A.R.S. tit. 13 ch. 23 — Arizona Revised Statutes Title 13 Chapter 23 — Organized Crime, Fraud And Terrorism

13-2301. Definitions A. For the purposes of sections 13-2302, 13-2303 and 13-2304: 1. "Collect an extension of credit" means to induce in any way any person to make repayment of that extension. 2. "Creditor" means any person making an extension of credit or any person claiming by, under or through any person making an extension of credit. 3. "Debtor" means any person to whom an extension of credit is made or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom an extension is made to repay the extension. 4. "Extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred. 5. "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor when the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person. 6. "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or the reputation or property of any person. 7. "Repayment of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit. B. For the purposes of section 13-2305, 13-2306 or 13-2307: 1. "Dealer in property" means a person who buys and sells property as a business. 2. "Stolen property" means property of another as defined in section 13-1801 that has been the subject of any unlawful taking. 3. "Traffic" means to sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of stolen property, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property to another person. C. For the purposes of this chapter: 1. "Animal activity" means a commercial enterprise that uses animals for food, clothing or fiber production, agriculture or biotechnology. 2. "Animal facility" means a building or premises where a commercial activity in which the use of animals is essential takes place, including a zoo, rodeo, circus, amusement park, hunting preserve and horse and dog event. 3. "Animal or ecological terrorism" means any felony in violation of section 13-2312, subsection B that involves at least three persons acting in concert, that involves the intentional or knowing infliction of property damage in an amount of more than $10,000 to the property that is used by a person for the operation of a lawfully conducted animal activity or to a commercial enterprise that is engaged in a lawfully operated animal facility or research facility and that involves either: (a) The use of a deadly weapon or dangerous instrument. (b) The intentional or knowing infliction of serious physical injury on a person engaged in a lawfully conducted animal activity or participating in a lawfully conducted animal facility or research facility. 4. "Biological agent" means any microorganism, virus, infectious substance or biological product that may be engineered through biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product and that is capable of causing any of the following: (a) Death, disease or physical injury in a human, animal, plant or other living organism. (b) The deterioration or contamination of air, food, water, equipment, supplies or material of any kind. 5. "Combination" means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though such persons may not know each other's identity, membership in the combination changes from time to time or one or more members may stand in a wholesaler-retailer or other arm's length relationship with others as to activities or dealings between or among themselves in an illicit operation. 6. "Communication service provider" has the same meaning prescribed in section 13-3001. 7. "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more provisions of any felony statute of this state. 8. "Explosive agent" means an explosive as defined in section 13-3101 and flammable fuels or fire accelerants in amounts over fifty gallons but excludes: (a) Fireworks as defined in section 36-1601. (b) Firearms. (c) A propellant actuated device or propellant actuated industrial tool. (d) A device that is commercially manufactured primarily for the purpose of illumination. (e) A rocket having a propellant charge of less than four ounces. 9. "Material support or resources" includes money or other financial securities, financial services, lodging, sustenance, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, disguises and other physical assets but does not include medical assistance, legal assistance or religious materials. 10. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by any of the following: (a) This state or a political subdivision as defined in section 38-502. (b) A public agency as defined in section 38-502. (c) The federal government. (d) A health care institution as defined in section 36-401. (e) A private educational institution. 11. "Research facility" means a laboratory, institution, medical care facility, government facility, public or private educational institution or nature preserve at which a scientific test, experiment or investigation involving the use of animals is lawfully carried out, conducted or attempted. 12. "Terrorism" means any felony, including any completed or preparatory offense, that involves the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to do any of the following: (a) Influence the policy or affect the conduct of this state or any of the political subdivisions, agencies or instrumentalities of this state. (b) Cause substantial damage to or substantial interruption of public communications, communication service providers, public transportation, common carriers, public utilities, public establishments or other public services. (c) Intimidate or coerce a civilian population. (d) Further the goals, desires, aims, public pronouncements, manifestos or political objectives of any terrorist organization. 