Terms Used In Arizona Laws > Title 13 > Chapter 18 - Theft

• Act: means a bodily movement. See Arizona Laws 13-105
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Aggrieved party: means a person who resides at, owns or leases property within a one-mile radius of premises proposed to be licensed and who filed a written request with the department to speak in favor of or opposition to the issuance of the license not later than sixty days after filing the application or fifteen days after action by the local governing body, whichever is sooner. See Arizona Laws 4-101
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• association: when used in reference to a corporation, includes successors or assigns. See Arizona Laws 4-101
• Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
• Board: means the state liquor board. See Arizona Laws 4-101
• Check: means any check, draft or other negotiable or nonnegotiable instrument of any kind. See Arizona Laws 13-1801
• Club: includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made only to members, spouses of members, families of members, bona fide guests of members and guests at other events authorized in this title:

  (a) A post, chapter, camp or other local unit composed solely of veterans and its duly recognized auxiliary that has been chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and that has, as the owner, lessee or occupant, operated an establishment for that purpose in this state. See Arizona Laws 4-101

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Control: means the power to direct or cause the direction of the management and policies of an applicant or licensee, whether through the ownership of voting securities or a partnership interest, by agreement or otherwise. See Arizona Laws 4-101
• Controlling person: means a person directly or indirectly possessing control of an applicant or licensee. See Arizona Laws 4-101
• Conviction: A judgement of guilt against a criminal defendant.
• Craft distiller: means a distiller in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
• Credit: means an express agreement with the drawee for the payment of a check. See Arizona Laws 13-1801
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
• Culpable mental state: means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:

  (a) "Intentionally" or "with the intent to" means, with respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct. See Arizona Laws 13-105

• Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
• Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of liquor licenses and control. See Arizona Laws 4-101
• 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 on payment of any reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered. See Arizona Laws 13-1801
• Director: means the director of the department of liquor licenses and control. See Arizona Laws 4-101
• Distilled spirits: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, fruits preserved in ardent spirits, and any alcoholic mixture or preparation, whether patented or otherwise, that may in sufficient quantities produce intoxication. See Arizona Laws 4-101
• Donor: The person who makes a gift.
• Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
• Employee: means any person who performs any service on licensed premises on a full-time, part-time or contract basis with consent of the licensee, whether or not the person is denominated an employee or independent contractor or otherwise. See Arizona Laws 4-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• Farm winery: means a winery in the United States or in a territory or possession of the United States that holds a license pursuant to Section 4-205. See Arizona Laws 4-101
• Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Funds: means money or credit. See Arizona Laws 13-1801
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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. See Arizona Laws 13-1801
• Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means a license or an interim retail permit issued pursuant to this title. See Arizona Laws 4-101
• Licensee: means a person who has been issued a license or an interim retail permit pursuant to this title or a special event licensee. See Arizona Laws 4-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manager: means a natural person who meets the standards required of licensees and who has authority to organize, direct, carry on, control or otherwise operate a licensed business on a temporary or full-time basis. See Arizona Laws 4-101
• 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. See Arizona Laws 13-1801
• Means of transportation: means any vehicle. See Arizona Laws 13-1801
• Microbrewery: means a brewery in the United States or in a territory or possession of the United States that meets the requirements of Section 4-205. See Arizona Laws 4-101
• Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• 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. See Arizona Laws 13-1801
• On-sale retailer: means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises or in individual portions for consumption on the premises. See Arizona Laws 4-101
• Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
• Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
• Person: includes a partnership, limited liability company, association, company or corporation, as well as a natural person. See Arizona Laws 4-101
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means any thing of value, tangible or intangible, including trade secrets. See Arizona Laws 13-1801
• 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. See Arizona Laws 13-1801
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sell: includes soliciting or receiving an order for, keeping or exposing for sale, directly or indirectly delivering for value, peddling, keeping with intent to sell and trafficking in. See Arizona Laws 4-101
• Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
• 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. See Arizona Laws 13-1801
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 4-101
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Tamperproof sealed: means designed to prevent consumption without the removal of a tamperproof cap, seal, cork or closure that has a device, mechanism or adhesive that clearly shows whether a container has been opened. See Arizona Laws 4-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
• Value: means the fair market value of the property or services at the time of the theft. See Arizona Laws 13-1801
• Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
• Vehicle: means any means of transportation by land, water or air, and includes everything made use of in any way for such transportation. See Arizona Laws 4-101
• Wine: means the product obtained by the fermentation of grapes, other agricultural products containing natural or added sugar or cider or any such alcoholic beverage fortified with grape brandy and containing not more than twenty-four percent of alcohol by volume. See Arizona Laws 4-101