Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1801 (2026)

Definitions

✓ current as of May 2026
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A. In this chapter, unless the context otherwise requires:

1. "Check" means any check, draft or other negotiable or nonnegotiable instrument of any kind.

2. "Control" or "exercise control" means to act so as to exclude others from using their property except on the defendant's own terms.

3. "Credit" means an express agreement with the drawee for the payment of a check.

4. "Deprive" means to withhold the property interest of another either permanently or for so long a time period that a substantial portion of its economic value or usefulness or enjoyment is lost, to withhold with the intent to restore it only on payment of any reward or other compensation or to transfer or dispose of it so that it is unlikely to be recovered.

5. "Draw" means making, drawing, uttering, preparing, writing or delivering a check.

6. "Funds" means money or credit.

7. "Issue" means to deliver or cause to be delivered a check to a person who thereby acquires a right against the drawer with respect to the check.  A person who draws a check with the intent that it be so delivered is deemed to have issued it if the delivery occurs.

8. "Material misrepresentation" means a pretense, promise, representation or statement of present, past or future fact that is fraudulent and that, when used or communicated, is instrumental in causing the wrongful control or transfer of property or services.  The pretense may be verbal or it may be a physical act.

9. "Means of transportation" means any vehicle.

10. "Obtain" means to bring about or to receive the transfer of any interest in property, whether to a defendant or to another, or to secure the performance of a service or the possession of a trade secret.

11. "Pass" means, for a payee, holder or bearer of a check that previously has been or purports to have been drawn and issued by another, to deliver a check, for a purpose other than collection, to a third person who by delivery acquires a right with respect to the check.

12. "Property" means any thing of value, tangible or intangible, including trade secrets.

13. "Property of another" means property in which any person other than the defendant has an interest on which the defendant is not privileged to infringe, including property in which the defendant also has an interest, notwithstanding the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the defendant is not deemed property of another person who has only a security interest in the property, even if legal title is in the creditor pursuant to a security agreement.

14. "Services" includes labor, professional services, transportation, cable service and video service, computer or communication services, gas or electricity services, accommodation in hotels, restaurants or leased premises or elsewhere, admission to exhibitions and use of vehicles or other movable property.

15. "Value" means the fair market value of the property or services at the time of the theft.  The value of ferrous metal, as defined in section 44-1641, or nonferrous metal is the average fair market value of the metal in the local area together with the repair or replacement value of any property from which the metal was removed at the time of the theft.  Written instruments that do not have a readily ascertained market value have as their value either the face amount of indebtedness less the portion satisfied or the amount of economic loss involved in deprivation of the instrument, whichever is greater. When property has an undeterminable value the trier of fact shall determine its value and, in reaching its decision, may consider all relevant evidence, including evidence of the property's value to its owner.

B. In determining the classification of the offense, the state may aggregate in the indictment or information amounts taken in thefts committed pursuant to one scheme or course of conduct, whether the amounts were taken from one or several persons.

