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REFERENCE TITLE: coercion; extortion; immigration status |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1436 |
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Introduced by Senator Quezada
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AN ACT
amending sections 13-1307 and 13-1804, Arizona Revised Statutes; relating to criminal offenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1307, Arizona Revised Statutes, is amended to read:
13-1307. Sex trafficking; classification; definitions
A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the following:
1. The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force or coercion.
2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force.
B. A person who violates this section is guilty of a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
C. For the purposes of this section:
1. "Coercion" includes:
(a) Abusing or threatening to abuse the law or the legal system.
(b) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person's actual or purported passport or other immigration document, government issued identification document, government record or personal property.
(c) Extortion.
(d) Causing or threatening to cause financial harm to any person.
(e) Facilitating or controlling another person's access to a controlled substance.
(f) Reporting or threatening to report the immigration status or perceived immigration status of a person for the purpose of instituting removal proceedings against that person.
2. "Force" includes causing or threatening to cause serious harm to another person or physically restraining or threatening to physically restrain another person.
3. "Sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.
4. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person.
Sec. 2. Section 13-1804, Arizona Revised Statutes, is amended to read:
13-1804. Theft by extortion; classification
A. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:
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 except as provided in paragraph 1 of this subsection.
3. Cause damage to property.
4. Engage in other 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 any property.
9. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur:
(a) The claimant's property interest is the result of a tax lien purchase or foreclosure pursuant to title 42, chapter 18.
(b) The fair market value of the claimant's property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure. For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.
10. report the immigration status or perceived immigration status of a person for the purpose of instituting removal proceedings against that person.
B. It is a defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section if a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.
C. Theft by extortion is a class 4 felony, except that threat theft by extortion under subsection A, paragraph 1 of this section is a class 2 felony.