Arizona Revised Statutes Title 13. Criminal Code § 13-1804. Theft by extortion;  classification

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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.  1

(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 § 33-814, subsection A as of the date of the theft.

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 by extortion under subsection A, paragraph 1 of this section is a class 2 felony.

1  Section 42-18001 et seq.

Cite this article: - Arizona Revised Statutes Title 13. Criminal Code § 13-1804. Theft by extortion;  classification - last updated March 08, 2022 |

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