Arizona Theft and Shoplifting Laws

If you're looking for a Arizona online theft class, it's important to know your Arizona theft laws. This can help you understand more about your offense.

Please note that the Arizona theft and shoplifting laws shown on this page are to aid you in understanding your local Arizona theft, shoplifting and stealing laws. While we have tried to show the latest version of Arizona theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from a lawyer. It is in your best interest that you consult with an appropriate attorney for more information about Arizona theft laws.

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Navigating the theft and shoplifting laws in Arizona is easier when you understand some of the key definitions and legal standards. Here is an overview of the main points in a clearer, more digestible format.

Key Terms and Definitions (13-1801)

• Check: Any form of a written financial transaction instrument.
• Control: Preventing others from using their property unless it’s on your terms.
• Credit: An agreement to pay at a later date.
• Deprive: Taking or keeping someone’s property long enough to reduce its value or usefulness significantly.
• Draw: Writing or issuing a check.
• Funds: Money or available credit.
• Material Misrepresentation: Lying or misleading to gain property or services unfairly.
• Means of Transportation: Any vehicle.
• Property of Another: Property owned by someone else that you do not have permission to take.

What Constitutes Theft? (13-1802)

Theft occurs when a person:

1. Takes someone else’s property with the intent to keep it.
2. Uses or keeps property or services without permission.
3. Gains property or services through deception.
4. Finds lost property and does not attempt to return it to its owner.
5. Controls property they know is stolen.

Additional Penalties for Vulnerable Adults

Taking property from a vulnerable adult can have additional consequences, but there are exceptions if the property was given as a gift or with court approval.

Penalties for Theft

• Class 2 Felony: Theft over $25,000.
• Class 3 Felony: Theft between $4,000 and $25,000.
• Class 4 Felony: Theft between $3,000 and $4,000 or of a vehicle engine or transmission.
• Class 5 Felony: Theft between $2,000 and $3,000.
• Class 6 Felony: Theft between $1,000 and $2,000.
• Class 1 Misdemeanor: Theft under $1,000, unless specific circumstances apply.

Unlawful Use of a Vehicle (13-1803)

It is unlawful to use a vehicle without the owner’s permission. The law distinguishes between:

• Class 5 Felony: Taking the vehicle itself.
• Class 6 Felony: Riding in a vehicle you know is stolen or used without permission.

Theft by Extortion (13-1804)

Theft by extortion happens when someone uses threats (such as physical harm, property damage, or revealing secrets) to obtain property or services. Penalties include:

• Class 2 Felony: If threats involve severe harm.
• Class 4 Felony: All other extortion cases.

Shoplifting (13-1805)

Shoplifting occurs when a person:

1. Takes goods without paying.
2. Charges items to someone else without permission.
3. Tricks a store into accepting less money, such as by changing price tags.
4. Moves items to avoid paying.
5. Hides goods intending to take them.

Merchant Rights and Civil Actions

Store employees have the right to detain suspected shoplifters temporarily if they have reasonable cause. Merchants may also pursue civil actions against individuals who commit shoplifting.

Penalties for Shoplifting

• Class 5 Felony: Shoplifting goods worth $2,000 or more or during organized theft.
• Class 6 Felony: Shoplifting between $1,000 and $2,000 or firearms.
• Class 1 Misdemeanor: Shoplifting under $1,000.

Failure to Return Rented Property (13-1806)

Not returning rented property within 72 hours after the return date is a Class 1 Misdemeanor.

Issuing a Bad Check (13-1807)

Issuing a check without sufficient funds in your account is illegal. Penalties vary based on the check amount:

• Class 1 Misdemeanor: For checks under $5,000.
• Class 6 Felony: For checks over $5,000, if unpaid within 60 days of notification.

Theft of a Vehicle (13-1814)

Theft of a vehicle involves taking a vehicle to keep it or using it without permission. It’s classified as a Class 3 Felony.

Reporting Vehicle Theft

If a vehicle is stolen, the owner must report it with an affidavit to law enforcement within seven days to keep it listed in national databases.

Other Key Theft-Related Offenses

• Unlawful Use of Power of Attorney (13-1815): Misusing someone’s finances under power of attorney is treated as theft.
• Organized Retail Theft (13-1819): Stealing merchandise to resell it or using devices to steal is a Class 4 Felony.

Unlawful Failure to Return a Motor Vehicle (13-1813)

Failing to return a vehicle subject to a loan or lease agreement, especially when payments are overdue by more than 90 days, is considered unlawful. This applies when the person intends to prevent the lender from reclaiming the vehicle.

Penalties

• Class 6 Felony: Failing to return a motor vehicle as outlined is classified as a felony.

Defenses

Valid defenses include physical incapacity or the inability to return the vehicle due to reasons beyond one’s control.

Unlawful Use, Possession, or Removal of Theft Detection Shielding Devices (13-1816)

It’s illegal to use or possess devices meant to bypass security systems in stores.

