ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DPA 4-3-0-0 | 3rd Read 16-10-0-4

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1351: gift cards; theft; forgery

Sponsor: Senator Gowan, LD 19

Committee on Judiciary

Overview

Creates the offence of gift card theft.

History

A.R.S. § 13-2002 defines forgery as the act of, with intent to defraud, falsely making, completing or altering a written instrument; knowingly possessing a forged instrument; or offering or presenting a forged instrument or one containing false information. Generally, forgery is classified as a class 4 felony; however, if the forged instrument is used in connection with acquiring a dwelling utilized as a drop house — a property used to facilitate smuggling — it escalates to a class 3 felony.

Provisions

1.   Establishes the offence of gift card theft when a person, with the intent to defraud, knowingly:

a)   acquires a gift card or its information without the consent of the cardholder, issuer or seller;

b)   acquires a gift card or its information by exploiting the cardholder, issuer or seller; or

c) uses a non-consensually obtained gift card or its information to obtain money, goods, services or anything else of value.

2.   Classifies gift card theft as a class 4 felony. (Sec. 1)

3.   Amends the existing forgery statute to include forged gift cards within its scope. (Sec. 2)

4.   Defines gift card. (Sec. 1, 2)

5.   Makes technical changes. (Sec. 2)

 

 

 

 

 

 

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                        SB 1351

Initials NM    Page 0 Judiciary

 

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