Arizona Laws 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 person knowingly:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 13-2108
- Credit card: means :
(a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full therefor at a future time, whether or not all or any part of the indebtedness that is represented by the promise to make deferred payment is secured or unsecured. See Arizona Laws 13-2101
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Fraud: Intentional deception resulting in injury to another.
- Issuer: means any business organization, state agency or financial institution, or its duly authorized agent, that issues a credit card. See Arizona Laws 13-2101
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Participating party: means a business organization or financial institution that is obligated or permitted by contract to acquire by electronic transmission or other means from a merchant a sales slip or sales draft or instrument for the payment of money evidencing a credit card transaction and from whom an issuer is obligated or permitted by contract to acquire by electronic transmission or other means such sales slip, sales draft or instrument for the payment of money evidencing a credit card transaction. See Arizona Laws 13-2101
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Writing: includes printing. See Arizona Laws 1-215
1. Furnishes money, goods, services or any other thing of value upon presentation of a credit card obtained or retained in violation of section 13-2102 or a credit card which such person knows is forged, expired, cancelled 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, 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 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 representation in violation of subsection A, paragraph 2 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.