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13-1801. Definitions
- In this chapter, unless the context otherwise requires:
- "Check" means any check, draft or other negotiable or nonnegotiable instrument of any kind.
- "Control" or "exercise control" means to act so as to exclude others from using their property except on the defendant's own terms.
- "Credit" means an express agreement with the drawee for the payment of a check.
- "Deprive" means to withhold the property interest of another either permanently or for so long a time period that a substantial portion of its economic value or usefulness or enjoyment is lost, to withhold with
the intent to restore it only upon payment of any reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered.
- "Draw" means making, drawing, uttering, preparing, writing or delivering a check.
- "Funds" means money or credit.
- "Issue" means to deliver or cause to be delivered a check to a person who thereby acquires a right against the drawer with respect to the check. A person who draws a check with the intent that it be so delivered
is deemed to have issued it if the delivery occurs.
- "Material misrepresentation" means a pretense, promise, representation or statement of present, past or future fact that is fraudulent and that, when used or communicated, is instrumental in causing the wrongful
control or transfer of property or services. The pretense may be verbal or it may be a physical act.
- "Means of transportation" means any vehicle.
- "Obtain" means to bring about or to receive the transfer of any interest in property, whether to a defendant or to another, or to secure the performance of a service or the possession of a trade secret.
- "Pass" means, for a payee, holder or bearer of a check that previously has been or purports to have been drawn and issued by another, to deliver a check, for a purpose other than collection, to a third person who
by delivery acquires a right with respect to the check.
- "Property" means any thing of value, tangible or intangible, including trade secrets.
- "Property of another" means property in which any person other than the defendant has an interest on which the defendant is not privileged to infringe, including property in which the defendant also has an interest,
notwithstanding the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the
defendant is not deemed property of another person who has only a security interest in the property, even if legal title is in the creditor pursuant to a security agreement.
- "Services" includes labor, professional services, transportation, cable television, 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.
- "Value" means the fair market value of the property or services at the time of the theft. Written instruments that do not have a readily ascertained market value have as their value either the face amount of
indebtedness less the portion satisfied or the amount of economic loss involved in deprivation of the instrument, whichever is greater. When property has an undeterminable value the trier of fact shall determine
its value and, in reaching its decision, may consider all relevant evidence, including evidence of the property's value to its owner.
- In determining the classification of the offense, the state may aggregate in the indictment or information amounts taken in thefts committed pursuant to one scheme or course of conduct, whether the amounts were
taken from one or several persons.
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13-1802. Theft; classification
- A person commits theft if, without lawful authority, the person knowingly:
- Controls property of another with the intent to deprive the other person of such property; or
- Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
- Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
- Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use
without reasonable efforts to notify the true owner; or
- Controls property of another knowing or having reason to know that the property was stolen; or
- Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without
authority to do so.
- A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult's assets or property through intimidation or deception, as defined in section 46-456, while
acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.
- The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
- At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade
secret pursuant to section 44-405.
- heft of property or services with a value of twentyfive thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twentyfive thousand
dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission
is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value
of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken
from the person of another, is a firearm or is a dog taken for the purpose of dog fighting in violation of section 132910.01, in which case the theft is a class 6 felony.
- A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence,
probation, pardon or release from confinement on any 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.
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13-1804. Theft by extortion; classification
- A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:
- Cause physical injury to anyone by means of a deadly weapon or dangerous instrument.
- Cause physical injury to anyone except as provided in paragraph 1 of this subsection.
- Cause damage to property.
- Engage in other conduct constituting an offense.
- Accuse anyone of a crime or bring criminal charges against anyone.
- Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business.
- Take or withhold action as a public servant or cause a public servant to take or withhold action.
- Cause anyone to part with any property.
- It is an affirmative defense to a prosecution under subsection A, paragraph 5, 6 or 7 that the property obtained by threat of the accusation, exposure, lawsuit or other invocation of official action was lawfully claimed either as:
- Restitution or indemnification for harm done under circumstances to which the accusation, exposure, lawsuit or other official action relates.
- Compensation for property that was lawfully obtained or for lawful services.
- Theft by extortion as defined in subsection A, paragraph 1 is a class 2 felony. Otherwise, theft by extortion is a class 4 felony.
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13-2305. Permissible inferences
In an action for trafficking in stolen property:
- Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an inference that the person in possession of the property was aware of the risk that it had been stolen or in
some way participated in its theft.
- Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property
was aware of the risk that it had been stolen.
- Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless satisfactorily explained,
may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.
Phoenix Lawyer John Rock has successfully defended theft crimes in Arizona.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the
criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the
statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
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