Notes of Decisions
Cited in 73 cases (8 in the last 5 years), 1967–2024 · leading case: State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014).
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State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014). · cites it 10× “Title 13 Chapter 18 (“Theft”) (AR.S. §§ 13-1801 to - 1820). Accordingly, theft of means of transportation, like theft, is a lesser-included offense of armed robbery.”
State v. Schaefer, 790 P.2d 281 (Ariz. Ct. App. 1990). · cites it 12× “A.R.S. § 13-1801(A)(12) (emphasis added).”
In Re Adam P., 34 P.3d 398 (Ariz. Ct. App. 2001). · cites it 7× “Counsel argued that a golf cart was not a “vehicle” as defined by A.R.S. §§ 13-1801 and 13-105 and that it could not therefore be a “means of *291 transportation” pursuant to § 13-1814.”
State v. Godfrey, 666 P.2d 1080 (Ariz. Ct. App. 1983). · cites it 8× “Is A.R.S. § 13-1801, as applied to appellant in this case, unconstitutional? 3.”
State v. Dansdill, 443 P.3d 990 (Ariz. Ct. App. 2019). · cites it 5× “" See A.R.S. § 13-1801(13) (revised 1978). Our supreme court "has not yet considered whether the claim of right defense as enunciated in Bauer v.”
State of Arizona v. Bobby Ray Carter Jr, 469 P.3d 449 (Ariz. 2020). · cites it 3× “” A.R.S. § 13-1801(A)(4). 6 STATE V. CARTER Opinion of the Court withholding of property, theft under § 13-1802(A)(1) does not.”
State v. Brown, 64 P.3d 847 (Ariz. Ct. App. 2003). · cites it 4× “2000) (A.R.S. §§ 13-1801 and 13-1802 "are related statutes that constitute one law"); State v.”
State v. Eastlack, 883 P.2d 999 (Ariz. 1994). · cites it 3× “Jury Instructions On premeditation, the trial court instructed that [p]remeditation means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by a length of time to permit…”
State v. DiGiulio, 835 P.2d 488 (Ariz. Ct. App. 1992). · cites it 5× “§ 13-1801(A)(12) states in pertinent part: “Property of another” means property which any person other than the defendant has an interest which the defendant is not privileged to infringe,____ Although the definitions of § 13-1801 are explicitly applicable only to chapter 18…”
State v. Henry, 68 P.3d 455 (Ariz. Ct. App. 2003). · cites it 2× “¶ 16 Henry argues to the contrary, pointing out that § 13-2310 is mentioned numerous times in A.R.S. §§ 13-1801 through 13-1818, the theft chapter, and claiming theft offenses concern only the transfer of property.”
State of Arizona v. Robert Francisco Borquez, 307 P.3d 51 (Ariz. Ct. App. 2013). · cites it 2× “See § 13-1801(A)(8). It is sufficient that the material representation, to the victim or to a third-party, plays an instrumental role in the wrongful taking of propei’ty or services.”
State v. Wolter, 3 P.3d 1110 (Ariz. Ct. App. 2000). · cites it 8× “And on this record, the value of the property in April 1998 was not disputed; the only evidence of record concerning value at the time of purchase consists of defendant’s *193 undisputed testimony that he bought the motorcycle for $500 and a notation in the police report, based…”
Show all 73 citing cases →
— Ariz. Rev. Stat. § 13-1801(1) — 1 case
In re the Appeal in Maricopa Cnty. Juv. Action No. J-98065, 687 P.2d 412 (Ariz. Ct. App. 1984).
— Ariz. Rev. Stat. § 13-1801(12) — 2 cases
Est. of Kirschenbaum v. Kirschenbaum, 793 P.2d 1102 (Ariz. Ct. App. 1989).
Guzman-Maldonado v. Garland, 92 F.4th 1155 (9th Cir. 2024).
— Ariz. Rev. Stat. § 13-1801(13) — 2 cases
State v. Dansdill, 443 P.3d 990 (Ariz. Ct. App. 2019). “" See A.R.S. § 13-1801(13) (revised 1978). Our supreme court "has not yet considered whether the claim of right defense as enunciated in Bauer v.”
State v. Steiger, 781 P.2d 616 (Ariz. Ct. App. 1989).
— Ariz. Rev. Stat. § 13-1801(2) — 5 cases
Capson v. Superior Court of State of Ariz., Etc., 677 P.2d 276 (Ariz. 1984).
State v. Coleman, 711 P.2d 1251 (Ariz. Ct. App. 1985).
In re the Appeal in Maricopa Cnty. Juv. Action No. J-98065, 687 P.2d 412 (Ariz. Ct. App. 1984).
Capson v. Superior Court, 677 P.2d 276 (Ariz. 1984).
Kingdom Holdings, LLC v. Foss (D.S.D. 2024).
— Ariz. Rev. Stat. § 13-1801(3) — 3 cases
State v. Edgar, 613 P.2d 1262 (Ariz. 1980).
State v. Schneider, 715 P.2d 297 (Ariz. Ct. App. 1985).
State v. Ebner, 616 P.2d 30 (Ariz. 1980).
— Ariz. Rev. Stat. § 13-1801(5) — 1 case
State v. Brokaw, 658 P.2d 185 (Ariz. Ct. App. 1982).
— Ariz. Rev. Stat. § 13-1801(8) — 4 cases
State v. Godfrey, 666 P.2d 1080 (Ariz. Ct. App. 1983). “Is A.R.S. § 13-1801, as applied to appellant in this case, unconstitutional? 3.”
State v. Brokaw, 658 P.2d 185 (Ariz. Ct. App. 1982).
State v. Buchholz, 678 P.2d 488 (Ariz. Ct. App. 1983).
State v. Buchholz, 678 P.2d 488 (Ariz. Ct. App. 1983).
