Read PDF Arizona Revised Statutes Title 38 2013: Public Officers and Employees

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Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees. This presumption may be rebutted by clear and convincing evidence.


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In any prosecution under subdivision 2, the value of the money or property or services the defendant receives or the number of direct or indirect victims within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of subdivision 3. Fraudulent use of identity, Social Security number, credit card or debit card number or other identifying information to obtain thing of value. The court may order that the defendant make restitution to any victim of the offense. Restitution may include payment for any costs, including attorney fees, incurred by the victim: 1 In clearing the credit history or credit rating of the victim; and 2 In connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising from the actions of the defendant.

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If restitution is ordered, the court may include, as part of its determination of an amount owed, payment for any costs incurred by the victim, including attorney fees and any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.

Any second or subsequent conviction under this subdivision is a Class I misdemeanor. Identity fraud is a Class I misdemeanor. Obtaining and using personal identifying information of another person to harm or impersonate person, to obtain certain nonpublic records or for other unlawful purpose. Obtaining, using, possessing or selling personal identifying information for unlawful purpose by public officer or public employee.

Possession or sale of document or personal identifying information to establish false status or identity. Capturing, storing, reading, retaining, using or disclosing information from radio frequency identification document of another person. A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation.

Restitution to a victim of an offense under N. A person, who knowingly distributes, manufactures or possesses any item containing personal identifying information pertaining to another person, without that person's authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone is guilty of a crime of the fourth degree.

If the person distributes, manufactures or possesses 20 or more items containing personal identifying information pertaining to another person, or five or more items containing personal information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the third degree.

If the person distributes, manufactures or possesses 50 or more items containing personal identifying information pertaining to another person, or ten or more items containing personal identifying information pertaining to five or more separate persons, without authorization, and with knowledge that the actor is facilitating a fraud or injury to be perpetrated by anyone the person is guilty of a crime of the second degree. A person found guilty of theft of identity or of obtaining identity by electronic fraud shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by a person injured as the direct result of the offense.

In addition to out-of-pocket costs, restitution may include payment for costs, including attorney fees, incurred by that person in clearing the person's credit history, credit rating, criminal history or criminal charges or costs incurred in connection with a legal proceeding to satisfy a debt, lien, judgment or other obligation of that person arising as a result of the offense.

Adverse action as used in this subdivision shall mean and include actual loss incurred by the victim, including an amount equal to the value of the time reasonably spent by the victim attempting to remediate the harm incurred by the victim from the offense, and the consequential financial losses from such action.

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Class G felony, except it is punishable as a Class F felony if: i the victim suffers arrest, detention, or conviction as a proximate result of the offense, or ii the person is in possession of the identifying information pertaining to three or more separate persons. Financial loss included under this subsection may include, in addition to actual losses, lost wages, attorneys' fees, and other costs incurred by the victim in correcting his or her credit history or credit rating, or in connection with any criminal, civil, or administrative proceeding brought against the victim resulting from the misappropriation of the victim's identifying information.


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A second or subsequent offense is a class A felony. A person is guilty of an offense if the person uses or attempts to use any personal identifying information of an individual, living or deceased, without the authorization or consent of the individual, in order to interfere with or initiate a contract or service for a person other than that individual, to obtain or continue employment, to gain access to personal identifying information of another individual, or to commit an offense in violation of the laws of this state, regardless of whether there is any actual economic loss to the individual.

A first offense under this subsection is a class A misdemeanor. A second or subsequent offense under this subsection is a class C felony.

I 2 Except as otherwise provided in this division or division I 3 of this section, identity fraud is a felony of the fifth degree. I 3 Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree. Actual damages shall include, but not be limited to, funds spent related to counseling, identity theft or libel. Any profits from the unauthorized use of such person's likeness that are attributable to the use may be considered in the computation of actual damages.

The prevailing party in any action under this section shall be entitled to attorney fees and costs. A felony offense punishable in the same manner and to the same extent as for larceny of the money or property so received. Any person convicted of violating any provision of this section shall be guilty of identity theft. Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court.

The victim of identity theft may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft. A felony offense punishable by imprisonment in the Department of Corrections for a term of not more than 10 years. In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision. As part of the restitution that the court may impose for the crimes described in this subchapter, it may also demand the reimbursement of the expenses of the victim for the restoration of his credit, including the payment of any debt or obligation arising from the acts of the offender.

Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than 10 years, or both.

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The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: A Any property, real or personal, directly or indirectly acquired by or received in violation of this section; B Any property, real or personal, received as an inducement to violate this section; C Any property, real or personal, traceable to the proceeds from the violation; D Any property, real or personal, used in connection with or to facilitate a violation of this section; and E All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.

The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation.

This echoes a sentiment set forth in e-mails to students from interim president Chris Haines, in which she urged disgruntled students that, "should you want to voice your displeasure with this state law please contact your legislative representative or you can contact the secretary of state Michele Reagan. Haines assumed the role of interim president in April. According to Phoenix College, students who were enrolled in this class have been given two options upon hearing of Sallis' resignation: Either transfer to another class or to accept a refund.

Through interviews with many of those same students — as well as Sallis — it seems most have chosen to withdraw from the courses, though many continue to meet privately. It is not even a shadow of what it was without him. Jim is uniquely gifted, both as a teacher and as a writer. I doubt Maricopa has two such diamonds up their sleeve," says Amy McLane, a student of Sallis' since , who has taken to organizing an alternative critique group as a stand-in for the canceled creative writing courses. You have successfully signed up for your selected newsletter s - please keep an eye on your mailbox, we're movin' in!

Besides which, it is definitively unconstitutional, so those who would uphold it are, at best, upholding the letter of the law while ignoring its spirit. You are a veteran if you were discharged honorably. VA benefit eligibility has more requirements so just because you may not qualify for VA benefits, you are entitled to military honors regarding funeral and certainly check the veteran box unless it specifically calls out combat veteran.

I know of a person who served less than four months and was discharged because he could not handle it. He had no medical condition, he just wanted out. There is also an entry-level separation given usually within the first days for medical or other reasons. They are usually not considered a veteran. He claims he is a veteran and uses it in his business which I think is a sham.

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His was not an dishonorable discharge but he is hardly a veteran in my opinion. With all of the people trying to claim this honor there should be a CLEAR definition of what it requires to be a Veteran!

source site DS B must have his dates wrong as May, to Sept is much longer than days. I respect that he wants to be sure before stating he is a veteran, shows integrity. I was discharged separated with a week left in basic, I had issues with my back.

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Basic training is technically active duty, correct? I half ass agree with you about the person who quit after 4 months and claims it on his business. Reason is, regardless of his length of time in service he still served even if only very little which kind of makes him a veteran.

Because I am sure he went in with good intentions, until he found out how fit a true soldier must be or become. Because experienced Veterans like us know that a squad, platoon, company, etc. If you have never reached the days , you are not a veteran, why because you discharge will say other than, instead for those even for training purposes did days the DD says Honorable discharge , go check your DD!

I hope NY Honor that too like in Pennsylvania. I hope that our new President will recognized all reservist and national guard who did 8 years first term the status of veteran, that is fair. I am glad to see someone else feels as I do. I served with an Army Reserve Unit from to and was honorably discharged. I am told by Veterans who served in Vietnam that if I signed the papers and was willing to be called up that I deserve the title Veteran.

Coast Guard work for the Department of Homeland Security unless in time of war???

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Thanks u so much. Just to be clear. I served in the Army National Guard. Went through Basic Training, AIT did my 6 years going to drill once a month and 2 weeks a year in the summer and then 2 years inactive and was discharged after completion of service. Am I a Veteran? If so then you DD should say honorable discharge , otherwise will say other than.

I am like you but I did not take the 2 years non active reserve , I did my whole 8 years, my licence says veteran, in the State of Pennsylvania, Puerto Rico give me 5 point for state exams I hope in NY honor the same, I get discount. If you want to now check if you were active for and have a DD as honorable discharge. For the purposes of VA health benefits and services, a person who served in the active military service and who was discharged or released under conditions other than dishonorable is a Veteran.

I was in the Air Force Reserve did my 6 years and then served 2 more. I too feel unsure about my status so much so that when I am at an event and someone asks if all the vets in the room would please stand in order to be recognized, I am slow getting out of my seat because I still have a question in my mind and it has been 40 years since I was in uniform. Very sad for all of us, especially those of us that reenlisted when we could have walked away.