13. "Terrorist organization" means any organization that is designated by the United States department of state as a foreign terrorist organization under section 219 of the immigration and nationality act (8 United States Code section 1189). 14. "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant molecule, whatever its origin or method of reproduction, including: (a) Any poisonous substance or biological product that may be engineered through biotechnology and that is produced by a living organism. (b) Any poisonous isomer or biological product, homolog or derivative of such a substance. 15. "Vector" means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, that is capable of carrying a biological agent or toxin to a host. 16. "Weapon of mass destruction" means: (a) Any device or object that is designed or that the person intends to use to cause multiple deaths or serious physical injuries through the use of an explosive agent or the release, dissemination or impact of a toxin, biological agent or poisonous chemical, or its precursor, or any vector. (b) Except as authorized and used in accordance with a license, registration or exemption by the department of health services pursuant to section 30-672, any device or object that is designed or that the person intends to use to release radiation or radioactivity at a level that is dangerous to human life. D. For the purposes of sections 13-2312, 13-2313, 13-2314 and 13-2315, unless the context otherwise requires: 1. "Control", in relation to an enterprise, means the possession of sufficient means to allow substantial direction over the affairs of an enterprise and, in relation to property, means to acquire or possess. 2. "Enterprise" means any corporation, partnership, association, labor union or other legal entity or any group of persons associated in fact although not a legal entity. 3. "Financial institution" means a banking or securities regulatory agency of the United States, a business coming within the definition of a bank, financial agency or financial institution as prescribed by 31 United States Code section 5312 or 31 Code of Federal Regulations section 1010.100 or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance and financial institutions. 4. "Racketeering" means any act, including any preparatory or completed offense, that is chargeable or indictable under the laws of the state or country in which the act occurred and, if the act occurred in a state or country other than this state, that would be chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by imprisonment for more than one year under the laws of this state and, if the act occurred in a state or country other than this state, under the laws of the state or country in which the act occurred, regardless of whether the act is charged or indicted, and the act involves either: (a) Terrorism, animal terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death. (b) Any of the following acts if committed for financial gain: (i) Homicide. (ii) Robbery. (iii) Kidnapping. (iv) Forgery. (v) Theft. (vi) Bribery. (vii) Gambling. (viii) Usury. (ix) Extortion. (x) Extortionate extensions of credit. (xi) Prohibited drugs, marijuana or other prohibited chemicals or substances. (xii) Trafficking in explosives, weapons or stolen property. (xiii) Participating in a criminal syndicate. (xiv) Obstructing or hindering criminal investigations or prosecutions. (xv) Asserting false claims, including false claims asserted through fraud or arson. (xvi) Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands. (xvii) Resale of realty with intent to defraud. (xviii) Intentional or reckless fraud in the purchase or sale of securities. (xix) Intentional or reckless sale of unregistered securities or real property securities. (xx) A scheme or artifice to defraud. (xxi) Obscenity. (xxii) Sexual exploitation of a minor. (xxiii) Prostitution. (xxiv) Restraint of trade or commerce in violation of section 34-252. (xxv) Terrorism. (xxvi) Money laundering. (xxvii) Obscene or indecent telephone communications to minors for commercial purposes. (xxviii) Counterfeiting marks as proscribed in section 44-1453. (xxix) Animal terrorism or ecological terrorism. (xxx) Smuggling of human beings. (xxxi) Child sex trafficking. (xxxii) Sex trafficking. (xxxiii) Trafficking of persons for forced labor or services. (xxxiv) Manufacturing, selling or distributing misbranded drugs in violation of section 13-3406, subsection A, paragraph 9. (xxxv) Holding an unauthorized racing meeting as proscribed in section 5-107.01. 5. "Records" means any book, paper, writing, computer program, data, image or information that is collected, recorded, preserved or maintained in any form of storage medium. 6. "Remedy racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering. E. For the purposes of sections 13-2316, 13-2316.01 and 13-2316.02: 1. "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or network. 2. "Access device" means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value. 3. "Computer" means an electronic device that performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network. 4. "Computer contaminant" means any set of computer instructions that is designed to modify, damage, destroy, record or transmit information within a computer, computer system or network without the intent or permission of the owner of the information, computer system or network. Computer contaminant includes a group of computer instructions, such as viruses or worms, that is self-replicating or self-propagating and that is designed to contaminate other computer programs or computer data, to consume computer resources, to modify, destroy, record or transmit data or in some other fashion to usurp the normal operation of the computer, computer system or network. 