ARS 13-1802: Theft
The complete text of A.R.S. § 13-1802 on theft, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 6 felony or a class 1 misdemeanor and exposure reaching up to 12.5 years in prison.
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ARS 13-1802 Theft: What the State Must Prove
A.R.S. § 13-1802 defines theft as knowingly controlling, converting, obtaining or keeping another person’s property or services without lawful authority and with intent to deprive, including keeping lost property and controlling property you know is stolen. The class is set by value: under $1,000 is a class 1 misdemeanor, $25,000 or more is a class 2 felony.
- Under $1,000: class 1 misdemeanor. $1,000 to $1,999: class 6 felony. $2,000 to $2,999: class 5. $3,000 to $3,999: class 4. $4,000 to $24,999: class 3. $25,000 or more: class 2 felony.
- Any value is a class 6 felony if the property was taken from the person, is a firearm, or is an animal taken for fighting; a vehicle engine or transmission is always a class 4.
- Theft of $100,000 or more under (A)(1) or (A)(3) is flat time: no probation, suspension or early release.
- Taking a vulnerable adult’s property while in a position of trust is a separate theft offense under subsection B, with its own affirmative defenses in subsection C.
Elements the State must prove beyond a reasonable doubt
- That you acted without lawful authority.
- That you knowingly did one of the nine acts in subsection A: controlled property with intent to deprive, converted entrusted property, obtained property or services by material misrepresentation, kept lost or misdelivered property without reasonable efforts to find the owner, controlled property you knew or had reason to know was stolen, took services without paying, or one of the three scrap-metal variants.
- That the property or services belonged to another and had a provable value, because value sets the class under subsection G.
- For (A)(1) and (A)(3), intent to deprive, which § 13-1801 defines as withholding permanently or for so long that a substantial part of the value is lost.
How the statute itself lists the conduct
A. A person commits theft if, without lawful authority, the person knowingly:
- Controls property of another with the intent to deprive the other person of such property; or
- Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
- Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
- Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or
- Controls property of another knowing or having reason to know that the property was stolen; or
- Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so; or
- Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or
- Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
- Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-1802 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 felony | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-1802
A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or
5. Controls property of another knowing or having reason to know that the property was stolen; or
6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so; or
7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or
8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.
B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult’s property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.
C. It is an affirmative defense to any prosecution under subsection B of this section that either:
1. The property was given as a gift consistent with a pattern of gift giving to the person that existed before the adult became vulnerable.
2. The property was given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the adult became vulnerable.
3. The superior court approved the transaction before the transaction occurred.
D. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
E. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.
F. Subsection B of this section does not apply to an agent who is acting within the scope of the agent’s duties as or on behalf of a health care institution that is licensed pursuant to title 36, chapter 4 and that provides services to the vulnerable adult.
G. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is an animal taken for the purpose of animal fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.
H. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
I. For the purposes of this section, the value of ferrous metal or nonferrous metal includes the amount of any damage to the property of another caused as a result of the theft of the metal.
J. In an action for theft of ferrous metal or nonferrous metal:
1. Unless satisfactorily explained or acquired in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of possession of scrap metal that was recently stolen may give rise to an inference that the person in possession of the scrap metal was aware of the risk that it had been stolen or in some way participated in its theft.
2. Unless satisfactorily explained or sold in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of the sale of stolen scrap metal at a price substantially below its fair market value may give rise to an inference that the person selling the scrap metal was aware of the risk that it had been stolen.
K. For the purposes of this section:
1. “Adequate consideration” means the property was given to the person as payment for bona fide goods or services provided by the person and the payment was at a rate that was customary for similar goods or services in the community that the vulnerable adult resided in at the time of the transaction.
2. “Ferrous metal” has the same meaning prescribed in section 44-1641.
3. “Pattern of gift giving” means two or more gifts that are the same or similar in type and monetary value.
4. “Position of trust and confidence” has the same meaning prescribed in section 46-456.
5. “Property” includes all forms of real property and personal property.
6. “Vulnerable adult” has the same meaning prescribed in section 46-451.
Source: Arizona Revised Statutes § 13-1802, as published by the Arizona Legislature. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
- Felony Theft Over $100,000 in Arizona | 13-1802 Defense
- When Is Embezzlement a Felony in Arizona? (13-1802)
- Embezzlement Lawyer Arizona | A.R.S. 13-1802 Theft Defense
Related Statutes in Chapter 18 — Theft
- A.R.S. § 13-1803 — Unlawful use of means of transportation
- A.R.S. § 13-1804 — Theft by extortion
- A.R.S. § 13-1805 — Shoplifting
- A.R.S. § 13-1806 — Unlawful failure to return rented or leased property
- A.R.S. § 13-1807 — Issuing a bad check
- A.R.S. § 13-1813 — Gift card theft
- A.R.S. § 13-1814 — Theft of means of transportation
- A.R.S. § 13-1816 — Unlawful use, possession or removal of theft detection shielding devices
How Tamou Law Group Defends § 13-1802 Cases
A § 13-1802 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 6 felony and something far less serious, and it is where these cases are won.
We handle theft cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Why Tamou Law Group for Theft and Property Crime Charges
Theft, burglary, trespass and criminal damage cases turn on intent and permission, and both are usually proved with inferences rather than facts. We supply the facts: the lending history, the messages, the store video and the timeline.
Diversion where most firms plead
Our published results include diversion on an unlawful use of means of transportation case, a second-degree burglary case and a shoplifting case, burglary-tools and stolen-property charges reduced to misdemeanors, and a criminal damage case dismissed.
Former prosecutors on intent
Attorneys on our team have charged theft and property cases for the State. They know how a charging prosecutor evaluates intent and value, and what a defense submission has to contain to change the charge before it is filed.
Felony to misdemeanor
Most theft and property charges have a misdemeanor or an undesignated class 6 version. We build the case toward that outcome from the first appearance, because the designation, not the sentence, is what follows you.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. T.J. | Unlawful use of means of transportation and theft (A.R.S. 13-1803, 13-1802) | Diversion |
| State v. J.H. | Second-degree burglary, criminal damage and theft (13-1507, 13-1602, 13-1802) | Diversion |
| State v. S.Q. | Shoplifting and criminal trespass (13-1805, 13-1502) | Diversion |
| State v. H.S. | Third-degree burglary and possession of burglary tools (13-1506, 13-1505) | Reduced to a misdemeanor |
| State v. V.D. | Trafficking in stolen property, theft and forgery (13-2307, 13-1802, 13-2002) | Reduced to a misdemeanor |
| State v. C.T. | Criminal damage and disorderly conduct (13-1602, 13-2904) | Case dismissed |
| State v. A.B. | Criminal trespass and disorderly conduct (13-1502, 13-2904) | Deferred prosecution |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Frequently Asked Questions
What is A.R.S. § 13-1802?
A.R.S. § 13-1802 defines theft as knowingly controlling, converting, obtaining or keeping another person’s property or services without lawful authority and with intent to deprive, including keeping lost property and controlling property you know is stolen. The class is set by value: under $1,000 is a class 1 misdemeanor, $25,000 or more is a class 2 felony.
Is a violation of § 13-1802 a felony in Arizona?
It can be. Under the statute a violation is a class 2 through 6 felony or a class 1 misdemeanor, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-1802?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.