Bill Text: AZ SB1351 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Gift cards; theft; forgery
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-03 - Senate read second time [SB1351 Detail]
Download: Arizona-2025-SB1351-Introduced.html
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REFERENCE TITLE: gift cards; theft; forgery |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1351 |
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Introduced by Senator Gowan
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An Act
amending title 13, chapter 18, Arizona Revised Statutes, by adding section 13-1813; amending sections 13-2002 and 13-2310, Arizona Revised Statutes; relating to theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 18, Arizona Revised Statutes, is amended by adding section 13-1813, to read:
13-1813. Gift card theft; classification; definition
A. A person commits gift card theft if, with the intent to defraud, the person knowingly does any of the following:
1. acquires possession of a gift card or gift card information without the consent of the gift card holder, issuer or seller.
2. acquires possession of a gift card or gift card information by exploiting the gift card holder, issuer or seller.
3. Obtains money, goods, services or anything else of value with a gift card or gift card information that was acquired in violation of paragraph 1 of this subsection.
B. Gift card theft is a class 3 felony.
C. For the purposes of this section, "gift card" means a physical or digital closed-loop or open-loop gift card that is activated or inactivated.
Sec. 2. Section 13-2002, Arizona Revised Statutes, is amended to read:
13-2002. Forgery; classification; definitions
A. A person commits forgery if, with intent to defraud, the person:
1. Falsely makes, completes or alters a written instrument; or
2. Knowingly possesses a forged instrument; or
3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
C. Forgery is a class 4 felony, except that if the forged instrument is used in connection with the purchase, lease or renting of a dwelling that is used as a drop house or if the forged instrument is a gift card, it is a class 3 felony.
D. For the purposes of this subsection, section:
1. "Drop house" means property that is used to facilitate smuggling pursuant to section 13-2319.
2. "Gift card" has the SAME meaning prescribed in section 13-1813.
Sec. 3. Section 13-2310, Arizona Revised Statutes, is amended to read:
13-2310. Fraudulent schemes and artifices; classification; definitions
A. Any A person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
C. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars $100,000 or more or the manufacture, sale or marketing of opioids is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D. This state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
E. For the purposes of this section: ,
1. "gift card" has the SAME meaning prescribed in section 13-1813.
2. "Scheme or artifice to defraud" includes a scheme or artifice to deprive a person of either of the following:
(a) The intangible right of honest services.
(b) A gift card or gift card information.
