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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
criminal monetary thresholds; offense classification
Purpose
Increases the monetary thresholds which determine the penalty classification for various criminal offenses.
Background
The criminal code outlines various criminal offenses and the associated
penalty classification, ranging from a class 3 misdemeanor to a class 1 felony.
For certain offenses, the penalty classification is based on a monetary
threshold of the value of damage caused or goods or services fraudulently
obtained or attempted to be obtained. These offenses include: 1) criminal
damage and aggravated criminal damage; 2) arson of a structure or property; 3)
theft;
4) shoplifting; 5) fraudulent credit card use; 6) unlawful use of food stamps;
7) commercial bribery; and 8) unlawful patient brokering (A.R.S. Title 13).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Criminal Damage Classification
1. Increases the monetary thresholds which determine the penalty classification for criminal damage to:
a) $13,800, rather than $10,000, for a class 4 felony when the person recklessly damages the property of another;
b) $7,000, rather than $5,000, for a class 4 felony when the person recklessly damages the property of a utility or intentionally tampers with utility property that causes an imminent safety hazard;
c) between $2,800 and $13,800, rather than between $2,000 and $10,000, for a class 5 felony when the person recklessly damages the property of another or the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate as prescribed;
d) between $1,400 and $2,800, rather than between $1,000 and $2,000, for a class 6 felony when the person recklessly damages the property of another; and
e) between $400 and $1,400, rather than between $250 and $1,000, for a class 1 misdemeanor when the person recklessly damages property of another.
Aggravated Criminal Damage Classification
2. Increases the monetary thresholds which determine the penalty classification for aggravated criminal damage to:
a) $14,300, rather than $10,000, for a:
i. class 4 felony when the person defaces, damages or tampers with any property or place used for worship, any religious purpose, as an educational facility or for the purpose of burial or memorializing the dead; and
ii. class 3 felony when the person defaces, damages or tampers with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals; and
b) between $2,100 and $14,300, rather than $1,500 and $10,000, for a:
i. class 5 felony when the person defaces, damages or tampers with any property or place used for worship, any religious purpose, as an educational facility or for the purpose of burial or memorializing the dead; and
ii. class 4 felony when the person defaces, damages or tampers with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.
Arson of a Structure or Property Classification
3. Increases the monetary thresholds which determine the penalty classification for arson of a structure or property to:
a) $4,000, rather than $1,000, for a class 4 felony;
b) between $400 and $4,000, rather than between $100 and $1,000, for a class 5 felony; and
c) $400 or less, rather than $100 or less, for a class 1 misdemeanor.
Theft Classification
4. Increases the monetary thresholds which determine the penalty classification for theft of property or services to:
a) $36,500, rather than $25,000, for a class 2 felony;
b) between $5,800 and $36,500, rather than between $4,000 and $25,000, for a class 3 felony;
c) between $4,400 and $5,800, rather than between $3,000 and $4,000, for a class 4 felony;
d) between $2,900 and $4,400, rather than between $2,000 and $3,000, for a class 5 felony;
e) between $1,500 and $2,900, rather than $1,000 and $2,000, for a class 6 felony; and
f) $1,500 or less, rather than $1,000 or less, for a class 1 misdemeanor, as prescribed.
5. Increases, from $100,000 to $175,000, the monetary threshold of the value of property which excludes a person who is guilty of theft, as prescribed, from eligibility for suspension of sentence, probation, pardon or release until the sentence imposed by the court has been served or commuted.
Shoplifting Classification
6. Increases the monetary thresholds which determine the penalty classification for shoplifting to:
a) $2,900, rather than $2,000, for a class 5 felony when committed during any continuing criminal episode or to promote, further or assist any criminal street gang or criminal syndicate;
b) between $1,500 and $2,900, rather than between $1,000 and $2,000, for a class 6 felony; and
c) less than $1,500, rather than $1,000, for a class 1 misdemeanor, or class 6 felony if the property is a firearm.
7. Increases, from $1,500 to $2,900, the monetary threshold that constitutes a continuing criminal episode if committed during at least three separate incidences within 90 consecutive days.
Issuing a Bad Check Classification
8. Increases, from $5,000 to $7,100, the monetary threshold which subjects a person who issues a bad check to a class 6 felony when the person fails to pay the full amount of the check as prescribed.
Misappropriation of Charter School Monies Classification
9. Increases, from $25,000 to $41,700, the monetary threshold which subjects a person to a class 2 felony for the misappropriation of charter school monies.
