Question: My niece used her grandfather's SSN and DOB and baby's SSN and DOB to obtain loans from a payday loan place online. She did not repay the loans and they went to collections. The collection agency called her grandfather to collect. In order for the debt to be deleted from her grandfather, he had to file a police report. What is the possibility of my niece being charged with identity theft and or fraud? What would the possible sentence be?
Answer:
You may want to look at the Arizona laws on identity theft. Take a look at A.R.S. § 13-2008, the Arizona law discussing the violation and punishment for taking the identity of another person. Section (f) of that law states, "Taking the identity of another person or entity or knowingly accepting the identity of another person is a class 4 felony."
Chapters 7-9 in Title 13 (the criminal code) explain the different possibilities of imprisonment, fines and probation. Any possible sentence depends on the classification on the crime, mitigating and aggravating circumstances as well as whether this was the persons first offense.
You may also want to look at the Arizona Attorney General's website. The website explains what actions a person should take if he or she has been the victim of identity theft.
December 30, 2008
Legal Services Corporation