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REFERENCE TITLE: criminal monetary thresholds; offense classifications |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1820 |
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Introduced by Senator Farnsworth
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AN ACT
AMENDING SECTIONs 13-1602, 13-1604, 13-1703, 13-1802, 13-1805, 13-1807, 13-1818, 13-2103, 13-2105, 13-2108, 13-2109, 13-2310, 13-2605, 13-3701, 13-3713, 13-3730 AND 13-3731, ARIZONA REVISED STATUTES; RELATING TO CRIMINAL monetary THRESHOLDS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1602, Arizona Revised Statutes, is amended to read:
13-1602. Criminal damage; classification
A. A person commits criminal damage by:
1. Recklessly defacing or damaging property of another person.
2. Recklessly tampering with property of another person so as substantially to impair its function or value.
3. Recklessly damaging property of a utility.
4. Recklessly physically obstructing a passageway in such a manner as to deprive livestock of access to the only reasonably available water.
5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.
6. Intentionally tampering with utility property.
C. b. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
B. c. Criminal damage is punished as follows:
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of $10,000 $13,800 or more.
2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 $7,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.
3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of $2,000 $2,800 or more but less than $10,000 $13,800 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.
4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of $1,000 $1,400 or more but less than $2,000 $2,800.
5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than $250 $400 but less than $1,000 $1,400.
6. In all other cases criminal damage is a class 2 misdemeanor.
Sec. 2. Section 13-1604, Arizona Revised Statutes, is amended to read:
13-1604. Aggravated criminal damage; classification
A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:
1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.
2. Defacing or damaging any building, structure or place used as a school or as an educational facility.
3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.
4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.
C. b. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
B. c. Aggravated criminal damage is punishable as follows:
1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars $14,300 or more, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony.
2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars $2,100 or more but less than ten thousand dollars $14,300, aggravated criminal damage:
(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.
(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony.
3. In all other cases aggravated criminal damage is:
(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.
(b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section.
Sec. 3. Section 13-1703, Arizona Revised Statutes, is amended to read:
13-1703. Arson of a structure or property; classification
A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.
B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars $4,000. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars $400 but not more than one thousand dollars $4,000. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars $400 or less.
Sec. 4. Section 13-1802, Arizona Revised Statutes, is amended to read:
13-1802. Theft; classification; definitions
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or
5. Controls property of another knowing or having reason to know that the property was stolen; or
6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so; or
7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or
8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.
B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult's property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.
C. It is an affirmative defense to any prosecution under subsection B of this section that either:
1. The property was given as a gift consistent with a pattern of gift giving to the person that existed before the adult became vulnerable.
2. The property was given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the adult became vulnerable.
3. The superior court approved the transaction before the transaction occurred.
D. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
E. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.
F. Subsection B of this section does not apply to an agent who is acting within the scope of the agent's duties as or on behalf of a health care institution that is licensed pursuant to title 36, chapter 4 and that provides services to the vulnerable adult.
G. Theft of property or services with a value of twenty-five thousand dollars $36,500 or more is a class 2 felony. Theft of property or services with a value of four thousand dollars $5,800 or more but less than twenty-five thousand dollars $36,500 is a class 3 felony. Theft of property or services with a value of three thousand dollars $4,400 or more but less than four thousand dollars $5,800 is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars $2,900 or more but less than three thousand dollars $4,400 is a class 5 felony. Theft of property or services with a value of one thousand dollars $1,500 or more but less than two thousand dollars $2,900 is a class 6 felony. Theft of any property or services valued at less than one thousand dollars $1,500 is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is an animal taken for the purpose of animal fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.
H. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars $175,000 or more 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.
I. For the purposes of this section, the value of ferrous metal or nonferrous metal includes the amount of any damage to the property of another caused as a result of the theft of the metal.
