. 

Forgery (ARS § 13-2002)

Under ARS § 13-2002, forgery involves knowingly altering or creating a written document, such as signing someone else’s name or creating fake ID documents, with the intent to deceive. Typically, forgery is a class 4 felony in Arizona, but charges can escalate to a class 3 felony for high-value items or government ID documents.

Criminal Impersonation (ARS § 13-2006)

Criminal impersonation, defined by ARS § 13-2006, occurs when a person pretends to be someone else, whether to mislead others or gain something unlawfully. This offense closely aligns with identity theft crimes, as both involve using a person’s or entity’s identity without permission for unlawful gain. 

Facing multiple charges, such as Identity theft or forgery, can lead to compounded penalties.

Yes, identity theft charges can be defended by challenging the elements of the offense itself. In Arizona, to convict someone of identity theft, the prosecution must prove that the defendant knowingly used or possessed the information of another person, whether a real or fictitious identity, with intent to commit fraud. If any of these elements are disproven, a defense attorney may be able to weaken the prosecution’s case and potentially dismiss or reduce the charges.

One common defense is lack of intent. A criminal defense attorney can argue that the defendant did not knowingly or intentionally commit the crime, which is a required element in identity theft cases. For instance, if the defendant used the information by accident, or if there was a misunderstanding, this could counter the charge of intentionally taking the identity of another.

Another defense is proving consent. If the person accused of identity theft had permission to use someone else’s identifying information, then the charge may not hold. This defense applies to situations where, for example, the alleged victim allowed the defendant access to their personal identifying information for legitimate reasons, like assisting with financial matters.

In some cases, a defense attorney may also challenge the identity of the accused as the actual perpetrator, especially if the evidence is circumstantial. For example, if the information was accessed on a shared device or location, it may raise reasonable doubt about the defendant’s involvement.

If you’re facing identity theft charges in Arizona, Guardian Law’s Christian Lueders offers a strong defense backed by years of experience in criminal law and a background as a former felony prosecutor. Christian has extensive experience with various types of identity theft, from stolen identities and identity trafficking to identity theft for any unlawful purpose.

His knowledge of Arizona identity theft laws and strong ties within the legal community equip him to defend clients against even the most serious accusations.

Contact Guardian Law today for a free consultation to see how Chris