In this chapter, unless the context otherwise requires:
1. "Access device" means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value.
2. "Coin machine" means a coin box, turnstile, vending machine or other mechanical, electrical or electronic device or receptacle that is designed to receive a coin or bill of a certain denomination or a token made for such purpose and that, in return for the insertion or deposit of the coin, bill or token, automatically offers, provides, assists in providing or permits the acquisition or use of some property or service.
3. "Complete written instrument" means a written instrument that purports to be genuine and fully drawn with respect to every essential feature.
4. "Entity identifying information" includes, if the entity is a person other than a human being, any written document or electronic data that does or purports to provide information concerning the entity's name, address, telephone number, employer identification number, account number or electronic serial number, the identifying number of the entity's depository account or any other information or data that is unique to, assigned to or belongs to the entity and that is intended to be used to access services, funds or benefits of any kind that the entity owns or to which the entity is entitled.
5. "Falsely alters a written instrument" means to change a complete or incomplete written instrument, without the permission of anyone entitled to grant it, by means of counterfeiting, washing, erasure, obliteration, deletion, insertion of new matter, connecting together different parts of the whole of more than one genuine instrument or transposition of matter or in any other manner, so that the altered instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.
6. "Falsely completes a written instrument" means to transform an incomplete written instrument into a complete one by adding, inserting or changing matter without the permission of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.
7. "Falsely makes a written instrument" means to make or draw a complete or incomplete written instrument that purports to be an authentic creation of its ostensible maker but that is not either because the ostensible maker is fictitious, or because, if real, the ostensible maker did not authorize the making or drawing of the written instrument.
8. "Forged instrument" means a written instrument that has been falsely made, completed or altered.
9. "Incomplete written instrument" means a written instrument that contains some matter by way of content or authentication but that requires additional matter to render it a complete written instrument.
10. "Personal identifying information" means any written document or electronic data that does or purports to provide information concerning a name, signature, electronic identifier or screen name, electronic mail signature, address or account, biometric identifier, driver or professional license number, access device, residence or mailing address, telephone number, employer, student or military identification number, social security number, tax identification number, employment information, citizenship status or alien identification number, personal identification number, photograph, birth date, savings, checking or other financial account number, credit card, charge card or debit card number, mother's maiden name, fingerprint or retinal image, the image of an iris or deoxyribonucleic acid or genetic information.
11. "Slug" means an object, article or device that by virtue of its size, its shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as a fraudulent substitute for a genuine token, lawful coin or bill of the United States.
12. "Written instrument" means either:
(a) Any paper, document or other instrument that contains written or printed matter or its equivalent.
(b) Any token, stamp, seal, badge, trademark, graphical image, access device or other evidence or symbol of value, right, privilege or identification.
Notes of Decisions
Cited in
19
cases, 1964–2019 · leading case:
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
· cites it 6× “” A.R.S. § 13-2001(5); see A.R.S. § 13-2001(6) (similarly defining "[flalsely completfing]” an instrument), (7) (similarly defining "[(jalsely makfing]” an instrument); A.”
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
· cites it 2× “The definition of “forgery” in the Criminal Code is more expansive, embracing not only “forged” instruments (those falsely made, altered, or completed), but also documents merely containing “false information.”
Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014).
“As used in this section "instrument” includes a written instrument as defined in section 13-2001. . As we noted in interpreting a similar recording statute, A.”
State v. Sharma, 165 P.3d 693 (Ariz. Ct. App. 2007).
· cites it 2× “¶ 19 We note, however, that when the legislature proposed these new offenses, it broadened the definition of “personal identifying information” in A.R.S. § 13-2001(9) (2001) to include access devices, electronic identifiers, and screen names.”
Hackin v. State, 427 P.2d 910 (Ariz. 1967).
· cites it 4× “The matter comes to this court on a petition for a writ of habeas corpus in accordance with A.R.S. § 13-2001. On October 24, 1966 the defendant represented one Jasper Winnegar in a hearing upon a petition for habeas corpus, conducted in the Superior Court of Maricopa County.”
