ARS 13-2009: Another person or entity
The complete text of A.R.S. § 13-2009 on another person or entity, what the State has to prove, and the sentencing range, with a violation charged as a class 3 felony and exposure reaching up to 8.75 years in prison.
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What the State Must Prove Under § 13-2009
A.R.S. § 13-2009 is the Arizona statute on another person or entity. The statute sets out 3 ways the offense can be committed. A violation is a class 3 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 8.75 years in prison.
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:
- 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.
- 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.
- Another person, including a real or fictitious person, with the intent to obtain employment.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-2009 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-2009
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:
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 section 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.
Source: Arizona Revised Statutes § 13-2009, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- Falsely Accused of Identity Theft in Arizona? (13-2008)
- Identity Theft Lawyer Arizona | A.R.S. 13-2008 Defense
- Is Identity Theft a Felony in Arizona? (13-2008)
Related Statutes in Chapter 20 — Forgery And Related Offenses
- A.R.S. § 13-2008 — Taking identity of another person or entity
- A.R.S. § 13-2010 — Trafficking in the identity of another person or entity
- A.R.S. § 13-2007 — Unlawful use of slugs
- A.R.S. § 13-2011 — Admission tickets
- A.R.S. § 13-2006 — Criminal impersonation
- A.R.S. § 13-2005 — Obtaining a signature by deception
- A.R.S. § 13-2004 — Criminal simulation
- A.R.S. § 13-2003 — Criminal possession of a forgery device
How Tamou Law Group Defends § 13-2009 Cases
A § 13-2009 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 3 felony and something far less serious, and it is where these cases are won.
We handle another person or entity cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-2009?
A.R.S. § 13-2009 is the Arizona statute on another person or entity. A violation is a class 3 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2009 a felony in Arizona?
Yes. Under the statute a violation is a class 3 felony, so the exposure reaches up to 8.75 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 3 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 3 felony at 2 years to 8.75 years, with a presumptive term of 3.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-2009?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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