Assigned to JUDE                                                                                                         AS PASSED BY HOUSE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1295

 

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.

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
).

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).

According to the Joint Legislative Budget Committee (JLBC), S.B. 1295 could increase operating costs for the Arizona Department of Corrections, Rehabilitation and Reentry due to longer sentences for offenders, and that the impact would depend on the number of individuals charged under the revised sentencing requirements (JLBC).

Provisions

1.   Prohibits using a computer generated voice recording, image or video of another person with intent to defraud other persons.

2.   Classifies the illegal use of a computer generated voice recording, image or video as outlined as a class 5 felony.

3.   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.

4.   Defines defraud as making a false representation or material omission to deceive another person to gain a benefit.

5.   Makes technical changes.

6.   Becomes effective on the general effective date.

Amendments Adopted by Committee

· Reverts the penalty for already existing forms of criminal impersonation from a class 1 misdemeanor back to a class 6 felony.

Amendments Adopted by the House of Representatives

1.   Removes using outlined forms of computer generated media with intent to harass other persons as a possible element of the new offenses under the criminal impersonation classification.

2.   Makes technical changes.

Senate Action                                                          House Action

JUDE              2/5/25        DPA    4-3-0                   JUD                 3/19/25      DP              5-2-1-1                      

3rd Read          2/26/25                  18-11-1               3rd Read          5/5/25                            40-17-3

 

Prepared by Senate Research

May 5, 2025

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