J. In an action for theft of ferrous metal or nonferrous metal:
1. Unless satisfactorily explained or acquired in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of possession of scrap metal that was recently stolen may give rise to an inference that the person in possession of the scrap metal was aware of the risk that it had been stolen or in some way participated in its theft.
2. Unless satisfactorily explained or sold in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of the sale of stolen scrap metal at a price substantially below its fair market value may give rise to an inference that the person selling the scrap metal was aware of the risk that it had been stolen.
K. For the purposes of this section:
1. "Adequate consideration" means the property was given to the person as payment for bona fide goods or services provided by the person and the payment was at a rate that was customary for similar goods or services in the community that the vulnerable adult resided in at the time of the transaction.
2. "Ferrous metal" has the same meaning prescribed in section 44-1641.
3. "Pattern of gift giving" means two or more gifts that are the same or similar in type and monetary value.
4. "Position of trust and confidence" has the same meaning prescribed in section 46-456.
5. "Property" includes all forms of real property and personal property.
6. "Vulnerable adult" has the same meaning prescribed in section 46-451.
Sec. 5. Section 13-1805, Arizona Revised Statutes, is amended to read:
13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification
A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another; or
5. Concealment.
B. A person is presumed to have the necessary culpable mental state pursuant to subsection A of this section if the person does either of the following:
1. Knowingly conceals on himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment.
2. Uses an artifice, instrument, container, device or other article to facilitate the shoplifting.
C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting as prescribed in subsection A of this section for questioning or summoning a law enforcement officer.
D. Reasonable cause is a defense to a civil or criminal action against a peace officer, a merchant or an agent or employee of the merchant for false arrest, false or unlawful imprisonment or wrongful detention.
E. If a minor engages in conduct that violates subsection A of this section, notwithstanding the fact that the minor may not be held responsible because of the person's minority, any merchant who is injured by the shoplifting of the minor may bring a civil action against the parent or legal guardian of the minor under either section 12-661 or 12-692.
F. Any merchant who is injured by the shoplifting of an adult or emancipated minor in violation of subsection A of this section may bring a civil action against the adult or emancipated minor pursuant to section 12-691.
G. In imposing sentence on a person who is convicted of violating this section, the court may require any person to perform public services designated by the court in addition to or in lieu of any fine that the court might impose.
H. Shoplifting property with a value of two thousand dollars $2,900 or more, shoplifting property during any continuing criminal episode or shoplifting property if done to promote, further or assist any criminal street gang or criminal syndicate is a class 5 felony. Shoplifting property with a value of one thousand dollars $1,500 or more but less than two thousand dollars $2,900 is a class 6 felony. Shoplifting property valued at less than one thousand dollars $1,500 is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony. For the purposes of this subsection, "continuing criminal episode" means theft of property with a value of one thousand five hundred dollars $2,900 or more if committed during at least three separate incidences within a period of ninety consecutive days.
I. A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony.
Sec. 6. Section 13-1807, Arizona Revised Statutes, is amended to read:
13-1807. Issuing a bad check; violation; classification
A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.
B. Any of the following is a defense to prosecution under this section:
1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment on its presentation.
2. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.
3. Insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person.
C. Nothing in This section prohibits does not prohibit prosecution for any other applicable criminal offense.
D. Except as provided in subsection E of this section, issuing a bad check is a class 1 misdemeanor.
E. Issuing a bad check in an amount of five thousand dollars $7,100 or more is a class 6 felony if the person fails to pay the full amount of the check, including accrued interest at the rate of twelve per cent percent per year and any other applicable fees pursuant to this chapter, within sixty days after receiving notice pursuant to section 13-1808.
Sec. 7. Section 13-1818, Arizona Revised Statutes, is amended to read:
13-1818. Misappropriation of charter school monies; violation; classification
A. A person commits misappropriation of charter school monies if without lawful authority and with an intent to defraud the person converts monies provided by this state under a charter school contract in a manner that does not further the purposes of the charter and is not reasonably related to the business of the charter school.
