HB
2097 - provides minimum jail penalties for
specific identity theft offenses.
History
A.R.S. § 13-2008 defines identity theft as knowingly taking,
purchasing, manufacturing, recording, possessing or using the personal
identifying information of another person or entity without consent
and with the intent to use that identity for an unlawful purpose
or to cause a loss to the person or entity. Taking the identity
of another person a Class 4 felony (2 ½ year presumptive
term of incarceration).
In 2005, two additional identity theft offenses
were established in statute: aggravated identity theft and trafficking
in the identity of another person. A.R.S. § 13-2009 provides
that a person commits aggravated identity theft by taking the identity
of five or more persons or entities, or by taking the identity
of another person and causing an economic loss of $3,000 or more.
Aggravated identity theft is a Class 3 felony (3 ½ year
presumptive term of incarceration). A.R.S. § 13-2010 provides
that a person traffics in the identity of another person by knowingly
selling, transferring or transmitting any personal identifying
information without consent, for an unlawful purpose or to cause
a loss. Trafficking in the identity of another person is a Class
2 felony (5 year presumptive term of incarceration).
For the purposes of identity theft, personal identifying information
is defined in A.R.S. § 13-2001 as:
“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.”
Provisions
· Requires the court to order a person convicted
of aggravated identity theft or trafficking in the identity of
another person to serve at least one year in county jail if sentenced
to a term of probation for the conviction. The one year sentence:
- Is ordered as an initial condition of probation.
- Cannot
be deleted, deferred or suspended.
- Commences on the
date of sentencing.
- Does not apply to a person sentenced
to incarceration at the Arizona Department of Corrections.
Please check with Arizona State Legislature for the most
up-to-date information.
According to the Federal Trade Commission, Arizona ranked first in
ID theft complaints in 2004 among all states, and metro Phoenix
ranked number one among all metropolitan areas in the country.
The Attorney General's Office is working hard to reduce ID theft
in Arizona. Arizona identity theft information and links are listed
below.