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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
fraudulent schemes; artifices; jurisdiction
Purpose
Background
A person who, in accordance with 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. Reliance on the part of any person is not a necessary element of an offense. A person convicted of a violation involving a benefit with a value of $100,000 or greater, or a violation involving the manufacture, sale or marketing of opioids, is not eligible for a suspension of sentence, probation, pardon or release from confinement on any basis unless otherwise authorized. A scheme or artifice to defraud includes a scheme or artifice to deprive a person of the intangible right of honest services (A.R.S. § 13-2310). In determining the classification of the offense, the state may aggregate the indictment or information amounts taken in thefts committed in accordance with one scheme or course of conduct, whether the amounts were taken from one or several persons (A.R.S. § 13-1801).
For a first-time
felony offender, a class 2 felony carries a presumptive imprisonment sentence
of 5 years and a fine of not more than $150,000 to be determined by the court
(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. Stipulates that, in a prosecution for fraudulent schemes and artifices, the state is only required to establish that one of the acts that constitute a violation occurred in Arizona or within a single city, town, county or local jurisdiction of Arizona.
2. Stipulates that, in a prosecution for fraudulent schemes and artifices, the state is not required to establish that all of the acts that constitute a violation occurred in Arizona or within a single city, town, county or local jurisdiction of Arizona.
3. Specifies that it is not a defense that not all of the acts that constitute the offense occurred in Arizona or within a single city, town, county or local jurisdiction of Arizona.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that she vetoed a nearly identical bill in 2023 and that the bill is still unnecessary and will still result in confusion where none currently exists.
House Action Senate Action
JUD 2/11/26 DP 6-3-0-0 JUDE 3/25/26 DP 4-3-0
3rd Read 2/26/26 31-22-7 3rd Read 6/9/26 16-13-1
Vetoed by the Governor 6/19/26
Prepared by Senate Research
June 24, 2026
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