B. A violation of subsection A is a class 4 felony, except that if the amount of monies converted is twenty-five thousand dollars $41,700 or more a violation of subsection A is a class 2 felony.
Sec. 8. Section 13-2103, Arizona Revised Statutes, is amended to read:
13-2103. Receipt of anything of value obtained by fraudulent use of a credit card; classification
A. A person, being a third party, commits receipt of anything of value obtained by fraudulent use of a credit card by buying or receiving or attempting to buy or receive money, goods, services or any other thing of value obtained in violation of section 13-2105, knowing or believing that it was so obtained.
B. Receipt of anything of value obtained by fraudulent use of a credit card is a class 1 misdemeanor if the value of the property bought or received or attempted to be bought or received is less than two hundred fifty dollars $400. If the value of the property bought or received or attempted to be bought or received is two hundred fifty dollars $400 or more but less than one thousand dollars $1,800 the offense is a class 6 felony. If the value of the property bought or received or attempted to be bought or received is one thousand dollars $1,800 or more the offense is a class 5 felony. Amounts obtained by fraudulent use of a credit card pursuant to one scheme or course of conduct, whether from one or several persons, may be aggregated in determining the classification of offense.
Sec. 9. Section 13-2105, Arizona Revised Statutes, is amended to read:
13-2105. Fraudulent use of a credit card; classification
A. A person commits fraudulent use of a credit card if the person:
1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number that is obtained or retained in violation of this chapter or a credit card or credit card number which that the person knows is forged, expired, cancelled canceled or revoked; or
2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to of a specified credit card or by representing that the person is the holder of a credit card and the credit card has not in fact been issued.
B. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars $400 or more but less than one thousand dollars $1,800 in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars $1,800 or more in any consecutive six-month period the offense is a class 5 felony.
Sec. 10. Section 13-2108, Arizona Revised Statutes, is amended to read:
13-2108. Fraud by person authorized to provide goods or services; classification
A. A person commits fraud by a person authorized to provide goods or services if such the person knowingly:
1. Furnishes money, goods, services or any other thing of value upon on presentation of a credit card that is obtained or retained in violation of section 13-2102 or a credit card which such that the person knows is forged, expired, cancelled canceled or revoked.
2. Fails to furnish money, goods, services or any other thing of value which such person represents in writing to the issuer or a participating party that such person has furnished, and who receives any payment therefor.
B. Except as provided in subsections C and D of this section, fraud by a person authorized to provide goods or services in subsection A, paragraphs 1 and 2 is a class 1 misdemeanor.
C. If the payment received by the person for all money, goods, services or other things of value furnished in violation of subsection A, paragraph 1 exceeds one hundred dollars $400 in any consecutive six-month period, the offense is a class 6 felony.
D. If the difference between the value of all monies, goods, services or any other thing of value actually furnished and the payment or payments received by the person therefor upon such on the representation in violation of subsection A, paragraph 2 exceeds one hundred dollars $400 in any consecutive six-month period, the offense is a class 6 felony.
Sec. 11. Section 13-2109, Arizona Revised Statutes, is amended to read:
13-2109. Credit card transaction record theft; classification
A. A person commits credit card transaction record theft by:
1. If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.
2. Knowingly and without the participating party's authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.
B. In order to determine the classification of the offense, the state may aggregate in the indictment or information amounts that were taken from one or more persons in credit card transaction record theft that was committed pursuant to one scheme or course of conduct.
C. Credit card transaction record theft with a value of twenty-five thousand dollars $49,700 or more is a class 2 felony. Credit card transaction record theft with a value of at least three thousand dollars $5,900 but less than twenty-five thousand dollars $49,700 is a class 3 felony. Credit card transaction record theft with a value of at least two thousand dollars $3,700 but less than three thousand dollars $5,900 is a class 4 felony. Credit card transaction record theft with a value of at least one thousand dollars $2,000 but less than two thousand dollars $3,700 is a class 5 felony. Credit card transaction record theft with a value of at least five hundred dollars $1,000 but less than one thousand dollars $2,000 is a class 6 felony. Credit card transaction record theft with a value of less than five hundred dollars $1,000 is a class 1 misdemeanor.
