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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
motor fuel theft; classifications
Purpose
Establishes the criminal classification of theft of motor fuel and prescribes penalty classifications for theft of motor fuel.
Background
A person commits theft if, without lawful authority, the person knowingly controls or obtains the property or services of another including, but not limited to, instances in which the person: 1) controls the property of another with the intent to deprive the other person of the property; 2) obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of the property or services; or 3) obtains services known to the defendant to be available only by compensation without paying for the service or establishing an agreement to pay for the service.
Theft of property or services is classified by value and is a: 1) class 2 felony for $25,000 or more; 2) class 3 felony for amounts between $4,000 and $25,000; 3) class 4 felony for amounts between $3,000 and $4,000; 4) class 5 felony for amounts between $2,000 and $3,000; 5) class 6 felony for amounts between $1,000 and $2,000; and 6) class 1 misdemeanor for amounts that are less than $1,000 (A.R.S. § 13-1802).
Property is any thing of value tangible or intangible, including trade secrets. Services include labor, professional services, transportation, cable service and video service, computer or communication services, gas or electricity services, accommodation in hotels, restaurants or leased premises or elsewhere, admission to exhibitions and use of vehicles or other movable property (A.R.S. § 13-1801).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the criminal classification of theft of motor fuel that a person commits by willfully, knowingly and without authorization:
a) breaching a retail fuel dispenser or accesses any internal portion of a retail fuel dispenser;
b) possessing any device that is constructed for the purpose of fraudulently altering, manipulating or interrupting the normal operation of a retail fuel dispenser;
c) physically tampering with, manipulating, removing, replacing or interrupting any mechanical or electronic component that is located on the internal or external portion of a retail fuel dispenser; or
d) using any form of electronic communication to fraudulently alter, manipulate or interrupt the normal operation of a retail fuel dispenser.
2. Classifies theft of motor fuel by breach of a retail fuel dispenser or possession of a device constructed to alter the normal operation of a retail fuel dispenser as a class 6 felony, or a class 5 felony if the violation results in a person obtaining motor fuel.
3. Classifies theft of motor fuel by tampering with a retail fuel dispenser, as prescribed, or using electronic communication to fraudulently alter the normal operation of a retail fuel dispenser as a class 5 felony.
4. Defines motor fuel as motor vehicle fuel, use fuel and aviation fuel.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2026
ZD/KS/ci