Arizona Laws 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:
Terms Used In Arizona Laws 13-2009
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
- Entity identifying information: includes , if the entity is a person other than a human being, any written document or electronic data that does or purports to provide information concerning the entity's name, address, telephone number, employer identification number, account number or electronic serial number, the identifying number of the entity's depository account or any other information or data that is unique to, assigned to or belongs to the entity and that is intended to be used to access services, funds or benefits of any kind that the entity owns or to which the entity is entitled. See Arizona Laws 13-2001
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Personal identifying information: means any written document or electronic data that does or purports to provide information concerning a name, signature, electronic identifier or screen name, electronic mail signature, address or account, biometric identifier, driver or professional license number, access device, residence or mailing address, telephone number, employer, student or military identification number, social security number, tax identification number, employment information, citizenship status or alien identification number, personal identification number, photograph, birth date, savings, checking or other financial account number, credit card, charge card or debit card number, mother's maiden name, fingerprint or retinal image, the image of an iris or deoxyribonucleic acid or genetic information. See Arizona Laws 13-2001
- Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
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 § 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.