 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
theft by extortion; defense
Purpose
Modifies the defense for the crime of theft by extortion.
Background
A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat. The types of threats that are included in the offense include a threat to:
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;
3) cause damage to property;
4) engage in conduct constituting an offense;
5) accuse anyone of a crime or bring criminal charges against anyone;
6) expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business;
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 property; or
9) take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if specified circumstances exist.
It is an affirmative defense to a prosecution of theft by extortion, under certain theories of liability, that the property obtained by threat of the accusation, exposure, lawsuit or other invocation of official action was lawfully claimed, either as: 1) restitution or indemnification for harm done under circumstances to which the accusation, exposure, lawsuit or other official action related; or 2) compensation for property that was lawfully obtained or for lawful services.
Theft by extortion is a class 4 felony, unless the threat was to cause physical injury by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to a person, in which case it is a class 2 felony (A.R.S. § 13-1804). When a defense is an affirmative defense, the defendant has the burden to prove the defense by a preponderance of evidence (A.R.S. § 13-205).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Changes the defense to a prosecution of theft by extortion from an affirmative defense to a defense.
2. Modifies the defense to a prosecution for theft by extortion to apply if a reasonable person would believe the property or services were obtained or sought to be obtained by threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.
3. Makes technical changes.
4. Become effective on the general effective date.
House Action
JUD 1/27/21 DP 10-0-0-0
3rd Read 2/15/21 60-0-0
Prepared by Senate Research
March 2, 2021
JA/kja