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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
fraudulent voice recordings
Purpose
Classifies, as criminal impersonation subject to a class 5 felony, using a computer generated voice recording, image or video of another person with intent to defraud other persons or with intent to harass other persons.
Background
A person commits
criminal impersonation by: 1) assuming a false identity with the intent to
defraud another; 2) pretending to be a representative of some person or
organization with the intent to defraud; or 3) pretending to be, or assuming a
false identity of, an employee or a representative of some person or
organization with the intent to induce another person to provide or allow
access to property. Criminal impersonation is classified as a class 6 felony (A.R.S.
§ 13-2006).
Harass
means conduct that is directed at a specific person and that would cause a
reasonable person to be seriously alarmed, annoyed, humiliated or mentally
distressed and the conduct in fact seriously alarms, annoys, humiliates or
mentally distresses the person (A.R.S.
§ 13-2921).
A class 6 felony carries a presumptive prison sentence of 1 year for first time offenders and a fine of not more than $150,000. A class 5 felony carries presumptive prison sentence of 1.5 years for first time offenders and a fine of not more than $150,000 (A.R.S. §§ 13-702 and 13-801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits using a computer generated voice recording, image or video of another person with intent to defraud or harass other persons.
2. Classifies the illegal use of a computer generated voice recording, image or video as outlined as a class 5 felony.
3. Decreases, from a class 6 felony to a class 1 misdemeanor, the penalty for other existing forms of criminal impersonation.
4. Specifies that comedy, parody, artistic expression, criticism or other circumstances are not fraudulent when it is clear to a reasonable listener or viewer that the recording, image or video has been digitally manipulated.
5. Defines defraud as making a false representation or material omission to deceive another person to gain a benefit.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
ZD/ci