 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Arizona |
|
USA Statutes : arizona
Title : Criminal Code
Chapter : FORGERY AND RELATED OFFENSES
|
|
13-2001 Definitions
In this chapter, unless the context otherwise requires:
1. "Access device" means any card, token, code, account number, electronic serial
number, mobile or personal identification number, password, encryption key, biometric
identifier or other means of account access, including a canceled or revoked access
device, that can be used alone or in conjunction with another access device to obtain
money, goods, services, computer or network access or any other thing of value or that
can be used to initiate a transfer of any thing of value.
2. "Coin machine" means a coin box, turnstile, vending machine or other mechanical,
electrical or electronic device or receptacle that is designed to receive a coin or bill
of a certain denomination or a token made for such purpose and that, in return for the
insertion or deposit of the coin, bill or token, automatically offers, provides, assists
in providing or permits the acquisition or use of some property or service.
3. "Complete written instrument" means a written instrument that purports to be
genuine and fully drawn with respect to every essential feature.
4. "Entity identifying information" includes, if the entity is a person other than
a human being, any written document or electronic data that does or purports to provide
information concerning the entity's name, address, telephone number, employer
identification number, account number or electronic serial number, the identifying number
of the entity's depository account or any other information or data that is unique to,
assigned to or belongs to the entity and that is intended to be used to access services,
funds or benefits of any kind that the entity owns or to which the entity is entitled.
5. "Falsely alters a written instrument" means to change a complete or incomplete
written instrument, without the permission of anyone entitled to grant it, by means of
counterfeiting, washing, erasure, obliteration, deletion, insertion of new matter,
connecting together different parts of the whole of more than one genuine instrument or
transposition of matter or in any other manner, so that the altered instrument falsely
appears or purports to be in all respects an authentic creation of its ostensible maker
or authorized by him.
6. "Falsely completes a written instrument" means to transform an incomplete
written instrument into a complete one by adding, inserting or changing matter without
the permission of anyone entitled to grant it, so that the complete written instrument
falsely appears or purports to be in all respects an authentic creation of its ostensible
maker or authorized by him.
7. "Falsely makes a written instrument" means to make or draw a complete or
incomplete written instrument that purports to be an authentic creation of its ostensible
maker but that is not either because the ostensible maker is fictitious, or because, if
real, the ostensible maker did not authorize the making or drawing of the written
instrument.
8. "Forged instrument" means a written instrument that has been falsely made,
completed or altered.
9. "Incomplete written instrument" means a written instrument that contains some
matter by way of content or authentication but that requires additional matter to render
it a complete written instrument.
10. "Personal identifying information" means any written document or electronic data
that does or purports to provide information concerning a name, signature, electronic
identifier or screen name, electronic mail signature, address or account, biometric
identifier, driver or professional license number, access device, residence or mailing
address, telephone number, employer, student or military identification number, social
security number, tax identification number, employment information, citizenship status or
alien identification number, personal identification number, photograph, birth date,
savings, checking or other financial account number, credit card, charge card or debit
card number, mother's maiden name, fingerprint or retinal image, the image of an iris or
deoxyribonucleic acid or genetic information.
11. "Slug" means an object, article or device that by virtue of its size, its shape
or any other quality is capable of being inserted, deposited or otherwise used in a coin
machine as a fraudulent substitute for a genuine token, lawful coin or bill of the United
States.
12. "Written instrument" means either:
(a) Any paper, document or other instrument that contains written or printed matter
or its equivalent.
(b) Any token, stamp, seal, badge, trademark, graphical image, access device or
other evidence or symbol of value, right, privilege or identification.
13-2002 Forgery; classification
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.
13-2003 Criminal possession of a forgery device; classification
A. A person commits criminal possession of a forgery device if the person either:
1. Makes or possesses with knowledge of its character and with intent to commit
fraud any plate, die, or other device, apparatus, equipment, software, access device,
article, material, good, property or supply specifically designed or adapted for use in
forging written instruments.
