While identity theft is a criminal offense in every state, Arizona has particularly strong penalties for assuming another person's identity. Identity theft is considered a Class 4 Felony in Arizona, which means that it carries a minimum sentence of one year in prison in addition to paying back any stolen funds and fines. If the crime is considered "aggravated," the penalty may be as much as 3.75 years.

What is identity theft?

According to Arizona law, identity theft is defined as knowingly taking, manufacturing, or using another person or entity's identifying information without their consent for any unlawful purpose. Three elements define this law:

1) Did you know you were taking someone else's information?

2) Did you use the information without the owner's consent?

3) Did you use the information for any unlawful purpose?

The First Element: Did you know?

Statute ARS § 13-2008 (A): "A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information..."

In essence, this element means that the offender had to know that they were using someone else's information. While this may seem obvious, it is a vital detail to spell out in the law. For example, imagine that you are making an online purchase on a shared computer. You allow auto-fill to complete your order, only to discover later that your roommate's information had been saved over yours. You inadvertently used their name and credit card information on your purchase.

While this is an unfortunate mistake and an awkward conversation with your roommate, it is not identity theft because you did not know the wrong information was applied.

The second element: Did you have consent?

Statute ARS § 13-2008 (A): "...uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity..."

This facet of the law deals with authorization. Using the previous scenario, imagine that instead of accidentally using your roommate's information, you did so on purpose at their request. If your roommate gives you all of their details and asks you to make a purchase on their behalf, you have permission to use the information as long as you are using it within the terms of their consent. It becomes identity theft if you use the information in a way your roommate did not intend or allow.

The third element: did you intend to break the law?

Statute ARS § 13-2008 (A): "...with the intent to obtain or use the other person's or entity's identity for any unlawful purpose..."

This is the most critical element. Did you intend to break the law? If you set out to steal a person or entity's information for your personal gain, you have fulfilled this criminal element. If you knew your roommate's information was saved and decided to use the data to transfer all of their money into your name, you have committed identity theft. You intended to steal their money, you knew what you were doing, and you did not have consent. This completes all three elements of the crime of identity theft.

What are some similar crimes related to identity theft?

Under Arizona's civil code, it is a crime similar to identity theft for a company to retain its customer's personal information. There are very few exceptions to this law, and those exceptions are generally for credit checks or when fraud is detected. Misuse of customer information is punishable by hefty fines that become larger with every subsequent offense, up to five thousand dollars.

What rights do identity theft victims have?

Arizona law has specific protections for victims of identity theft:

ARS § 13-4440, Right to be Heard- This section of the law says that the victim of identity theft has the right to be present in the courtroom while the court determines if their loss was indeed identity theft and not the victim's fault. This process is called a Petition for Factual Innocence.

ARS § 44-7501 (A), Right to be Notified- Any business that experiences a security breach must notify the people who may be affected "in the most expedient manner possible and without unreasonable delay.". A victim has the right to be informed as soon as possible if their information has been compromised.

ARS § 44-1698, Right to a Security Freeze- All consumers have the right to request a security freeze in writing and have it placed within ten days of their request. This freeze stops their credit from being run or used until the freeze is lifted and can be vital protection during identity theft. It is a civil crime for a company to grant credit when there is a security freeze in place.

What are the sentencing guidelines for identity theft?

In Arizona, there are five sentencing levels for each class of crime: mitigated, minimum, presumptive, maximum, and aggravated. Each represents the usual amount of prison time a person can expect according to the circumstances of their crime. Minimum, presumptive, and maximum are the most common sentences.

For identity theft, a mitigated sentence would be given if something justified the crime to some degree. Minimum is the base level of sentencing, and presumptive is the most likely sentence a criminal will receive. Maximum is the most prison time allotted for the crime on its own. Aggravated sentencing is used when identity theft is not the only crime that happened. If you assaulted someone to steal their identity, you have committed aggravated identity theft as well as assault, so your sentencing would be heightened. The following are the Arizona sentencing guidelines for identity theft.

• Mitigated- 1 year
• Minimum- 1.5 years
• Presumptive- 2.5 years
• Maximum- 3 years
• Aggravated- 3.75 years

Case of identity theft in Arizona

In a high profile Arizona case, a Phoenix chiropractor was sentenced to 18 months in prison and forced to pay over $400k in restitution for an elaborate identity theft scheme. The doctor used personal and financial information to make fraudulent wire transfers to himself, stealing the identity of over fifty of his patients.

While the number of victims in this case is unusual, the crime itself is not. The Bureau of Justice Statistics estimates that over 10% of people over the age of 16 have been identity theft victims in the last 12 months.

Who is most at risk for identity theft?

Victims of identity theft are most often the most defenseless or most exposed in society-- children, the elderly, the deceased, and military personnel.

Children, older adults, and deceased individuals are easy targets because the impact is not noticed as quickly. Typically people discover their identity has been stolen when their financial accounts are impacted. Many older people do not actively control their finances, nor do children, so their information can be stolen without notice. The same theory applies to the deceased. Military personnel often have a trust for their finances, move around frequently, and wire money more than civilians. This lifestyle creates ample openings for would-be hackers.

Wrapping things up...

Identity theft is a complex crime with many facets. To be convicted of identity theft, you need to have known about the crime, taken the information without consent, and intended to commit an unlawful act. Depending on the severity of the crime, a perpetrator may be sentenced to nearly four years in prison. Anyone can be a victim of wire fraud, and it is vital to remain aware and informed.