Receipt of Anything of Value Obtained by Fraudulent Credit Card Use Classification
10. Increases the monetary thresholds which determine the penalty classification for receipt of anything of value obtained by fraudulent use of a credit card to:
a) less than $400, rather than $250, for a class 1 misdemeanor;
b) between $400 and $1,800, rather than between $250 and $1,000, for a class 6 felony; and
c) $1,800 or more, rather than $1,000 or more, for a class 5 felony.
Fraudulent Use of a Credit Card Classification
11. Increases the monetary thresholds which determine the penalty classification for the fraudulent use of a credit card to:
a) between $400 and $1,800, rather than between $250 and $1,000, for a class 6 felony as prescribed; and
b) $1,800 or more, rather than $1,000, for a class 5 felony as prescribed.
Fraud by Person Authorized to Provide Goods or Services Classification
12. Increases, from $100 to $400, the monetary threshold that subjects a person to a class 6 felony for fraud by a person authorized to provide goods or services as prescribed.
Credit Card Transaction Record Theft Classification
13. Increases the monetary thresholds which determine the penalty classification for credit card transaction record theft to:
a) $49,700 or more, rather than $25,000 or more, for a class 2 felony;
b) between $5,900 and $49,700, rather than between $3,000 and $25,000, for a class 3 felony;
c) between $3,700 and $5,900, rather than between $2,000 and $3,000, for a class 4 felony;
d) between $2,000 and $3,700, rather than between $1,000 and $2,000, for a class 5 felony;
e) between $1,000 and $2,000, rather than between $500 and $1,000, for a class 6 felony; and
f) less than $1,000, rather than $500, for a class 1 misdemeanor.
14. Increases, from $100,000 to $200,000, the monetary threshold of the value of credit card transaction record theft that excludes a person from eligibility for suspension of sentence, probation, pardon or release until the sentence imposed by the court has been served or commuted.
Fraudulent Schemes and Artifices Classification
15. Increases, from $100,000 to $175,000, the monetary threshold of fraudulent schemes and artifices that exclude a person from eligibility for suspension of sentence, probation, pardon or release until the sentence imposed by the court has been served or commuted.
Commercial Bribery Classification
16. Increases the monetary thresholds which determine the penalty classification for commercial bribery to:
a) more than $3,600, rather than $1,000, for a class 5 felony;
b) between $300 and $3,600, rather than between $100 and $1,000, for a class 6 felony; and
c) less than $300, rather than $100, for a class 1 misdemeanor.
Unlawful Use of Food Stamps Classification
17. Increases the monetary thresholds which determine the penalty classification for the unlawful use of food stamps by using, transferring, acquiring, possessing or redeeming food stamps by means of false representation as outlined to:
a) $400 or less, rather than $100 or less, for a class 1 misdemeanor; and
b) over $400, rather than $100, for a class 6 felony.
Consideration for Referral of Patient, Client or Customer Fraud Classification
18. Increases the monetary thresholds which determine the penalty classification for consideration for referral of a patient, client or customer for health-related services or items to:
a) $3,000 or more, rather than $1,000 or more, for a class 3 felony;
b) between $300 and $3,000, rather than between $100 and $1,000, for a class 4 felony; and
c) $300 or less, rather than $100 or less, for a class 6 felony.
19. Increases the monetary thresholds for the value of medical or health coverage which determine the penalty classification for a person who fraudulently obtains or attempts to obtain medical or health coverage through the Arizona Health Care Cost Containment System to:
a) $3,000 or more, rather than $1,000 or more, for a class 5 felony;
b) between $300 and $3,000, rather than between $100 and $1,000, for a class 6 felony; and
c) $300 or less, rather than $100 or less, for a class 1 misdemeanor.
Unlawful Patient Brokering Classification
20. Increases the monetary thresholds which determine the penalty classification for patient brokering to:
a) $1,200 or more, rather than $1,000 or more, for a class 3 felony; and
b) between $100 and $1,200, rather than between $100 and $1,000, for a class 4 felony.
Unlawful Food or Drink Contamination, Damages, Classification
21. Increases the monetary thresholds which determine the penalty classification for damage caused by unlawful food or drink contamination to:
a) at least $1,200, rather than $1,000, for a class 1 misdemeanor; and
b) less than $1,200, rather than $1,000, for a class 2 misdemeanor when no human being consumes the contaminated water, food, drink or other product.
Miscellaneous
22. Makes technical changes.
23. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/KS/ci