Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1310
false documents; recording; violations
Purpose
Deems that a person commits forgery and demonstrates intent to defraud if the person
knowingly files with the county recorder a forged or groundless, materially misstated or otherwise
invalid document asserting the person's claim to real property and aligns the classification of this
offense with the forgery classification.
Background
A document purporting to claim an interest in, or a lien or encumbrance against, real
property that is not authorized by law, judgment or other specific legal authority is presumed to be
groundless and invalid. A person is guilty of a class 1 misdemeanor if the person, while purporting
to claim an interest in, or a lien or encumbrance against real property, causes a document asserting
such claim to be recorded with the county recorder and the person knows or has reason to know
that the document is forged, groundless, contains a material misstatement or false claim or is
otherwise invalid (A.R.S. § 33-420).
A person commits forgery if, with the intent to defraud, the person: 1) falsely makes,
completes or alters a written instrument; 2) knowingly possesses a forged instrument; or 3) offers
or presents, whether accepted or not, a forged instrument or one that contains false information.
Forgery is a class 4 penalty and carries a presumptive term of imprisonment of 2.5 years and a
fine not to exceed $150,000 (A.R.S. §§ 13-702; 13-801; and 13-2002).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Classifies as a class 4 felony, rather than a class 1 misdemeanor, filing a document that asserts
a claim to real property with the county recorder when the person knows the document is forged
or groundless, contains a material misstatement or is otherwise invalid.
2. Stipulates that a person commits forgery and demonstrates an intent to defraud if the person
purports to claim an interest in, or a lien or encumbrance against real property and knowingly
files an outlined invalid document that asserts the person's claim with the county recorder.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
ZD/KS/ci