D. A person who is convicted of a violation of this section that involved an amount of at least one hundred thousand dollars $200,000 is not eligible for suspension of sentence, probation, pardon, or release from confinement on any other 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.
Sec. 12. Section 13-2310, Arizona Revised Statutes, is amended to read:
13-2310. Fraudulent schemes and artifices; classification; definition
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 $175,000 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, "scheme or artifice to defraud" includes a scheme or artifice to deprive a person of the intangible right of honest services.
Sec. 13. Section 13-2605, Arizona Revised Statutes, is amended to read:
13-2605. Commercial bribery; classification; exception
A. A person commits commercial bribery if:
1. Such the person confers any benefit on an employee without the consent of such the employee's employer, corruptly intending that such the benefit will influence the conduct of the employee in relation to the employer's commercial affairs, and the conduct of the employee causes economic loss to the employer.
2. While an employee of an employer such the employee accepts any benefit from another person, corruptly intending that such the benefit will influence his conduct in relation to the employer's commercial affairs, and such the conduct causes economic loss to the employer or principal.
B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars $3,600. Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars $3,600 but not less than one hundred dollars $300. Commercial bribery is a class 1 misdemeanor if the value of the benefit is less than one hundred dollars $300.
C. This section shall does not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such the person and the employee that such the employee engage in conduct which that will cause economic loss to his employer, such the employee engages in conduct while an employee of his original employer and such the conduct causes economic loss to the employer.
Sec. 14. Section 13-3701, Arizona Revised Statutes, is amended to read:
13-3701. Unlawful use of food stamps; classification; definitions
A. A person commits unlawful use of food stamps if the person knowingly:
1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission or the failure to disclose a change in circumstances or by any other fraudulent device.
2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards.
3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee.
4. Buys, sells, transfers, acquires or redeems food stamps, or eligible food purchased with food stamps, in exchange for cash or consideration other than eligible food.
B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars $400 or less, or a class 6 felony if the value is over one hundred dollars $400. Unlawful use of food stamps under subsection A, paragraphs 2, 3 and 4 is a class 5 felony.
C. For the purposes of this section:
1. "Eligible food" means any of the following:
(a) Any food or food product that is intended for human consumption except alcoholic beverages, tobacco and hot foods and hot food products that are prepared for immediate consumption.
(b) Seeds and plants to grow foods for the personal consumption of an eligible household.
(c) Meals that are prepared and delivered by an authorized meal delivery service to a household that is eligible to use coupons to purchase delivered meals or meals that are served by an authorized communal dining facility for the elderly or for a supplemental security income household, or both, to a household that is eligible to use coupons for communal dining.
(d) Meals that are prepared and served by a drug addict or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and the children who live with the narcotic addict or alcoholic.
(e) Meals that are prepared and served by a group living arrangement facility to residents who are blind or who have a disability.
(f) Meals that are prepared and served by a shelter for battered women and children to the shelter's eligible residents.
(g) Meals that are prepared for and served by an authorized public or private nonprofit establishment, including a soup kitchen or temporary shelter, that is approved by an appropriate state or local agency and that feeds homeless persons.
(h) Meals that are prepared by a restaurant that contracts with an appropriate state agency to serve meals at low or reduced prices to homeless persons and households in which all persons residents are elderly or disabled have a disability.
2. "Food stamps" includes food stamp coupons and electronically transferred supplemental nutrition assistance program benefits.
