Identity Theft in Arizona: ARS 13-2008

Posted on March 28, 2026 in White Collar & Fraud

Identity theft is a criminal offense under Arizona Revised Statute 13-2008. It occurs when one person knowingly takes or uses the identity of another person or business for any unauthorized use, or to cause loss to another person, or to obtain or continue employment.

A conviction for identity theft in Arizona is a Class 4 felony that can carry a prison sentence, a six-figure fine, and the loss of certain civil rights. If you have been charged with this serious offense, call AZ Defenders at (480) 456-6400 to speak with an experienced identity theft lawyer. You can also reach us online.

How Does Arizona Law Define Identity Theft?

The Arizona law that makes identity theft a crime is Arizona Revised Statutes (ARS) Section13-2008. This statute lays out the following elements of identity theft:

1. Knowingly taking, purchasing, manufacturing, recording, possessing, or using any information identifying a person or entity;
2. Without the consent of that person or entity;
3. With the intent to obtain or use that person or entity’s identity for any unlawful purpose, or to cause loss; or
4. With the intent to obtain or continue employment.

The person or entity does not need to be a real person or entity. It can be fictitious.

It is not necessary to use the information of a person or entity to commit identity theft; possession alone can support a conviction, so long as it is without consent and the intent exists to unlawfully use the information.

Examples of Identity Theft

Given the breadth of the statutory language, identity theft can take many specific forms. Common types include:

• Making purchases through credit card fraud or debit card fraud
• Obtaining credit, like a credit card or a loan, by opening an account in someone else’s name
• Buying a vehicle using someone else’s identity
• Renting an apartment under another person’s name
• Obtaining utility services
• Receiving medical services
• Re-routing mail
• Impersonating a law enforcement officer
• Obtaining employment, or filling out tax information like a USCIS I-9 form, or continuing employment using false identification
• Using someone else’s identity to obtain medical treatment, or to fill a prescription
• Creating a fictitious personal or business identity for any unlawful purpose
• Possessing someone else’s Social Security number, driver’s license, or financial account data with the intent to engage in unlawful activity

Distinguish Identity Theft from Unauthorized Access to Information

It can be a violation of the law to gain access to personal or entity-identifying information without committing identity theft.

For example, under ARS 13-2316(A), computer tampering can consist of knowingly accessing a computer system, computer network, software, or computer data without authority or proper access, or to obtain information required to be kept confidential by law, or to access systems operated by the state of Arizona, health care providers, or clinical labs even without the intent to misuse the information.

Distinguish Using Fake ID for a Minor Purchasing Alcohol

ARS 13-2008(D) specifically excludes from the provisions of ARS 13-2008(A) the use of a fake identity by a person under age 21 for the purpose of buying alcohol. 

This conduct is prosecuted under ARS 4‑241 and may be charged as a misdemeanor, with the classification depending on the specific subsection and conduct involved.

Aggravated Identity Theft

Identity theft can become a Class 3 felony in Arizona under ARS 13-2009 if:

• The taking, purchase, manufacture, recording, possession, or use of personal identifying information of three or more persons or entities is involved (the possession of such information of three or more persons creates an inference of an unlawful purpose under ARS 13-2009(C)).
• The intent to cause loss to another person or entity causes that person or entity to suffer a loss of $1000 or more.
• The identity theft is for the purpose of obtaining employment.

Note that ARS 13-2008(A) states that it is an act of identity theft to “obtain or continue employment,” while ARS 13-2009(A)(3) makes it an act of aggravated identity theft to commit identity theft to “obtain employment.” The difference is that ARS 13-2009(A)(3) specifically carves out gaining employment through identity theft and makes it a more serious offense.

This creates a distinction: it is a Class 3 felony to commit identity theft to gain employment, but it is a Class 4 felony to commit identity theft to continue employment.

ARS 13-2009(B) makes knowingly accepting unlawfully obtained personal identifying information, of a real or fictitious person, to employ another person an act of aggravated identity theft.

What are the Penalties for Identity Theft in Arizona?

As we have seen above, identity theft can be a Class 4 or a Class 3 felony in Arizona, depending on whether it is aggravated identity theft.

The table below compares the applicable punishments under each of these felony classifications.

