ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: JUD DP 10-0-0-0 | 3^rd Read 60-0-0-0

---

HB 2178: theft by extortion; defense

Sponsor:  Representative Pratt, LD 8

House Engrossed

Overview

Amends the defense to prosecution for theft by extortion when a reasonable claim applies in certain circumstances.

History

Theft by extortion, a class 4 felony, is committed when a person knowingly obtains, or attempts to obtain, services or property by means of a threat. If a person causes serious physical injury or death, then the offense is a class 2 felony.

A person may claim an affirmative defense to prosecution for theft by extortion in certain circumstances if the property obtained by threat, accusation, lawsuit, or other official means was:

1) Restitution or indemnification for harm done relating to the threat, accusation, lawsuit, or other official mean; or

2) Compensation for lawfully obtained property or lawful service (A.R.S § 13-1804).

Provisions

1. Modifies the defense to prosecution for theft by extortion to be a defense, rather than an affirmative defense, when a reasonable person would believe that a claim applies in certain circumstances. (Sec. 1)

2. Makes technical and conforming changes. (Sec. 1)

3.

4.

5. ---------- DOCUMENT FOOTER ---------

6.                   HB 2178

7. Initials LC  Page 0 House Engrossed

8.

9. ---------- DOCUMENT FOOTER ---------