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A.R.S. § 13-2009: Aggravated Identity Theft

Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification

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What is aggravated identity theft under Arizona law?

In Arizona, it is a class 3 felony to knowingly take or use someone's identifying information against three or more people without consent and with unlawful intent, against one person with unlawful intent causing an economic loss of one thousand dollars or more, or against anyone with intent to obtain employment. It is also a class 3 felony for an employer to knowingly accept another person's identifying information from someone who is not that person and use it to check work authorization, and possessing three or more people's identifying information outside the regular course of business may support an inference that it was held for an unlawful purpose.

Full statute text

Official text last checked against azleg.gov:

13-2009. Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification

A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either:

1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons' or entities' identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss.

2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose and causes another person or entity to suffer an economic loss of one thousand dollars or more.

3. Another person, including a real or fictitious person, with the intent to obtain employment.

B. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following:

1. Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information.

2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a.

C. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose.

D. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.

E. Aggravated taking the identity of another person or entity or knowingly accepting the identity of another person is a class 3 felony.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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