Sec 13-1804. Theft by extortion; classification

A. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:

1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to anyone.

2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.

3. Cause damage to property.

4. Engage in other conduct constituting an offense.

5. Accuse anyone of a crime or bring criminal charges against anyone.

6. Expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business.

7. Take or withhold action as a public servant or cause a public servant to take or withhold action.

8. Cause anyone to part with any property.

9. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur:

(a) The claimant's property interest is the result of a tax lien purchase or foreclosure pursuant to title 42, chapter 18.

(b) The fair market value of the claimant's property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure. For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.

B. It is an affirmative defense to a prosecution under subsection A, paragraph 5, 6 or 7 that the property obtained by threat of the accusation, exposure, lawsuit or other invocation of official action was lawfully claimed either as:

1. Restitution or indemnification for harm done under circumstances to which the accusation, exposure, lawsuit or other official action relates.

2. Compensation for property that was lawfully obtained or for lawful services.

C. Theft by extortion as defined in subsection A, paragraph 1 is a class 2 felony. Otherwise, theft by extortion is a class 4 felony.