13-2008. Taking identity of another person or
entity; knowingly accepting identity of another person;
classification
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. 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. 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.
D. 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.
E. This section does not apply to a violation of section 4-241 by a person who is
under twenty-one years of age.
F. Taking the identity of another person or entity or knowingly accepting the
identity of another person is a class 4 felony.
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