AZ HB2178

Amends Arizona Revised Statutes Section 13-1804 to modify the defense available to theft by extortion charges under paragraphs 5, 6, or 7 (accusations of crime, exposure of secrets, or public servant actions).

Changes the defense standard from "an affirmative" defense to "a" defense, and modifies the language to require that a reasonable person would believe the property or services were obtained by threat of a reasonable accusation, exposure, lawsuit, or invocation of official action.

Removes the previous two-part defense framework that allowed claims of restitution/indemnification or compensation for lawfully obtained property or services.

Classifies theft by extortion as a class 4 felony, with the exception that threats involving a deadly weapon, dangerous instrument, death, or serious physical injury under paragraph 1 constitute a class 2 felony.

Effective date: March 24, 2021.