5. "Computer program" means a series of instructions or statements, in a form acceptable to a computer, that allow the functioning of a computer system in a manner designed to provide appropriate products from the computer system. 6. "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system. 7. "Computer system" means a set of related, connected or unconnected computer equipment, devices and software, including storage, media and peripheral devices. 8. "Critical infrastructure resource" means any computer or communications system or network that is involved in providing services necessary to ensure or protect the public health, safety or welfare, including services that are provided by any of the following: (a) Medical personnel and institutions. (b) Emergency services agencies. (c) Public and private utilities, including water, power, communications and transportation services. (d) Fire departments, districts or volunteer organizations. (e) Law enforcement agencies. (f) Financial institutions. (g) Public educational institutions. (h) Government agencies. 9. "False or fraudulent pretense" means the unauthorized use of an access device or the use of an access device to exceed authorized access. 10. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument as defined in section 13-2001 that is transferable for value. 11. "Network" includes a complex of interconnected computer or communication systems of any type. 12. "Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible. 13. "Proprietary or confidential computer security information" means information about a particular computer, computer system or network that relates to its access devices, security practices, methods and systems, architecture, communications facilities, encryption methods and system vulnerabilities and that is not made available to the public by its owner or operator. 14. "Services" includes computer time, data processing, storage functions and all types of communication functions. 13-2302. Making extortionate extensions of credit; classification A. Any person who makes an extortionate extension of credit is guilty of a class 5 felony. B. In any prosecution pursuant to this section, if it is shown that all of the following factors were present in connection with the extension of credit, there is prima facie evidence that the extension of credit was extortionate: 1. The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable at the time the extension of credit was made through civil judicial processes against the debtor in the county within which the debtor, if a natural person, resided or in every county within which the debtor, if other than a natural person, was incorporated, or qualified to do business. 2. The extension of credit was made at a rate of interest in excess of an annual rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. 3. At the time the extension of credit was made, the debtor reasonably believed that either of the following: (a) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment had been punished by extortionate means. (b) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof. 4. Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars. C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection B, paragraph 1 or 2, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. 13-2303. Financing extortionate extensions of credit A person who knowingly advances money or property, whether as a gift, loan, investment, pursuant to a partnership or profit sharing agreement or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced, directly or indirectly, for the purpose of making extortionate extensions of credit, is guilty of a class 2 felony. 13-2304. Collection of extensions of credit by extortionate means A. A person who knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extensions of credit or to punish any person for the nonrepayment thereof is guilty of a class 4 felony. B. In any prosecution pursuant to this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment was punished by extortionate means. C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence at the time the extension of credit in question was made of the circumstances described in section 13-2302, subsection B, paragraph 1 or 2, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection. 13-2305. Permissible inferences In an action for trafficking in stolen property: 1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an inference that the person in possession of the property was aware of the risk that it had been stolen or in some way participated in its theft. 2. Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen. 3. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen. 13-2306. Possession of altered property; classification A. A person who is a dealer in property and recklessly possesses property the permanent identifying features of which, including serial numbers or labels, have been removed or in any fashion altered is guilty of a class 6 felony. B. It is a defense to a prosecution under this section that a person has lawfully obtained a special serial number pursuant to section 28-2165 or lawfully possesses the usual indicia of ownership in addition to mere possession or has obtained the consent of the manufacturer of the property. 13-2307. Trafficking in stolen property; classification A. 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. B. 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. C. 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. 