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SHELL & NERMYR PLLC
90 South Kyrene Rd., Suite 1
Chandler, Arizona 85226
Tel: 602-745-1211
Tel: 480-775-4800
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Theft


Aggravated Robbery

13-1903. Aggravated robbery; classification

  1. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.
  2. Aggravated robbery is a class 3 felony.

Aggravated Taking the Identity of Another

13-2009. Aggravated taking identity of another person or entity; classification

  1. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either:
    1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons’ or entities’ identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss.
    2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose and causes another person or entity to suffer an economic loss of three thousand dollars or more.
    3. Another person, including a real or fictitious person, with the intent to obtain employment.
  2. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose.
  3. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
  4. Aggravated taking the identity of another person or entity is a class 3 felony.

Armed Robbery

Armed robbery requires proof of the following two things:

  1. A person committed a robbery; and
  2. A person or an accomplice was armed with a deadly weapon simulated deadly weapon firearm or used or threatened to use a deadly weapon simulated deadly weapon dangerous instrument.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with armed robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with armed robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state "I want to remain silent" or "I do not want to answer any questions". The best thing to say is "I want my lawyer present before I answer any questions".

If a person is convicted of armed robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with armed robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for armed robbery in Arizona is Arizona Revised Statute 13-1904

13-1904. Armed robbery; classification

  1. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice:
    1. Is armed with a deadly weapon or a simulated deadly weapon; or
    2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
  2. Armed robbery is a class 2 felony.

Conducting an Illegal Enterprise

13-2312. Illegal control of an enterprise; illegally conducting an enterprise; classification

  1. A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.
  2. A person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise’s affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering.
  3. A person violates this section if he hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section.
  4. A knowing violation of subsection A or B of this section is a class 3 felony. A knowing violation of subsection C of this section is a class 2 felony and section 13-709.02, subsection B applies to the sentence imposed.

Forgery of Credit Card

13-2104. Forgery of credit card; classification

  1. A person commits forgery of a credit card if the person:
    1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or
    2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.
  2. Forgery of a credit card is a class 4 felony.

Forgery

Forgery requires proof of the following two things:
  1. The defendant knowingly offered or presented a artifice which had been falsely made, completed, or altered contained false infor≠mation; and
  2. The defendant offered or presented it with the intent to defraud.
It is not necessary to the crime of forgery that the offer be accepted

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with forgery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with forgery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state "I want to remain silent" or "I do not want to answer any questions". The best thing to say is "I want my lawyer present before I answer any questions".

If a person is convicted of forgery that person is facing a prison sentence. That prison sentence ranges from 1-4 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with forgery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for forgery in Arizona is Arizona Revised Statute 13-1904

13-2002. Forgery; classification
    1. A person commits forgery if, with intent to defraud, the person:
      1. Falsely makes, completes or alters a written instrument; or
      2. Knowingly possesses a forged instrument; or
      3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
    2. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
    3. Forgery is a class 4 felony.

    Fraud Schemes

    13-2310. Fraudulent schemes and artifices; classification; definition

    1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
    2. Reliance on the part of any person shall not be a necessary elemevalue of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.

