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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-3-0-0| Third Read 17-11-2-0-0 |
SB 1540: motor fuel theft; classifications
Sponsor: Senator Payne, LD 27
Committee on Judiciary
Overview
Creates the new offense of theft of motor fuel, for specified unauthorized conduct involving a retail fuel dispenser.
History
Under current law, Arizona’s general theft statute applies when a person knowingly controls, obtains or otherwise takes property or services without lawful authority. The classification of this offence generally depends upon the value of the property or services stolen. In the main, theft is classified as follows:
1) theft valued at less than $1,000 is a class 1 misdemeanor;
2) theft valued between $1,000 to $2,000 is a class 6 felony;
3) theft valued between $2,000 to $3,000 is a class 5 felony;
4) theft valued between $3,000 to $4,000 is a class 4 felony;
5) theft valued between $4,000 to $25,000 is a class 3 felony; and
6) theft valued at more than $25,000 is a class 2 felony (A.R.S. § 13-1802).
Provisions
1. Establishes that a person commits theft of motor fuel if the person willfully, knowingly and without authorization does any of the following with respect to a retail fuel dispenser:
a. breaches the dispenser or accesses any internal portion of the dispenser;
b. possesses a device constructed for the purpose of fraudulently manipulating the dispenser’s normal operation;
c. physically tampers with any mechanical or electronic component located on the internal or external portion of the dispenser; or
d. uses any form of electronic communication to fraudulently manipulate the dispenser’s normal operation. (Sec. 1)
2. Classifies a violation based on breaching or accessing the dispenser or possessing a fraudulent device, as a class 6 felony, except that the offense is a class 5 felony if the violation results in a person obtaining motor fuel. (Sec. 1)
3. Classifies a violation based on physical tampering with dispenser components or using electronic communication to fraudulently manipulate the dispenser’s normal operation as a class 5 felony. (Sec. 1)
4. Defines motor fuel. (Sec. 1)
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8. Initials NM SB 1540
9. 3/12/2026 Page 0 Judiciary
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