13-2308. Participating in or assisting a criminal syndicate; classification A. 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. B. 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. C. 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. D. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony. E. 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. F. Assisting a criminal syndicate is a class 4 felony. G. 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. 13-2308.01. Terrorism; classification A. It is unlawful for a person to intentionally or knowingly do any of the following: 1. Engage in an act of terrorism. 2. Organize, manage, direct, supervise or finance an act of terrorism. 3. Solicit, incite or induce others to promote or further an act of terrorism. 4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction. 5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism. 6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by: (a) Harboring or concealing any person or property. (b) Warning any person of impending discovery, apprehension, prosecution or conviction. This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law. (c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction. (d) Concealing or disguising the nature, location, source, ownership or control of material support or resources. (e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism. (f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism. (g) Concealing the identity of any person. 7. Provide advice, assistance or direction in the conduct, financing or management of a terrorist organization. B. A violation of this section is a class 2 felony. C. A person who is convicted of a violation of this section may be sentenced to imprisonment in the custody of the state department of corrections for life or natural life. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the defendant's natural life. A defendant who is sentenced to life is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 13-716 or section 31-233, subsection A or B until the completion of the service of twenty-five calendar years or the sentence is commuted. If the defendant is not sentenced to life or natural life, the defendant shall be sentenced to a term of imprisonment as follows: Minimum Presumptive Maximum 10 calendar years 16 calendar years 25 calendar years 13-2308.02. Making a terrorist threat; false reporting of terrorism; liability for expenses; classification; definitions A. It is unlawful for a person to threaten to commit an act of terrorism and communicate the threat to any other person. B. It is unlawful for a person to knowingly make a false report of an act of terrorism and communicate the false report to any other person. C. It is not a defense to a prosecution under this section that the person did not have the intent or capability of committing the act of terrorism. D. A person who is convicted of a violation of this section is liable for the expenses that are incurred incident to the response to or the investigation of the commission of the terrorist threat or the false report of terrorism. If the person is a juvenile who is adjudicated delinquent for a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution. The expenses are a debt of the person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The liability that is imposed under this subsection is in addition to any other liability that may be imposed. E. A violation of this section is a class 3 felony. F. For the purposes of this section: 1. "Expenses": (a) Means any reasonable costs that are directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate response to an incident or an investigation of the commission of the terrorist threat or a false report of terrorism. (b) Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. (c) Does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2. 2. "Public agency" has the same meaning prescribed in section 38-502 and includes the federal government, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state. 13-2308.03. Unlawful use of infectious biological substance or radiological agent; classification; definitions A. It is unlawful for a person to intentionally cause injury to another person by means of an infectious biological substance or a radiological agent. B. It is unlawful for a person to intentionally or knowingly do any of the following: 1. Possess, with the intent to injure another person, an infectious biological substance or a radiological agent. 2. Manufacture, sell, give, distribute or use an infectious biological substance or a radiological agent with the intent to injure another person. 3. Destroy or damage or attempt to destroy or damage any facility, equipment or material involved in the sale, manufacture, storage or distribution of an infectious biological substance or a radiological agent with the intent to injure another by the release of the substance or agent. 4. Give or send to another person or place in a public or private place a simulated infectious biological substance or a radiological agent with the intent to terrify, intimidate, threaten or harass. The placing or sending of a simulated infectious biological substance or radiological agent without written notice attached to the substance or agent in a conspicuous place that the substance or agent has been rendered inert and is possessed for a curio or relic collection, display or other similar purpose is prima facie evidence of an intent to terrify, intimidate, threaten or harass. 5. Transport any radiological isotope or agent for the purpose of committing another act in violation of this section. 6. Adulterate or misbrand any radiological isotope. 