Penalties

Using or possessing theft-detection shielding devices is a Class 6 Felony.

Unlawful Possession, Use, or Alteration of Retail Sales Receipts or UPC Labels (13-1817)

Fraud involving store receipts or barcodes is illegal. This includes:

1. Possessing 15 or more fake or altered sales receipts or labels.
2. Altering or reproducing receipts or labels with fraudulent intent.

Penalties

• Class 5 Felony: Possessing 15 or more fraudulent receipts or labels.
• Class 6 Felony: Altering or using fraudulent receipts or labels.

Misappropriation of Charter School Funds (13-1818)

Using state-provided funds for purposes other than operating a charter school is unlawful.

Penalties

• Class 4 Felony: Misappropriation of funds under $25,000.
• Class 2 Felony: Misappropriation of $25,000 or more.

Deferred Prosecution of Bad Check Cases (13-1810)

Some bad check cases may qualify for deferred prosecution programs, which allow individuals to avoid charges if they make restitution and comply with other program requirements.

Unlawful Use of Power of Attorney (13-1815)

When someone with power of attorney misuses their authority to take control of another person’s assets for their own benefit, it is considered theft and is subject to the same penalties under general theft laws (13-1802).

Organized Retail Theft (13-1819)

This offense involves stealing goods with the intent to resell them or using devices to assist in organized theft.

Penalties

Organized retail theft is a Class 4 Felony and comes with serious legal consequences.

Certainly, here’s the continuation and conclusion of Arizona’s theft and shoplifting laws:

Unlawful Failure to Return Rented or Leased Property (13-1806)

Failing to return rented property on time, especially without notifying the owner or having a valid reason, can lead to charges. According to Arizona law, rented items must be returned within 72 hours of the due date specified in the rental agreement.

Requirements for Rental Agreements

Rental contracts must clearly outline: 1. The exact date and time the property is due back. 2. The penalties for not returning the item by the agreed-upon time.

Penalties

Failing to return rented property is classified as a Class 1 Misdemeanor, but if certain aggravating factors apply, it could lead to harsher penalties.

Defenses

A person may have a valid defense if they were unable to return the property due to no fault of their own, such as illness, injury, or other circumstances beyond their control.

Issuing a Bad Check and Related Offenses (13-1807 to 13-1810)

What Constitutes Issuing a Bad Check?

Issuing a bad check occurs when someone knowingly writes a check without enough money in their account to cover it, or if the account is closed or invalid.

Penalties

• Class 1 Misdemeanor: For bad checks under $5,000.
• Class 6 Felony: For checks totaling $5,000 or more if payment isn’t made within 60 days of notice.

Defenses

Defenses for issuing a bad check include: 1. The recipient knew there were insufficient funds. 2. The check was postdated, with sufficient funds expected on that date. 3. The bank account was mistakenly adjusted or frozen without the issuer’s knowledge.

Deferred Prosecution Programs

In some cases, county attorneys may offer deferred prosecution programs. These allow participants to avoid a criminal record if they agree to make full restitution, pay any associated fees, and meet the program’s conditions.

Jurisdiction and Restitution

For cases involving multiple bad checks, they can be prosecuted in a single complaint if they occurred in the same jurisdiction. Those convicted may be required to repay the face value of the check and additional fees or fines.

Theft of Means of Transportation (13-1814)

Taking someone’s vehicle permanently, or using it without permission for a prolonged period, is considered a serious offense under Arizona law. This includes taking lost or misdelivered vehicles without attempting to return them to their owner.

Penalties

Theft of a vehicle or other means of transportation is classified as a Class 3 Felony, reflecting the high value and significance of the property involved.

Reporting Requirements

When reporting vehicle theft, the owner must file an affidavit with law enforcement within seven days. Failure to do so could lead to the vehicle’s removal from national crime databases, making it more challenging to locate and recover.

Misappropriation of Charter School Monies (13-1818)

This law applies specifically to misuse of funds allocated to Arizona’s charter schools. It is illegal to use these funds for any purpose not directly supporting the school’s educational mission.

Penalties

• Class 4 Felony: For misappropriating amounts under $25,000.
• Class 2 Felony: For funds totaling $25,000 or more.

Unlawful Use, Possession, or Removal of Theft Detection Shielding Devices (13-1816)

It is illegal to create, sell, or own devices meant to bypass store security systems, as well as to remove or tamper with theft detection tags from merchandise without paying.

Penalties

Engaging in any of these actions is classified as a Class 6 Felony.

Fraud Involving Retail Sales Receipts or Universal Product Code (UPC) Labels (13-1817)

This law makes it illegal to possess or use fraudulent sales receipts or UPC labels to deceive stores and commit theft.

Penalties

• Class 5 Felony: For possessing 15 or more fraudulent receipts or UPC labels.
• Class 6 Felony: For altering or reproducing fraudulent receipts or labels, with possible fines up to three times the value indicated on them.

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