    Money Laundering

    13-2317. Money laundering; classification; definitions

    1. A person is guilty of money laundering in the first degree if the person does any of the following:
      1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of subsection B of this section.
      2. Violates subsection B of this section in the course of or for the purpose of facilitating terrorism or murder.
    2. A person is guilty of money laundering in the second degree if the person does any of the following:
      1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense
      2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.
      3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering.
      4. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.
      5. Intentionally or knowingly evades or attempts to evade any reporting requirement under section 6-1241, whether by structuring transactions as described in 31 Code of Federal Regulations part 103, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means.
      6. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:
        1. Fail to file any report or record that is required under section 6-1241.
        2. File such a report or record that contains a material omission or misstatement of fact.
      7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.
      8. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.
      9. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by section 6-1241.
      10. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.
      11. A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following:
        1. In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12.
        2. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.
      12. In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of one hundred thousand dollars or more in any twelve month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve month period.
      13. Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.
      14. For the purposes of this section:
        1. The following terms have the same meaning prescribed in section 6-1201:
          1. "Authorized delegate".
          2. "Licensee".
          3. "Money accumulation business".
          4. "Money transmitter".
          5. "Trade or business".
          6. "Transmitting money".
        2. The following terms have the same meaning prescribed in section 13-2001:
          1. "Falsely alters a written instrument".
          2. "Falsely completes a written instrument".
          3. "Falsely makes a written instrument".
          4. "Forged instrument".
          5. "Personal identifying information".
          6. "Written instrument".
        3. The following terms have the same meaning prescribed in section 13-2301:
          1. (a)"Financial institution".
          2. "Financial instrument".
          3. "Racketeering", except that for the purposes of civil remedies sought by the attorney general, racketeering includes any act, regardless of whether the act would be chargeable or indictable under the laws of this state or whether the act is charged or indicted, that is committed for financial gain, punishable by imprisonment for more than one year under the laws of the United States and described in section 274(a)(1)(A)(i), (ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the conduct acquire a total of more than five thousand dollars through the conduct in a one month period. For the purpose of forfeiture of property other than real property, the conduct must involve more than three aliens in a one month period. For the purpose of forfeiture of real property, the conduct must involve more than fifteen aliens in a one month period.
          4. The following terms have the same meaning prescribed in section 13-2314:
            1. "Acquire".
            2. "Proceeds".
          5. For the purposes of this section:
            1. "Offense" has the same meaning prescribed in section 13-105 and includes conduct for which a sentence to a term of incarceration is provided by any law of the United States.
            2. "Superintendent" has the same meaning prescribed in section 6-101.
            3. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or nt of the offense described in subsection A of this section.
            4. A person who is convicted of a violation of this section that involved a benefit 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.
            5. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
            6. As used in this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive a person of the intangible right of honest services.

            Fraudulent Schemes and Practices

            Fraudulent schemes and practices requires proof of the following:
            1. Pursuant to a scheme or artifice to defraud or deceive, A person(s) knowingly falsified concealed covered up a material fact by a trick scheme device; or The person(s) made used a writing document containing any false fictitious fraudulent statement entry; and
            2. Personís acts resulted in another’s loss.

            The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

            It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state "I want to remain silent" or "I do not want to answer any questions". The best thing to say is "I want my lawyer present before I answer any questions".

            If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 3-12 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

            If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

            The law for fraud schemes in Arizona is Arizona Revised Statute 13-1902

            13-2310. Fraudulent schemes and artifices

            1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
            2. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
            3. A person who is convicted of a violation of this section that involved a benefit 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.
            4. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment. E. As used in this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive a person of the intangible right of honest services.

            5. Fraudulent Use of a Credit Card

              13-2105. Fraudulent use of a credit card; classification

              1. A person commits fraudulent use of a credit card if the person:
                1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or
                2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.
              2. Fraudulent use of a credit card is a class 1 misdemeanor. If the any other acquisition or disposition of property by whatever means.

      Participating in a Criminal Syndicate

      13-2308. Participating in or assisting a criminal syndicate; classification

      1. A person commits participating in a criminal syndicate by:
        1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or
        2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or
        3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or
        4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
        5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
      2. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.
      3. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.
      4. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.
      5. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.
      6. Assisting a criminal syndicate is a class 4 felony.
      7. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.

      Perjury

      13-2702. Perjury; classification

      1. A person commits perjury by making either:
        1. A false sworn statement in regard to a material issue, believing it to be false.
        2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false.
      2. Perjury is a class 4 felony.

      Possession of Burglary Tools

      13-1505. Possession of burglary tools; master key; manipulation key; classification

      1. A person commits possession of burglary tools by:
        1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
        2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
      2. Subsection A, paragraph 2 of this section does not apply to a person who either:
        1. Uses a master key in the course of the person’s lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
        2. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
      3. Possession of burglary tools is a class 6 felony.