Sec. 15. Section 13-3713, Arizona Revised Statutes, is amended to read:
13-3713. Consideration for referral of patient, client or customer; fraud; violation; classification
A. Except for payments from a medical researcher to a physician licensed pursuant to title 32, chapter 13 or 17 in connection with identifying and monitoring patients for a clinical trial regulated by the United States food and drug administration, a person who knowingly offers, delivers, receives or accepts any rebate, refund, commission, preference or other consideration as compensation for referring a patient, client or customer to any individual, pharmacy, laboratory, clinic or health care institution providing medical or health-related services or items pursuant to title 11, chapter 2, article 7 or title 36, chapter 29, other than specifically provided for in accordance with title 11, chapter 2, article 7 or title 36, chapter 29, is guilty of:
1. A class 3 felony if the consideration had a value of one thousand dollars $3,000 or more.
2. A class 4 felony if the consideration had a value of more than one hundred dollars $300 but less than one thousand dollars $3,000.
3. A class 6 felony if the consideration had a value of one hundred dollars $300 or less.
B. A person who knowingly presents false information or misrepresents or conceals a material fact on an application for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 or who knowingly fails to notify the county of residence of a change in conditions that, if notification had been made, would have resulted in termination of eligibility or change in eligibility status for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony.
C. A person who knowingly obtains or attempts to obtain medical or health coverage pursuant to title 36, chapter 29 or section 11-291 by the use of any means of identification not authorized by the Arizona health care cost containment system administration or by the use of any means of identification authorized by the Arizona health care cost containment system administration that has been or would have been fraudulently acquired is guilty of:
1. A class 5 felony if the value of the medical or health coverage or attempted coverage is one thousand dollars $3,000 or more.
2. A class 6 felony if the value of the medical or health coverage or attempted coverage exceeds one hundred dollars $300 but is less than one thousand dollars $3,000.
3. A class 1 misdemeanor if the value of the medical or health coverage or attempted coverage is one hundred dollars $300 or less.
D. A person who knowingly counterfeits or alters any means of identification or uses, transfers, acquires or possesses counterfeited or altered identification for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 4 felony.
E. A person who is lawfully entitled to medical or health coverage pursuant to title 36, chapter 29 or section 11-291 and who knowingly furnishes, gives or lends that person's means of identification to any person for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony.
F. A person who knowingly aids or abets another person pursuant to section 13-301, 13-302 or 13-303 in the commission of an offense under this section or section 36-2905.04 is guilty of a class 5 felony.
G. The county attorney of the county in which the violation occurs and the attorney general have concurrent jurisdiction to prosecute all violations specified in this section.
Sec. 16. Section 13-3730, Arizona Revised Statutes, is amended to read:
13-3730. Unlawful patient brokering; classification; definition
A. It is unlawful for a person, including a health care provider, behavioral health professional, health care institution or sober living home, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:
1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.
2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.
B. A violation of this section is:
1. A class 3 felony if the consideration has a value of $1,000 $1,200 or more.
2. A class 4 felony if the consideration has a value of more than $100 but less than $1,000 $1,200.
3. A class 6 felony if the consideration has a value of $100 or less.
C. For the purposes of this section, "sober living home" has the same meaning prescribed in section 36-2061.
Sec. 17. Section 13-3731, Arizona Revised Statutes, is amended to read:
13-3731. Unlawful food or drink contamination; damages; classification
A. It is unlawful to intentionally introduce, add or mingle any bodily fluid or foreign object not intended for human consumption with any water, food, drink or other product intended for consumption by another human being.
B. The cost to clean up and sanitize the contaminated area and any monetary compensation that was provided to a human being who consumed the contaminated water, food, drink or other product may be included in calculating the dollar amount of the damages caused by the contamination.
C. A person who violates this section is guilty of:
1. A class 1 misdemeanor if either of the following occurs:
(a) A human being consumes the contaminated water, food, drink or other product.
(b) The damage caused by the contamination is at least $1,000 $1,200.
2. A class 2 misdemeanor if no human being consumes the contaminated water, food, drink or other product and the damage caused by the contamination is less than $1,000 $1,200.