Identity theft is generally a financial crime that involves the use of illegally obtained information about another person—such as name, address, date of birth, Social Security number, and credit card numbers—in order to use existing credit accounts or open new ones in the other person’s name. When this happens, criminals capture the spending power of another person’s credit while sticking the victims (individuals, financial institutions, merchants) with the bill.

Laws regarding identity theft vary from state to state in their naming, classification, and penalties—with criminal offenses such as “Unauthorized Acquisition or Transfer of Certain Financial Information,” “Fraudulent Use or Possession of Identifying Information,” “Unlawful Possession of Personal Identifying Information,” “Identity Theft,” “Identity Fraud,” “False Personation,” or “Criminal Impersonation.”

Laws related to identity theft are generally located in a state’s statutes—often in the penal or criminal code.

In Arizona, identity theft is addressed under Arizona Revised Statutes (ARS) §13-2008 and §13-2009 among others. These laws make it illegal to obtain, possess, transfer, or use another person's personal identifying information without consent for any unlawful purpose, including obtaining or attempting to obtain credit, goods, services, or any other thing of value. Identity theft can be charged as a felony in Arizona, and the severity of the charges can range from a Class 4 to a Class 2 felony, depending on the circumstances and the amount of damage caused. Penalties for identity theft in Arizona can include imprisonment, fines, and restitution to the victims. Additionally, Arizona has a specific statute (ARS §44-1373) that allows victims of identity theft to petition the court for a factual declaration of innocence if they have been wrongly associated with a crime committed by someone who stole their identity.