What is Taking identity of another person or entity A.R.S. 13-2008?
A violation of A.R.S. 13-2008 requires the state to prove beyond a reasonable doubt that a person, with knowledge of doing so,
any personal identifying information of a person or entity, such as the use of someone else's name, birth date or even social security numbers without their consent or permission.
If the use of the other person's or entity is done with the intent to obtain or use that identity:
- for an unlawful purpose
- to cause harm
- or to cause loss
whether or not a person r entity suffers any economic loss or to obtain or continue employment.
The most common situation arise when someone wishes to purchase something using another identification or when someone seeks employment who is otherwise not allowed to be employed, such as an illegal immigrant.
What are Penalties for Taking Identity of Another Person or Entity
It is a class four felony for violating A.R.S. 13-2008. As a first time offender the range of sentence for a non-dangerous crime is a presumptive sentence of 2.5 years imprisonment with a minimum of 1.5 years and a maximum of 3 years. This sentence can be aggravated to 3.75 years or mitigated to 1 year imprisonment.
Conviction of A.R.S. 13-2008, may result in a term of probation up to 10 years. As a condition of probation, a jail sentence of up to 12 months may be required.
Defenses to Taking Identity of Another Person or Entity A.R.S. 13-2008.
The foremost defense for identity theft pursuant to A.R.S. 13-2008, is the person charged did not do it. Other arguable defenses include:
- Mistaken Identity
- Constitutional Violations
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