2. Makes or possesses any device, apparatus, equipment, software, access device,
article, material, good, property or supply adaptable for use in forging written
instruments with intent to use it or to aid or permit another to use it for purposes of
forgery.
B. Subsection A, paragraph 1 does not apply to peace officers or prosecutors in the
performance of their duties.
C. A violation of subsection A, paragraph 1 is a class 6 felony. A violation of
subsection A, paragraph 2 is a class 5 felony.
13-2004 Criminal simulation; classification
A. A person commits criminal simulation if, with intent to defraud, such person
makes, alters, or presents or offers, whether accepted or not, any object so that it
appears to have an antiquity, rarity, source, authorship or value that it does not in
fact possess.
B. Criminal simulation is a class 6 felony.
13-2005 Obtaining a signature by deception; classification
A. A person commits obtaining a signature by deception if, with intent to defraud,
such person obtains the signature of another person to a written instrument by knowingly
misrepresenting or omitting any fact material to the instrument or transaction.
B. Obtaining a signature by deception is a class 1 misdemeanor.
13-2006 Criminal impersonation; classification
A. A person commits criminal impersonation by:
1. Assuming a false identity with the intent to defraud another; or
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. This paragraph does not apply to peace officers in
the performance of their duties.
B. Criminal impersonation is a class 6 felony.
13-2007 Unlawful use of slugs; classification
A. A person commits unlawful use of slugs if:
1. With intent to defraud the supplier of property or a service sold or offered by
means of a coin machine, such person inserts, deposits or otherwise uses a slug in such
machine; or
2. Such person makes, possesses, offers for sale or disposes of a slug with intent
to enable a person to use it fraudulently in a coin machine.
B. Unlawful use of slugs is a class 2 misdemeanor.
13-2008 Taking identity of another person or entity; 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.
B. On the request of a person or entity, a peace officer in any jurisdiction in
which an element of the offense is committed, a result of the offense occurs or the
person or entity whose identity is taken 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.
C. 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.
D. This section does not apply to a violation of section 4-241 by a person who is
under twenty-one years of age.
E. Taking the identity of another person or entity is a class 4 felony. 13-2009 Aggravated taking identity of another person or entity; classification
A. A person commits aggravated 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 either:
1. Five or more other persons or entities, including real or fictitious persons or
entities, without the consent of the other persons or entities, with the intent to obtain
or use the other persons' or entities' identities for any unlawful purpose or to cause
loss to the persons or entities whether or not the persons or entities actually suffer
any economic loss.
2. 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 and causes another person or
entity to suffer an economic loss of three thousand dollars or more.
B. In an action for aggravated taking the identity of another person or entity
under subsection A, paragraph 1 of this section, proof of possession out of the regular
course of business of the personal identifying information or entity identifying
information of five or more other persons or entities may give rise to an inference that
the personal identifying information or entity identifying information of the five or
more other persons or entities was possessed for an unlawful purpose.
C. This section does not apply to a violation of section 4-241 by a person who is
under twenty-one years of age.
D. Aggravated taking the identity of another person or entity is a class 3 felony. 13-2010 Trafficking in the identity of another person or entity; classification
A. A person commits trafficking in the identity of another person or entity if the
person knowingly sells, transfers or transmits 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 the other person or entity for any
unlawful purpose or to cause loss to the person or entity whether or not the other person
or entity actually suffers any economic loss.
B. This section does not apply to a violation of section 4-241 by a person who is
under twenty-one years of age.
C. Trafficking in the identity of another person or entity is a class 2 felony. 13-2011 Admission tickets; fraudulent creation or possession; classification
A. It is unlawful for a person, with intent to defraud, to forge, alter or possess
any ticket, token or paper that is designed for admission to or for the rendering of
services by any sports, amusement, concert or other facility that offers services to the
general public.
B. A person who violates this section is guilty of a class 1 misdemeanor.
|
|
|
|