      Promoting Prison Contraband

      13-2505. Promoting prison contraband; classifications; exceptions; x-radiation

      1. A person, not otherwise authorized by law, commits promoting prison contraband:
        1. By knowingly taking contraband into a correctional facility or the grounds of such facility; or
        2. By knowingly conveying contraband to any person confined in a correctional facility; or
        3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.
      2. Any person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report such violation or attempted violation to the official in charge of the facility or to a peace officer.
      3. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.
      4. Notwithstanding any law to the contrary, any person convicted of a violation of this section shall be prohibited from employment by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.
      5. This section does not apply to any of the following:
        1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.
      6. Contraband located at the place where a person is on home arrest.
      7. The state department of corrections may request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband as defined in section 13-2501.

      Robbery

      Robbery requires proof of the following four things:

      1. A person took another person’s property; and
      2. The taking was from the other person’s person or immediate presence; and
      3. The taking was against the other person's will; and
      4. The person threatened or used force against any person with the intent to coerce surrender of the property or to prevent resistance to taking or keeping the property.

      The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

      It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state "I want to remain silent" or "I do not want to answer any questions". The best thing to say is "I want my lawyer present before I answer any questions".

      If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

      If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

      The law for robbery in Arizona is Arizona Revised Statute 13-1902

      13-1902. Robbery; classification

      1. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
      2. Robbery is a class 4 felony.

      Smuggling

      13-2319. Smuggling; classification; definitions

      1. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
      2. A violation of this section is a class 4 felony.
      3. Notwithstanding subsection B, a violation of this section is a class 2 felony if the human being smuggled is under eighteen years of age and not accompanied by a family member over the age of eighteen. Chapter 10 of this title does not apply to a violation of this subsection.
      4. For the purposes of this section:
        1. "Family member" means the person’s parent, grandparent, sibling or any other person related to the person by consanguinity or affinity to the second degree.
        2. "Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state.

        Taking the Identity of Another

        13-2008. Taking identity of another person or entity; knowingly accepting identity of another person; classification

        1. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.
        2. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following:
          1. Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information.
          2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a.
        3. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred.
        4. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.
        5. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
        6. Taking the identity of another person or entity or knowingly accepting the identity of another person is a class 4 felony.

        Trafficking in Stolen Property

        13-2307. Trafficking in stolen property; classification

        1. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree.
        2. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree.
        3. Trafficking in stolen property in the second degree is a class 3 felony. Trafficking in stolen property in the first degree is a class 2 felony.

        Theft By Control With Intent To Deprive

        The crime of theft requires proof of the following two things:
        1. The defendant knowingly controlled another per≠son’s property; and
        2. The defendant intended to deprive the other person of the property.


        13-1802. Theft; classification

        1. 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.
        2. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property.
        3. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.
        4. 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.
        5. 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 a dog taken for the purpose of dog fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.
        6. 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.


        Trafficking in the Identity of Another Person

        13-2010. Trafficking in the identity of another person or entity; classification

        1. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
        2. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
        3. Trafficking in the identity of another person or entity is a class 2 felony.

        Unlawful Use of Transportation

        13-1803. Unlawful use of means of transportation; classification

        1. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either:
          1. Knowingly takes unauthorized control over another person’s means of transportation.
          2. Knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person pursuant to paragraph 1 or section 13-1814.
        2. A violation of subsection A, paragraph 1 of this section is a class 5 felony.
        3. A violation of subsection A, paragraph 2 of this section is a class 6 felony.

        Use of a Wire in a Drug Transaction

        13-3417. Use of wire communication or electronic communication in drug related transactions; classification
          1. It is unlawful for a person to use any wire communication or electronic communication as defined in section 13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title.
          2. Any offense committed by use of a wire communication or electronic communication as set forth in this section is deemed to have been committed at the place where the transmission or transmissions originated or at the place where the transmission or transmissions were received.
          3. A person who violates this section is guilty of a class 4 felony except if the felony facilitated carries a class 5 or 6 designation in which case a violation of this section shall carry the same classification as the felony facilitated.

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