7. Manufacture, hold, sell or offer to sell any radiological isotope that is adulterated or misbranded. 8. Alter, mutilate, destroy, obliterate or remove any part of the labeling of a radiological isotope. 9. Engage in any other act with respect to a radiological isotope if the act is done when the article is possessed, transferred, transported or held for sale and results in the article being adulterated or misbranded. C. The possession of an infectious biological substance or a radiological agent, unless satisfactorily explained, may give rise to an inference that the person who is in possession of the substance or agent is aware of the risk that the substance or agent may be used to commit an act in violation of this section. D. This section does not apply to any person who is permitted or licensed pursuant to title 30, chapter 4 and 10 Code of Federal Regulations part 30, a member or employee of the armed forces of the United States, a federal or state governmental agency or any political subdivision of a state, a charitable, scientific or educational institution or a private entity if both of the following apply: 1. The person is engaged in lawful activity within the scope of the person's employment and the person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, use, exercise control over or make accessible to others any weapon of mass destruction, infectious biological substance or radiological agent or to otherwise engage in any activity described in this paragraph. 2. The person is in compliance with all applicable federal and state laws in doing so. E. A violation of this section is a class 2 felony. A person who is convicted of a violation of subsection A or subsection B, paragraph 1 or 2 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court or the sentence is commuted. F. For the purposes of this section: 1. "Infectious biological substance": (a) Includes any bacteria, virus, fungus, protozoa, prion, toxin or material found in nature that is capable of causing death or serious physical injury. (b) Does not include human immunodeficiency virus, syphilis or hepatitis. 2. "Radiological agent" includes any substance that is able to release radiation at levels that are capable of causing death or serious bodily injury or at any level if used with the intent to terrify, intimidate, threaten or harass. 13-2309. Bribery of participants in professional or amateur games, sports, horse races, dog races, contests; classification Whoever knowingly gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis, horse race, dog race or basketball player or boxer or any player or referee or other official who participates or expects to participate in any professional or amateur game or sport, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any benefit with intent to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory or defeat, or in the case of a referee or other official to affect his decisions or the performance of his duties in any way, in a baseball, football, hockey or basketball game, boxing, tennis, horse race, dog race, or polo match, or any professional or amateur sport, or game, in which such player or participant or referee or other official is taking part or expects to take part, or has any duty or connection therewith, is guilty of a class 4 felony. 13-2310. Fraudulent schemes and artifices; classification; definition A. 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. B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section. C. 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 or the manufacture, sale or marketing of opioids 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. D. This state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment. E. For the purposes of this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive a person of the intangible right of honest services. 13-2311. Fraudulent schemes and practices; wilful concealment; classification A. Notwithstanding any provision of the law to the contrary, in any matter related to the business conducted by any department or agency of this state or any political subdivision thereof, any person who, pursuant to a scheme or artifice to defraud or deceive, knowingly falsifies, conceals or covers up a material fact by any trick, scheme or device or makes or uses any false writing or document knowing such writing or document contains any false, fictitious or fraudulent statement or entry is guilty of a class 5 felony. B. For the purposes of this section, "agency" includes a public agency as defined by section 38-502, paragraph 6. 13-2312. Illegal control of an enterprise; illegally conducting an enterprise; classification A. 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. B. 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. C. A person violates this section if the person hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section. D. A knowing violation of subsection A or B is a class 3 felony. A knowing violation of subsection C is a class 2 felony and the person 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. 13-2313. Judicial powers over racketeering criminal cases During the pendency of any criminal case charging an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, the superior court may, in addition to its other powers, issue an order pursuant to section 13-2314, subsections B and C. Upon conviction of a person for an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, the superior court may, in addition to its other powers of disposition, issue an order pursuant to section 13-2314. 