Penalty Comparison: ARS 13‑2008 vs. ARS 13‑2009

Category	ARS 13‑2008 Taking Identity of Another	ARS 13‑2009 Aggravated Identity Theft
Felony classification	Class 4 felony	Class 3 felony
Typical conduct	Single‑victim identity theft; includes obtaining or continuing employment	Aggravated conduct, including identity theft to obtain employment, multiple victims, or significant loss
Prison range (first offense, non‑dangerous)	1.0 – 3.75 years	2.0 – 8.75 years
Presumptive prison term	2.5 years	3.5 years
Aggravated maximum (first offense)	3.75 years	8.75 years
Probation eligibility (first offense)	Yes, commonly available	Yes, but courts are more likely to impose prison
Prison range with 1 historical prior felony	2.25 – 7.5 years	3.25 – 16.25 years
Prison range with 2+ historical priors	6 – 15 years	7.5 – 25 years
Maximum fine (per count)	Up to $150,000	Up to $150,000
Collateral consequences	Felony record; loss of civil rights; immigration consequences possible	Same consequences, but greater likelihood of long‑term incarceration

Defenses to a Charge of Identity Theft

Defending against the serious consequences of identity theft charges requires not only an understanding of the applicable Arizona statutes but also a strategic approach to mitigating potential consequences such as prison time, fines, and a lasting criminal record.

As with most defense strategies to a criminal charge, your possible legal defenses to a criminal case of identity theft should consider two fundamental approaches: attacking the elements of the charge, and holding the police and prosecution to the standards they must uphold in arresting you and gathering and preserving evidence obtained against you.

Attacking the Elements of the Charge

The prosecution must prove every element of an identity theft charge beyond a reasonable doubt. Thus, if you can cast reasonable doubt on any one element, you would not be convicted of the crime.

Your criminal defense lawyer can consider the following approaches to creating a strong defense against you:

• Lack of intent. You did not knowingly or deliberately use another person’s information.
• Mistaken identity. This can be a defense if someone else committed the offense and you have been wrongfully accused.
• Consent. The alleged victim consented for you to use that person’s personal information.
• Insufficient evidence is a potential defense, as the prosecution must prove beyond a reasonable doubt that the accused committed the crime, which can be difficult without clear proof linking them to the alleged fraudulent activity.
• Alibi. You can present evidence that you were elsewhere at the time the identity theft occurred.

Procedural Defense Strategies

Police and prosecutors must carefully follow procedures in the investigation and pursuit of a case against you for identity theft or any other crime. The failure to adhere to these procedures can lead to evidence against you becoming inadmissible in court. This, in turn, can seriously damage the prosecution’s case against you.

• For example, if the police improperly gathered physical evidence against you, this might be subject to challenge as an unlawful search and seizure.
• Or, if the police did not properly inform you of your Miranda rights and/or violated those rights, this can be grounds for challenging the ability of the police to use any statements or confessions you might have made while subjected to an in-custody interrogation.
• The police must maintain a careful chain of custody for any evidence in their possession to avoid the possibility that it will be compromised. The failure to properly preserve the chain of custody can create reasonable doubt in the reliability of any evidence so compromised.
• Sometimes, you might get caught up in a police operation that creates a controlled opportunity for someone to violate ARS 13-2008. For example, an undercover police officer might pose as an employer, looking to catch people using false identification to obtain employment. If the police become too aggressive in such “sting” operations, you may have an entrapment defense.

These are not the only potential defenses you may have to an identity theft prosecution. Your defense lawyer will work with you by investigating the facts of your particular case to find any and all available defense strategies to use in plea negotiations or in trial defense.

Have You Been Charged With Identity Theft in Arizona?

As the table above shows, a conviction for identity theft in Arizona is a serious felony offense that can cost you years of your freedom, saddle you with a massive fine, and leave you with long-term collateral negative consequences on your public record that can follow you the rest of your life.

Because of these severe legal consequences, you need an experienced lawyer on your side if you are facing identity theft charges, the kind of lawyer you will have when you retain the services of AZ Defenders.

Our legal team has decades of combined experience representing thousands of clients against serious criminal charges in Arizona, including identity theft cases. We have Board Certified specialists in Criminal Defense, recognized by the Arizona State Bar Board of Legal Specialization.

Our highly motivated and dedicated identity theft attorneys bring their decades of criminal law experience to your case, utilizing intensive investigative abilities and comprehensive trial litigation experience to your benefit. You can rely on us to do everything possible to secure the best possible outcome on your behalf.

To speak with an AZ Defenders Phoenix identity theft attorney, call us at (480) 456-6400 at any time for a free consultation. You can also reach us through our online contact form.