ARS 13-2109: Credit card transaction record theft
The complete text of A.R.S. § 13-2109 on credit card transaction record theft, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 6 felony or a class 1 misdemeanor and exposure reaching up to 12.5 years in prison.
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What the State Must Prove Under § 13-2109
A.R.S. § 13-2109 is the Arizona statute on credit card transaction record theft. The statute sets out 2 ways the offense can be committed. A violation is a class 2 through 6 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
A. A person commits credit card transaction record theft by:
- If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.
- Knowingly and without the participating party’s authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.
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 § 13-2109 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
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. § 13-2109
A. A person commits credit card transaction record theft by:
1. If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.
2. Knowingly and without the participating party’s authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.
B. In order to determine the classification of the offense, the state may aggregate in the indictment or information amounts that were taken from one or more persons in credit card transaction record theft that was committed pursuant to one scheme or course of conduct.
C. Credit card transaction record theft with a value of twenty-five thousand dollars or more is a class 2 felony. Credit card transaction record theft with a value of at least three thousand dollars but less than twenty-five thousand dollars is a class 3 felony. Credit card transaction record theft with a value of at least two thousand dollars but less than three thousand dollars is a class 4 felony. Credit card transaction record theft with a value of at least one thousand dollars but less than two thousand dollars is a class 5 felony. Credit card transaction record theft with a value of at least five hundred dollars but less than one thousand dollars is a class 6 felony. Credit card transaction record theft with a value of less than five hundred dollars is a class 1 misdemeanor.
D. A person who is convicted of a violation of this section that involved an amount of at least one hundred thousand dollars is not eligible for suspension of sentence, probation, pardon, or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
Source: Arizona Revised Statutes § 13-2109, 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 21 — Credit Card Fraud
- A.R.S. § 13-2108 — Fraud by person authorized to provide goods or services
- A.R.S. § 13-2110 — Unlawful possession or use of scanning device or reencoder
- A.R.S. § 13-2107 — False statement as to financial condition or identity
- A.R.S. § 13-2106 — Possession of machinery, plate or other contrivance or incomplete credit card
- A.R.S. § 13-2105 — Fraudulent use of a credit card
- A.R.S. § 13-2104 — Forgery of credit card
- A.R.S. § 13-2103 — Receipt of anything of value obtained by fraudulent use of a credit card
- A.R.S. § 13-2102 — Theft of a credit card or obtaining a credit card by fraudulent means
How Tamou Law Group Defends § 13-2109 Cases
A § 13-2109 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 2 through 6 felony and something far less serious, and it is where these cases are won.
We handle credit card transaction record theft 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. § 13-2109?
A.R.S. § 13-2109 is the Arizona statute on credit card transaction record theft. A violation is a class 2 through 6 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2109 a felony in Arizona?
It can be. Under the statute a violation is a class 2 through 6 felony or a class 1 misdemeanor, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-2109?
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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