13-2314. Racketeering; civil remedies by this state; definitions A. The attorney general or a county attorney may file an action in superior court on behalf of a person who sustains injury to his person, business or property by racketeering as defined by section 13-2301, subsection D, paragraph 4 or by a violation of section 13-2312 for the recovery of treble damages and the costs of the suit, including reasonable attorney fees, or to prevent, restrain or remedy racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312. If the person against whom a racketeering claim has been asserted, including a forfeiture action or lien, prevails on that claim, the person may be awarded costs and reasonable attorney fees incurred in defense of that claim. In actions filed by the state or a county, awards of costs and reasonable attorney fees are to be assessed against and paid from monies acquired pursuant to sections 13-2314.01 and 13-2314.03. B. The superior court has jurisdiction to prevent, restrain and remedy racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312 after making provision for the rights of any person who sustained injury to his person, business or property by the racketeering conduct and after a hearing or trial, as appropriate, by issuing appropriate orders. C. Before a determination of liability the orders may include issuing seizure warrants, entering findings of probable cause for in personam or in rem forfeiture, entering restraining orders or prohibitions or taking other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the enforcement of constructive trusts, in connection with any property or other interest subject to forfeiture, damages or other remedies or restraints pursuant to this section as the court deems proper. D. Following a determination of liability the orders may include: 1. Ordering any person to divest himself of any interest, direct or indirect, in any enterprise. 2. Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the constitutions of the United States and this state allow. 3. Ordering dissolution or reorganization of any enterprise. 4. Ordering the payment of treble damages to those persons injured by racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312. 5. Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, civil and criminal, including reasonable attorney fees, to be paid to the general fund of the state or the county that brings the action. 6. In personam forfeiture pursuant to chapter 39 of this title to the general fund of the state or county, as appropriate, to the extent that forfeiture is not inconsistent with protecting the rights of any person who sustained injury to his person, business or property by the racketeering conduct, of the interest of a person in: (a) Any property or interest in property acquired or maintained by the person in violation of section 13-2312. (b) Any interest in, security of, claims against or property, office, title, license or contractual right of any kind affording a source of influence over any enterprise or other property that the person has acquired or maintained an interest in or control of, conducted or participated in the conduct of in violation of section 13-2312. (c) All proceeds traceable to an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 and held by the person and all monies, negotiable instruments, securities and other property used or intended to be used by the person in any manner or part to facilitate commission of the offense and that the person either owned or controlled for the purpose of that use. (d) Any other property up to the value of the subject property described in subdivision (a), (b) or (c) of this paragraph. 7. Payment to the general fund of the state or county as appropriate of an amount equal to the gain that was acquired or maintained through an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312 or that any person is liable for under this section. E. A person who is liable for conduct described in subsection D, paragraph 6, subdivision (a), (b) or (c) of this section is liable for the total value of all interests in property described in those subdivisions. The court shall enter an order of forfeiture against the person in the amount of the total value of all those interests less the value of any interests that are forfeited before or at the time of the entry of the final judgment. F. A person or enterprise that acquires any property through an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or through a violation of section 13-2312 is an involuntary trustee. The involuntary trustee and any other person or enterprise, except a bona fide purchaser for value who is reasonably without notice of the unlawful conduct and who is not knowingly taking part in an illegal transaction, hold the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies under this section. G. A defendant convicted in any criminal proceeding shall be precluded from subsequently denying the essential allegations of the criminal offense of which he was convicted in any civil proceeding. For the purposes of this subsection, a conviction may result from a verdict or plea including a no contest plea. H. Notwithstanding any law creating a lesser period, the initiation of civil proceedings related to violations of any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, including procedures pursuant to chapter 39 of this title, shall be commenced within seven years after actual discovery of the violation. I. In any civil action brought pursuant to this section, the attorney general or a county attorney may file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the chief judge or presiding chief judge of the superior court in the county in which the action is pending, and, on receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign the action for hearing, participate in the hearings and determination and cause the action to be expedited. J. The standard of proof in actions brought pursuant to this section is the preponderance of the evidence test, except that the standard of proof for an order under subsection D, paragraph 6 of this section is the standard of proof that is applicable for an in personam forfeiture as set forth in chapter 39 of this title. K. The attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted, including proceedings pursuant to chapter 39 of this title, or in which the court is interpreting this chapter or chapter 39 of this title. A party who files a notice of appeal from a civil action brought under this chapter or chapter 39 of this title shall serve the notice and one copy of the appellant's brief on the attorney general at the time the person files the appellant's brief with the court. This requirement is jurisdictional. L. For the purposes of this section and section 13-2312: 1. "Acquire" means for a person to do any of the following: (a) Possess. (b) Act so as to exclude other persons from using their property except on his own terms. (c) Bring about or receive the transfer of any interest in property, whether to himself or to another person, or to secure performance of a service. 2. "Gain" means any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason. 3. "Proceeds" includes any interest in property of any kind acquired through or caused by an act or omission, or derived from the act or omission, directly or indirectly, and any fruits of this interest, in whatever form. 13-2314.01. Anti-racketeering revolving fund; use of monies; reports; audit A. The anti-racketeering revolving fund is established. The attorney general shall administer the fund only under the conditions and for the purposes provided by this section. Monies in the fund are exempt from the lapsing provisions of section 35-190 and may not be transferred to the state general fund. B. Any prosecution and investigation costs, including attorney fees, that are recovered for the state by the attorney general as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section. C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by this section or, if the recipient is a political subdivision of this state, may be deposited in the fund established pursuant to section 13-2314.03. D. Any monies obtained as a result of a forfeiture by any department or agency of this state under this title or under federal law shall be deposited in the fund established by this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government may be deposited in the fund established by this section. Monies deposited in the fund pursuant to this section or section 13-4315 shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution. E. Except as provided in subsections H and I of this section, the monies and interest shall be distributed within thirty days after application to the agency or agencies responsible for the seizure or forfeiture. The agency or agencies applying for monies must submit an application in writing to the attorney general that includes a description of what the requested monies will be used for. The attorney general may deny an application that requests monies for a purpose that is not authorized by this section, section 13-4315 or federal law. Monies in the fund used by the attorney general for capital projects in excess of $1,000,000 are subject to review by the joint committee on capital review. F. Monies in the fund may be used for the following: 1. Funding gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13-2301 and witness protection pursuant to section 41-196 or for any purpose permitted by federal law relating to disposing of any property that is transferred to a law enforcement agency. 2. Investigating and prosecuting any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, including civil enforcement. 3. Paying the relocation expenses of any law enforcement officer and the officer's immediate family if the law enforcement officer is the victim of a bona fide threat that occurred because of the law enforcement officer's duties. 4. Paying the costs of the reports, audits and application approvals that are required by this section. G. Notwithstanding subsection F of this section, beginning from and after August 27, 2027, the attorney general may not use monies from the fund to pay salaries for full-time equivalent positions in the attorney general's office. H. On or before January 28, April 28, July 28 and October 28 of each year, each department or agency of this state receiving monies pursuant to this section or section 13-2314.03 or 13-4315 or from any department or agency of the United States or another state as a result of participation in any investigation or prosecution shall file with the attorney general, the board of supervisors if the sheriff received the monies and the city or town council if the city's or town's department received the monies a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsection L of this section. The report shall not include any identifying information about specific investigations. If a department or agency of this state fails to file a report within forty-five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the department or agency until the report is filed. The attorney general is responsible for collecting all reports from departments and agencies of this state and transmitting the reports to the Arizona criminal justice commission at the time that the report required pursuant to subsection I of this section is submitted. I. On