Bill Text: AZ HB2082 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Coercion; theft by extortion
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-20 - House read second time [HB2082 Detail]
Download: Arizona-2021-HB2082-Introduced.html
PREFILED JAN 11 2021
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REFERENCE TITLE: coercion; theft by extortion |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2082 |
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Introduced by Representative Kavanagh
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AN ACT
amending section 13-1804, Arizona Revised Statutes; amending title 13, chapter 18, Arizona Revised Statutes, by adding section 13-1821; relating to theft.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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. Perform any act that does not in itself materially benefit the person but that is calculated to harm another person materially with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
B. It is an affirmative defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section that the property obtained by threat of the accusation, exposure, lawsuit or other invocation of official action was lawfully claimed either as:
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.
C. Theft by extortion as defined in under subsection A, paragraph 1 of this section is a class 2 felony. Otherwise, Theft by extortion under subsection A, paragraph 2, 3, 4, 5, 6, 7, 8, 9 or 10 of this section is a class 4 felony.
Sec. 2. Title 13, chapter 18, Arizona Revised Statutes, is amended by adding section 13-1821, to read:
13-1821. Coercion; classification
A. A person commits coercion by compelling or inducing another person to engage in conduct which that other person has a legal right to abstain from engaging in, abstain from engaging in conduct in which that other person has a legal right to engage or join a group, organization or criminal enterprise which that other person has a right to abstain from joining, by means of instilling in that other person a fear that, if the demand is not complied with, the person or some other person will do any of the following:
1. Cause physical injury to a person.
2. Cause damage to property.
3. Engage in other conduct constituting a crime.
4. Accuse some person of a crime or cause criminal charges to be filed against the person.
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule.
6. Cause a strike, boycott or other collective labor group action injurious to some person's business, except that the threat is not coercive if the act or omission compelled is for the benefit of the group in whose interest the person purports to act.
7. Testify or provide information or withhold testimony or information with respect to another person's legal claim or defense.
8. Use or abuse the person's position as a public servant by performing some act within or related to the person's official duties or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
9. Perform any other act that would not in itself materially benefit the person but that is calculated to harm another person materially with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships.
B. Coercion is a class 1 misdemeanor.
