SB 1078
Initials JL/IG Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DPA 6-1-0-0 | 3
rd
Read DPA 26-2-2-0
House: JUD DP 6-2-1-0
SB 1078: fraudulent voice recordings
Sponsor: Senator Kavanagh, LD 3
House Engrossed
Overview
Establishes the use of a computer generated voice recording, image or video of another person
with the intent to defraud or harass other persons as a form of criminal impersonation
punishable as a class 5 felony. Lowers the sentencing for other forms of criminal
impersonation from a class 6 felony to a class 1 misdemeanor.
History
Under current law, a person commits criminal impersonation (a class 6 felony) 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 (A.R.S. § 13-2006).
A class 6 felony carries a presumptive prison sentence of 1 year for a first-time offense and a
fine of no more than $150,000. A class 5 felony carries presumptive prison sentence of 1.5
years for first time offenders and a fine of no more than $150,000 (A.R.S. §§ 13-702, 13-801).
For purposes of A.R.S. § 13-2921 (prescribing the offense of harassment), the term harass is
defined as conduct that is directed at a specific person and that would cause a reasonable
person to be seriously alarmed, annoyed, humiliated or mentally distressed and the conduct
in fact seriously alarms, annoys, humiliates or mentally distresses the person.
Provisions
1. Adds that a person commits criminal impersonation by using a computer generated voice
recording, image or video of another person with the intent to defraud or harass other
persons. (Sec. 1)
2. Defines defraud as making a false representation or material omission to deceive another
person to gain a benefit. (Sec. 1)
3. For purposes of this offense, deems the term harass to carry the same definition as
prescribed in A.R.S. § 13-2921. (Sec. 1)
4. Specifies that comedy, parody, artistic expression, criticism or circumstances where it is
clear to a reasonable listener or viewer that the recording, image or video has been
digitally manipulated are not deemed fraudulent for the purposes of this section. (Sec. 1) SB 1078
Initials JL/IG Page 2 House Engrossed
5. Classifies this new form of criminal impersonation as a class 5 felony. (Sec. 1)
6. Lowers the classification for the following forms of criminal impersonation from a class 6
felony to a class 1 misdemeanor:
a) assuming a false identity with the intent to defraud another;
b) pretending to be a representative of some person or organization with the intent to
defraud; or
c) 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. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note