ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2178: theft by extortion; defense

Sponsor:  Representative Pratt, LD 8

Committee on Judiciary

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 claim applies in certain circumstances. (Sec. 1)

2.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1)

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6.                      HB 2178

7.    Initials LC  Page 0 Judiciary

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