Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1351
gift cards; theft; forgery
Purpose
Establishes the criminal classification of gift card theft and classifies gift card theft as a
class 3 felony.
Background
Statute outlines actions that constitute theft, including: 1) controlling the property of
another with the intent to deprive the other person of such property; 2) obtaining services or
property of another by means of material misrepresentation with intent to deprive the other person
of such property; or 3) controlling property of another knowing or having reason to know that the
property was stolen.
Statute classifies theft of property or services with a value: 1) of $25,000 or more as a class
2 felony; 2) between $4,000 and $25,000 as a class 3 felony; 3) between $3,000 and $4,000 as a
class 4 felony; 4) between $2,000 and $3,000 as a class 5 felony; 5) between $1,000 and $2,000
as a class 6 felony; and 6) less than $1,000 as a class 1 misdemeanor (A.R.S. § 13-1802).
Property means any thing of value tangible or intangible, including trade secrets. Services
includes labor, professional services, transportation, cable service and video service, computer or
communication services, gas or electricity services, accommodation in hotels, restaurants or leased
premises or elsewhere, admission to exhibitions and use of vehicles or other movable property
(A.R.S. § 13-1801).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Establishes the criminal classification of gift card theft that a person commits if, with intent to
defraud, the person knowingly:
a) acquires possession of a gift card or gift card information without consent of the card
holder, issuer or seller;
b) acquires possession of a gift card or gift card information by exploiting the gift card holder,
issuer or seller; or
c) obtains money, goods or services with a gift card or gift card information that was acquired
without consent of the owner, issuer or seller.
2. Classifies gift card theft as a class 3 felony. FACT SHEET
S.B. 1351
Page 2
3. Defines gift card to mean a physical or digital closed-loop or open-loop gift card that is
activated or inactivated.
4. Specifies that forgery is a class 3 felony if the forged instrument is a gift card.
5. Specifies that, in relation to theft, a scheme or artifice to defraud includes a scheme or artifice
to deprive a person of a gift card or gift card information.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2025
ZD/AW/ci