Understanding ARS 13-2009: Identity Theft in Arizona


Arizona Revised Statutes ARS 13-2009 defines and governs the crime of identity theft in the state. As one of the most common and rapidly growing financial crimes, identity theft poses serious risks to individuals, businesses, and government agencies. Arizona has enacted strict laws to deter offenders and protect victims, making ARS 13-2009 an essential statute for anyone involved in a criminal investigation, defense matter, or fraud-related dispute.

What ARS 13-2009 Covers

ARS 13-2009 makes it illegal for a person to “knowingly take, purchase, manufacture, record, possess, or use any personal identifying information of another person without consent.” The statute applies when the individual intends to use that information for any unlawful purpose, including obtaining goods, services, employment, government benefits, or avoiding identification during an arrest.

The law covers a wide range of identifying information, including:

  • Name, date of birth, or address

  • Social Security numbers

  • Driver’s license or state ID numbers

  • Credit card or banking information

  • Digital account access credentials

  • Tax identification numbers

  • Biometric data

Identity theft also includes situations in which someone uses another person’s identity to mislead law enforcement, commit additional crimes, or obtain financial gain.

Different Forms of Identity Theft Under ARS 13-2009

Arizona recognizes that identity theft can occur in multiple ways, from simple misuse of a credit card to large-scale digital data breaches. Common types include:

  • Financial identity theft – Accessing or using financial accounts without permission.

  • Criminal identity theft – Providing another person’s information during police contact to avoid charges.

  • Employment or benefits fraud – Using someone else’s identity to obtain jobs, housing, or public benefits.

  • Medical identity theft – Using another’s information to obtain medical procedures, prescriptions, or insurance benefits.

  • Digital identity theft – Hacking online accounts, stealing passwords, or phishing for sensitive data.

Penalties Under ARS 13-2009

Identity theft is typically charged as a Class 4 felony, which carries:

  • 1 to 3.75 years in prison for first-time offenders

  • Higher sentencing ranges for prior convictions

  • Court-ordered restitution to victims

  • Potential fines and probation

  • Long-term consequences such as damaged credit and limited employment opportunities

If aggravating factors are present—such as involvement in organized crime, targeting vulnerable individuals, or stealing multiple identities—the charges may escalate to more serious felonies. The sentence can increase substantially when identity theft is committed as part of a broader fraudulent scheme or combined with other financial crimes.

Building a Defense Against Identity Theft Charges

Defending an ARS 13-2009 charge requires a thorough understanding of intent, authorization, and digital evidence. A strong defense may include:

  • Demonstrating lack of criminal intent

  • Showing authorization to use the information

  • Challenging the chain of custody of digital evidence

  • Exposing flaws in the investigation

  • Proving mistaken identity or identity fabrication

  • Highlighting procedural errors by law enforcement

Because identity theft cases often involve complex digital trails and financial records, an experienced legal team can play a crucial role in protecting the accused.

Conclusion

Facing a charge under ARS 13-2009 is serious and can have lasting consequences. If you need help understanding your rights or finding experienced legal support, rely on Lawyer Listed, LLC.

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