A. A person commits 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 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 or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.
B. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred.
C. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.
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. Taking the identity of another person or entity is a class 4 felony.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 2007–2026 · leading case:
Puente Arizona v. Arpaio, 76 F. Supp. 3d 833 (D. Ariz. 2015).
Puente Arizona v. Arpaio, 76 F. Supp. 3d 833 (D. Ariz. 2015).
· cites it 19× “Over the next decade, Arizona repeatedly amended this statute — now codified at A.R.S. § 13-2008 — by expanding the definition of identity theft.”
State v. Sharma, 165 P.3d 693 (Ariz. Ct. App. 2007).
· cites it 2× “” A.R.S. § 13-2008(A) (2001) (emphasis added).”
State v. Loustaunau (Ariz. Ct. App. 2019).
· cites it 6× “¶3 The jury found Loustaunau guilty of one count of taking the identity of another, a class 4 felony under A.R.S. § 13-2008, and one count of theft of a credit card, a class 5 felony under A.”
State v. Eisenmann (Ariz. Ct. App. 2018).
· cites it 4× “Counts 21, 28, 44, and 55 are based on A.R.S. § 13-2008, which is the lesser- included offense of A.”
State v. Mente (Ariz. Ct. App. 2017).
· cites it 3× “") section 13-2008 (2017).3 At trial, over Mente's objection, the court instructed the jury it could convict Mente if it found he "knowingly took, manufactured, recorded, possessed, or used any personal identifying information of another person .”
Adusei (D. Ariz. 2026).
· cites it 3× “3 Accordingly, the Court will dismiss the following counts with prejudice: (1) Count 4 II insofar as it is asserted under § 7206 and § 1001; (2) Count III; and (3) Count VI. 5 2. Count I: Legal Malpractice and Breach of Fiduciary Duty 6 Plaintiff alleges that BFFB and Auer…”
State v. Romero (Ariz. Ct. App. 2017).
· cites it 2× “§ 13-1204(A), a Class 3 felony, in February 2005, for which he was sentenced to 4 years’ probation; and (3) taking another’s identity in violation of A.R.S. § 13-2008(A), a Class 4 felony, in January 2013.”
State v. Burger (Ariz. Ct. App. 2022).
· cites it 2× “” A.R.S. § 13-2008(A). ¶16 A person commits theft of a credit card if the person “[c]ontrols a credit card without the cardholder’s or issuer’s consent through conduct prescribed in § 13-1802 or 13-1804,” such as by controlling property of another “with the intent to deprive the…”
State v. Dickenson (Ariz. Ct. App. 2015).
· cites it 3× “”) section 13-2008; one count of aggravated identity theft (count 12), a class three felony in violation of A.”
— Ariz. Rev. Stat. § 13-2008(A) — 8 cases
Puente Arizona v. Arpaio, 76 F. Supp. 3d 833 (D. Ariz. 2015).
“Over the next decade, Arizona repeatedly amended this statute — now codified at A.R.S. § 13-2008 — by expanding the definition of identity theft.”
State v. Sharma, 165 P.3d 693 (Ariz. Ct. App. 2007).
“” A.R.S. § 13-2008(A) (2001) (emphasis added).”
State v. Romero (Ariz. Ct. App. 2017).
“§ 13-1204(A), a Class 3 felony, in February 2005, for which he was sentenced to 4 years’ probation; and (3) taking another’s identity in violation of A.R.S. § 13-2008(A), a Class 4 felony, in January 2013.”
State v. Mente (Ariz. Ct. App. 2017).
“") section 13-2008 (2017).3 At trial, over Mente's objection, the court instructed the jury it could convict Mente if it found he "knowingly took, manufactured, recorded, possessed, or used any personal identifying information of another person .”
State v. Eisenmann (Ariz. Ct. App. 2018).
“Counts 21, 28, 44, and 55 are based on A.R.S. § 13-2008, which is the lesser- included offense of A.”
— Ariz. Rev. Stat. § 13-2008(E) — 1 case
State v. Loustaunau (Ariz. Ct. App. 2019).
“¶3 The jury found Loustaunau guilty of one count of taking the identity of another, a class 4 felony under A.R.S. § 13-2008, and one count of theft of a credit card, a class 5 felony under A.”
— Ariz. Rev. Stat. § 13-2008(a) — 1 case
Puente Arizona v. Arpaio, 76 F. Supp. 3d 833 (D. Ariz. 2015).
“Over the next decade, Arizona repeatedly amended this statute — now codified at A.R.S. § 13-2008 — by expanding the definition of identity theft.”
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