Smart v. Cantor, 574 P.2d 27 (Ariz. 1977).
· cites it 2× “Conceptually, such proceedings are related to the “criminal” habeas corpus procedure, A.R.S. § 13-2001 et seq., which is technically a civil procedure to test the legality and correctness of a prisoner’s detention.”
Applications of Oppenheimer, 389 P.2d 696 (Ariz. 1964).
· cites it 2× “By the Arizona statutes, A.R.S. § 13-2001, a person unlawfully restrained of his liberty under any pretense whatsoever may petition for and prosecute a writ of habeas corpus to inquire into the cause of such restraint.”
State v. Bedoni, 779 P.2d 355 (Ariz. Ct. App. 1989).
· cites it 2× “A.R.S. § 13-2001(9)(a) (emphasis added). The issue is whether a traffic citation falls within the definition of this broadly-worded statute.”
State v. Rea, 701 P.2d 6 (Ariz. Ct. App. 1985).
· cites it 2× “§ 13-2004 does not include “written instrument” as defined in A.R.S. § 13-2001 and as used in A.R.S. § 13-2002.”
State v. Livanos, 725 P.2d 505 (Ariz. Ct. App. 1986).
· cites it 4× “It concluded that criminal simulation, given its history and the Report of the Arizona Criminal Code Commission 196 (1975), did not include the simulation of a “written instrument” as defined in A.R.S. § 13-2001 1 . Id. Therefore, the court concluded, criminal simulation defines…”
Leonard v. Eyman, 405 P.2d 903 (Ariz. Ct. App. 1965).
· cites it 2× “A.R.S. § 13-2001. There is no right to appointment of counsel in a civil proceeding in the State of Arizona.”
— Ariz. Rev. Stat. § 13-2001(10) — 2 cases
— Ariz. Rev. Stat. § 13-2001(12)(a) — 1 case
— Ariz. Rev. Stat. § 13-2001(5) — 1 case
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
“” A.R.S. § 13-2001(5); see A.R.S. § 13-2001(6) (similarly defining "[flalsely completfing]” an instrument), (7) (similarly defining "[(jalsely makfing]” an instrument); A.”
— Ariz. Rev. Stat. § 13-2001(6) — 1 case
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
“” A.R.S. § 13-2001(5); see A.R.S. § 13-2001(6) (similarly defining "[flalsely completfing]” an instrument), (7) (similarly defining "[(jalsely makfing]” an instrument); A.”
— Ariz. Rev. Stat. § 13-2001(8) — 4 cases
Moreno v. Jones, 139 P.3d 612 (Ariz. 2006).
“The definition of “forgery” in the Criminal Code is more expansive, embracing not only “forged” instruments (those falsely made, altered, or completed), but also documents merely containing “false information.”
State v. Jones, 218 P.3d 1012 (Ariz. Ct. App. 2009).
“” A.R.S. § 13-2001(5); see A.R.S. § 13-2001(6) (similarly defining "[flalsely completfing]” an instrument), (7) (similarly defining "[(jalsely makfing]” an instrument); A.”
— Ariz. Rev. Stat. § 13-2001(9) — 2 cases
State v. Sharma, 165 P.3d 693 (Ariz. Ct. App. 2007).
“¶ 19 We note, however, that when the legislature proposed these new offenses, it broadened the definition of “personal identifying information” in A.R.S. § 13-2001(9) (2001) to include access devices, electronic identifiers, and screen names.”
State v. Livanos, 725 P.2d 505 (Ariz. Ct. App. 1986).
“It concluded that criminal simulation, given its history and the Report of the Arizona Criminal Code Commission 196 (1975), did not include the simulation of a “written instrument” as defined in A.R.S. § 13-2001 1 . Id. Therefore, the court concluded, criminal simulation defines…”
— Ariz. Rev. Stat. § 13-2001(9)(a) — 1 case
State v. Bedoni, 779 P.2d 355 (Ariz. Ct. App. 1989).
“A.R.S. § 13-2001(9)(a) (emphasis added). The issue is whether a traffic citation falls within the definition of this broadly-worded statute.”
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