Arizona Laws 13-1804. Theft by extortion; classification
A. 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:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 felony | up to 10 years | up to $150,000 |
Terms Used In Arizona Laws 13-1804
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- 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
- 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
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- 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
- Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
- Property: means any thing of value, tangible or intangible, including trade secrets. See Arizona Laws 13-1801
- 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
- Value: means the fair market value of the property or services at the time of the theft. See Arizona Laws 13-1801
1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to anyone.
2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.
3. Cause damage to property.
4. Engage in other conduct constituting an offense.
5. Accuse anyone of a crime or bring criminal charges against anyone.
6. Expose a secret or an asserted fact in a social media message as defined in section 16-901 or in any other manner, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person’s credit or business unless the threat is based on a plausible claim of right to the property or services obtained or sought to be obtained.
7. Take or withhold action as a public servant or cause a public servant to take or withhold action.
8. Cause anyone to part with any property.
9. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur:
(a) The claimant’s property interest is the result of a tax lien purchase or foreclosure pursuant to Title 42, Chapter 18.
(b) The fair market value of the claimant’s property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure. For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.
B. It is a defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section if a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.
C. Theft by extortion is a class 4 felony, except that theft by extortion under subsection A, paragraph 1 of this section is a class 2 felony.