ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DP 10-0-0-0

HB 2228: theft by extortion; defense

Sponsor:  Representative Allen J, LD 15

Caucus & COW

Overview

Amends what constitutes a defense to theft by extortion. Classifies the penalty for theft by extortion as a class 2 or 4 felony, depending on the circumstances.

History

It is an affirmative defense against prosecution for theft by extortion if:

1)    Restitution or indemnification for harm done under circumstances to which the accusation, exposure, lawsuit or other official action relates;

2)    Compensation for property that was lawfully obtained or for lawful services. Theft by extortion as defined in subsection A, paragraph 1 is a class 2 felony; and

3)    Otherwise, theft by extortion is a class 4 felony (A.R.S § 13-1804).

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAsserts that property or services obtained or sought to be obtained by threat of accusation, exposure, lawsuit or other invocation of official action is a reasonable defense to prosecution for theft by extortion. (Sec. 1)

2.    Specifies that theft by extortion is a class 4 felony unless physical injury by means of a deadly weapon or death is caused, then it is a class 2 felony. (Sec. 1)

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6.    Initials LC/SF                    Caucus & COW

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