Arizona Laws 13-1820. Theft of trade secrets; classification; definition
A. A person commits theft of trade secrets if, with the intent to deprive or withhold the exclusive control of a trade secret from its owner or with the intent to make any use of a trade secret, the person does any of the following:
Terms Used In Arizona Laws 13-1820
- 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
- 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
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Value: means the fair market value of the property or services at the time of the theft. See Arizona Laws 13-1801
1. Takes, transmits, exhibits, conveys, alters, destroys, conceals or uses a trade secret without the permission of the owner.
2. Makes or causes to be made a copy of a trade secret without the permission of the owner.
3. Receives, purchases or possesses a trade secret, knowing that the trade secret has been obtained by means described in paragraph 1 or 2 of this subsection.
B. It is not a defense to a prosecution for theft of trade secrets that the person charged returned or intended to return the trade secret that was stolen, copied or obtained from another.
C. A violation of this section is a class 5 felony.
D. For the purposes of this section, "trade secrets" means information, without regard to form, including a formula, pattern, compilation, program, device, method, technique, plan, drawing, design or process that both:
1. Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.
2. Is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.