— Ariz. Rev. Stat. § 13-1801(A) — 1 case
State v. Gooch (Ariz. Ct. App. 2023).
— Ariz. Rev. Stat. § 13-1801(A)(1) — 1 case
State v. Chayrez (Ariz. Ct. App. 2021).
— Ariz. Rev. Stat. § 13-1801(A)(10) — 2 cases
State v. Morris, 435 P.3d 1060 (Ariz. Ct. App. 2019).
State v. Andersen, 531 P.3d 382 (Ariz. Ct. App. 2023).
— Ariz. Rev. Stat. § 13-1801(A)(12) — 7 cases
State v. Schaefer, 790 P.2d 281 (Ariz. Ct. App. 1990). “A.R.S. § 13-1801(A)(12) (emphasis added).”
State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014). “Title 13 Chapter 18 (“Theft”) (AR.S. §§ 13-1801 to - 1820). Accordingly, theft of means of transportation, like theft, is a lesser-included offense of armed robbery.”
State v. DiGiulio, 835 P.2d 488 (Ariz. Ct. App. 1992). “§ 13-1801(A)(12) states in pertinent part: “Property of another” means property which any person other than the defendant has an interest which the defendant is not privileged to infringe,____ Although the definitions of § 13-1801 are explicitly applicable only to chapter 18…”
State v. Hon kalauli/kroll, 414 P.3d 690 (Ariz. Ct. App. 2018).
Thomas v. State, 584 So. 2d 1022 (Fla. 1st DCA 1991).
— Ariz. Rev. Stat. § 13-1801(A)(13) — 2 cases
State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014). “Title 13 Chapter 18 (“Theft”) (AR.S. §§ 13-1801 to - 1820). Accordingly, theft of means of transportation, like theft, is a lesser-included offense of armed robbery.”
State v. Noriega (Ariz. Ct. App. 2019).
— Ariz. Rev. Stat. § 13-1801(A)(14) — 5 cases
State v. Rushing, 749 P.2d 910 (Ariz. 1988).
State v. Wolter, 3 P.3d 1110 (Ariz. Ct. App. 2000). “And on this record, the value of the property in April 1998 was not disputed; the only evidence of record concerning value at the time of purchase consists of defendant’s *193 undisputed testimony that he bought the motorcycle for $500 and a notation in the police report, based…”
State v. Brockell, 928 P.2d 650 (Ariz. Ct. App. 1996).
State v. Salazar, 774 P.2d 1360 (Ariz. Ct. App. 1989).
State v. Bonney, 701 P.2d 864 (Ariz. Ct. App. 1985).
— Ariz. Rev. Stat. § 13-1801(A)(15) — 2 cases
State v. Bennett (Ariz. Ct. App. 2016).
State v. Hawthorne (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1801(A)(2) — 3 cases
State v. DiGiulio, 835 P.2d 488 (Ariz. Ct. App. 1992). “§ 13-1801(A)(12) states in pertinent part: “Property of another” means property which any person other than the defendant has an interest which the defendant is not privileged to infringe,____ Although the definitions of § 13-1801 are explicitly applicable only to chapter 18…”
State v. Aro, 937 P.2d 711 (Ariz. Ct. App. 1997).
State v. Medina (Ariz. Ct. App. 2015).
— Ariz. Rev. Stat. § 13-1801(A)(4) — 9 cases
State of Arizona v. Bobby Ray Carter Jr, 469 P.3d 449 (Ariz. 2020). “” A.R.S. § 13-1801(A)(4). 6 STATE V. CARTER Opinion of the Court withholding of property, theft under § 13-1802(A)(1) does not.”
State v. Eastlack, 883 P.2d 999 (Ariz. 1994). “Jury Instructions On premeditation, the trial court instructed that [p]remeditation means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by a length of time to permit…”
State v. Kamai, 911 P.2d 626 (Ariz. Ct. App. 1995).
State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014). “Title 13 Chapter 18 (“Theft”) (AR.S. §§ 13-1801 to - 1820). Accordingly, theft of means of transportation, like theft, is a lesser-included offense of armed robbery.”
State v. Clough, 829 P.2d 1263 (Ariz. Ct. App. 1992).
— Ariz. Rev. Stat. § 13-1801(A)(8) — 3 cases
State of Arizona v. Robert Francisco Borquez, 307 P.3d 51 (Ariz. Ct. App. 2013). “See § 13-1801(A)(8). It is sufficient that the material representation, to the victim or to a third-party, plays an instrumental role in the wrongful taking of propei’ty or services.”
State v. Schneider, 715 P.2d 297 (Ariz. Ct. App. 1985).
State v. Salazar, 774 P.2d 1360 (Ariz. Ct. App. 1989).
— Ariz. Rev. Stat. § 13-1801(A)(9) — 7 cases
In Re Adam P., 34 P.3d 398 (Ariz. Ct. App. 2001). “Counsel argued that a golf cart was not a “vehicle” as defined by A.R.S. §§ 13-1801 and 13-105 and that it could not therefore be a “means of *291 transportation” pursuant to § 13-1814.”
State v. Garcia, 334 P.3d 1286 (Ariz. Ct. App. 2014). “Title 13 Chapter 18 (“Theft”) (AR.S. §§ 13-1801 to - 1820). Accordingly, theft of means of transportation, like theft, is a lesser-included offense of armed robbery.”
State v. STRECK, 211 P.3d 1290 (Ariz. Ct. App. 2009).
State v. Serrato (Ariz. Ct. App. 2024).
State of Arizona v. Orvie Rowland Streck (Ariz. Ct. App. 2009).
— Ariz. Rev. Stat. § 13-1801(B) — 2 cases
State v. Clough, 829 P.2d 1263 (Ariz. Ct. App. 1992).
Koons v. Shinn (D. Ariz. 2022).
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