ARS 13-3707: Telecommunication fraud
The complete text of A.R.S. § 13-3707 on telecommunication fraud, what the State has to prove, and the sentencing range, with a violation charged as a class 3 felony and exposure reaching up to 8.75 years in prison.
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What the State Must Prove Under § 13-3707
A.R.S. § 13-3707 is the Arizona statute on telecommunication fraud. The statute sets out 4 ways the offense can be committed. A violation is a class 3 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 8.75 years in prison.
A. A person commits telecommunication fraud if the person does any of the following:
- With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:
- With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers.
- Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either:
- Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-3707 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-3707
A. A person commits telecommunication fraud if the person does any of the following:
1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:
(a) Charging or attempting to charge the telecommunication service either:
(i) To an existing electronic mail address, telephone number or credit card number without the authority of the person to whom issued or the subscriber to or the lawful holder of the address or number.
(ii) To a nonexistent, counterfeit, revoked or canceled credit card number.
(b) Any method of code calling.
(c) Installing, rearranging or tampering with any facility or equipment.
(d) The use of any other fraudulent means, method, trick or device.
2. With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers.
3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either:
(a) To obtain telecommunication service by fraud in violation of this subsection.
(b) To conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication in order to obtain telecommunication service by fraud in violation of this subsection.
4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:
(a) Software, instrument, apparatus, equipment or device described in paragraph 3 of this subsection.
(b) Plans, specifications or instructions for making or assembling any software, instrument, apparatus, equipment or device with the intent to use or employ such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device or to allow any software, instrument, apparatus, equipment or device to be used or employed, for a purpose described in paragraph 3 of this subsection.
(c) Plans, specifications or instructions with the intent that the plans, specifications or instructions be used for making or assembling such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device.
B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any software, instrument, apparatus, equipment or device by either of the following:
1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.
2. Employees or agents of communication service providers as defined in section 13-3001 who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.
C. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state.
D. Telecommunication fraud is a class 3 felony.
E. As used in this section:
1. “Credit card number” means the card number appearing on a credit card, telephone calling card or access device as defined in section 13-2001 that is issued to a person by any supplier of telecommunication service and that permits the person to whom the card or access device has been issued to obtain telecommunication service.
2. “Telecommunication service” includes electronic communication services, subscription computer services, telephone and telegraph services and all other services that involve the transmission of information by wire, radio, cellular, wireless transmission or similar means.
Source: Arizona Revised Statutes § 13-3707, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 37 — Miscellaneous Offenses
- A.R.S. § 13-3706 — Failure to procure or exhibit a business license
- A.R.S. § 13-3708 — Sale or transfer of motor vehicle
- A.R.S. § 13-3705 — Unlawful copying or sale of sounds or images from recording devices
- A.R.S. § 13-3709 — Obtaining cable television and video services fraudulently
- A.R.S. § 13-3704 — Adding poison or other harmful substance to food, drink or medicine
- A.R.S. § 13-3710 — Obtaining subscription television services
- A.R.S. § 13-3703 — Abuse of venerated objects
- A.R.S. § 13-3711 — Unlawful commercial use of cigarette machines
How Tamou Law Group Defends § 13-3707 Cases
A § 13-3707 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 3 felony and something far less serious, and it is where these cases are won.
We handle telecommunication fraud cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-3707?
A.R.S. § 13-3707 is the Arizona statute on telecommunication fraud. A violation is a class 3 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-3707 a felony in Arizona?
Yes. Under the statute a violation is a class 3 felony, so the exposure reaches up to 8.75 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 3 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 3 felony at 2 years to 8.75 years, with a presumptive term of 3.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 13-3707?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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