Understanding the Crime of Illegal Control of an Enterprise in Arizona

The crime of illegally controlling an enterprise is a serious offense in Arizona. This guide provides a basic overview of the key aspects of this crime.

What is the Crime of Illegally Controlling an Enterprise?

In Arizona, the crime of illegally controlling an enterprise is defined in Arizona Revised Statute 13-2312. This law makes it a crime for a person to directly or indirectly exercise unauthorized control over an enterprise, with the intent to deprive the owner of the enterprise of the use, benefit, or value of the enterprise.

Elements of the Crime

For the prosecution to prove the crime of illegally controlling an enterprise, they must show that the defendant directly or indirectly exercised unauthorized control over an enterprise, and that they did so with the intent to deprive the owner of the use, benefit, or value of the enterprise. The prosecution must also prove that the enterprise involved was a business or commercial venture.

Penalties

The penalties for a conviction of illegally controlling an enterprise depend on the specific circumstances of the case. Generally, the crime is a class 4 felony, which carries a potential sentence of 1.5 years to 3 years in prison, up to a $15,000 fine, or both.

Defenses

There may be various defenses available to someone accused of illegally controlling an enterprise, depending on the specific facts of the case. For example, the defendant may be able to show that they had the owner's permission or authorization to exercise control over the enterprise, or that they did not have the requisite intent to deprive the owner of the use, benefit, or value of the enterprise.