or before February 21, May 21, August 21 and November 21 of each year, the attorney general shall file with the Arizona criminal justice commission a report for the previous calendar quarter. The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsections K and L of this section. The report shall not include any identifying information about specific investigations. If the attorney general fails to file a report within sixty days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the attorney general until the report is filed. If a political subdivision of this state fails to file a report with the county attorney pursuant to section 13-2314.03 within forty-five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the attorney general shall make no expenditures from the fund for the benefit of the political subdivision until the report is filed. J. On or before the last day of February, May, August and November of each year, the Arizona criminal justice commission shall compile the attorney general report and the reports of all departments and agencies of this state into a single comprehensive report for the previous calendar quarter and shall submit an electronic copy of the report to the governor, the director of the department of administration, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state. K. The report that is required by subsection I of this section must include all of the following information if monies were obtained as a result of a forfeiture: 1. The name of the law enforcement agency that seized the property. 2. The date of the seizure for forfeiture. 3. The type of property seized and a description of the property seized, including, if applicable, the make, the model and the serial number of the property. 4. The location of the original seizure by law enforcement. 5. The estimated value of the property seized for forfeiture, not excluding encumbrances. 6. The criminal statute that allowed the seizure for forfeiture. 7. The criminal statute charged in the criminal case that is related to the forfeiture case. 8. The court case number of the criminal case that is related to the forfeiture case. 9. The outcome of the criminal case that is related to the forfeiture case. 10. If the property was seized by a state agency and submitted for state forfeiture proceedings but was transferred to federal authorities for forfeiture proceedings, the reason for the federal transfer. 11. The forfeiture case number. 12. The method of forfeiture proceeding, including whether it was criminal or civil, and if civil, whether a claim was filed by an owner or interest holder. 13. The venue of the forfeiture action. 14. Whether a person or entity filed a claim or counterclaim or submitted a petition asserting an interest in the property as an owner, interest holder or injured person. 15. Whether the owner, interest holder or injured person was assisted by an attorney in the forfeiture case. 16. The date of the forfeiture decision. 17. Whether there was a forfeiture settlement agreement. 18. Whether the property was awarded or partially awarded to the owner, partial owner or injured person or if the property was forfeited to the state. 19. Whether the property was sold, destroyed or retained by law enforcement. 20. The earliest date that the property was disposed of or sent for disposition. 21. The net amount of monies and proceeds received from the forfeiture. 22. The estimated administrative and storage costs and any other costs, including any costs of litigation. 23. The amount of attorney fees, costs, expenses and damages awarded and to whom the fees, costs, expenses or damages were awarded. L. The reports that are required by subsections H and I of this section must include the following information with regard to all expenditures made from the fund for: 1. Crime, gang and substance abuse prevention programs. 2. Any injured person as defined in section 13-4301. 3. Witness protection. 4. Investigation costs, including informant fees and buy money. 5. Regular-time salaries, overtime pay and employee benefits of prosecutors. 6. Regular-time salaries, overtime pay and employee benefits of sworn law enforcement agency personnel other than prosecutors. 7. Regular-time salaries, overtime pay and employee benefits of unsworn law enforcement agency personnel other than prosecutors. 8. Professional or outside services, including services related to auditing, outside attorney fees, court reporting, expert witnesses and other court costs. 9. Travel and meals. 10. Training. 11. Conferences. 12. Vehicles purchased or leased. 13. Vehicle maintenance. 14. Canines, firearms and related equipment, including tactical gear. 15. Other capital expenditures, including furniture, computers and office equipment. 16. External publications and communications. 17. Other operating expenses, including office supplies, postage and printing. Expenses listed under this paragraph must be separately categorized. M. Beginning in 2018 and every other year thereafter, the auditor general shall conduct a performance audit, as defined in section 41-1278, and a financial audit of the attorney general's use of monies in the fund. The audits must include all expenditures that were made by the attorney general's office from the fund for the previous two years. The auditor general shall submit copies of the performance and financial audits to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate judiciary committee and the house of representatives judiciary and public safety committee, or their successor committees. The attorney general shall pay any fees and costs of the audits under this section from the fund. 13-2314.02. Racketee