ARS Burglary and Theft of Means of Transportation in Arizona

Arizona law treats burglary and theft of a vehicle as separate criminal offenses, with different requirements depending on the circumstances. Burglary generally involves unlawfully entering or remaining in a structure or certain enclosed areas with the intent to commit a theft or felony. Theft of means of transportation involves unlawfully controlling or obtaining another person's vehicle or other qualifying means of transportation.

Understanding the distinctions between these offenses can help explain how Arizona criminal law approaches property-related allegations.

What Is ARS Burglary?

ARS Burglary refers to several offenses contained in Arizona's criminal code. Arizona divides burglary into three degrees: first-degree, second-degree, and third-degree burglary.

The degree generally depends on the type of location involved, the alleged intent, and whether a deadly weapon, dangerous instrument, or explosive was knowingly possessed during the offense.

Third-Degree Burglary

Under A.R.S. § 13-1506, a person commits burglary in the third degree by unlawfully entering or remaining in a nonresidential structure or a fenced commercial or residential yard with the intent to commit a theft or felony.

The statute also covers entering part of a motor vehicle using a manipulation key or master key with the intent to commit a theft or felony inside the vehicle.

Third-degree burglary is classified as a Class 4 felony.

Second-Degree Burglary

A.R.S. § 13-1507 addresses burglary in the second degree. This offense involves unlawfully entering or remaining in a residential structure with the intent to commit a theft or felony.

Second-degree burglary is a Class 3 felony under Arizona law.

First-Degree Burglary

First-degree burglary involves conduct that would otherwise constitute first- or second-degree burglary, combined with knowingly possessing explosives, a deadly weapon, or a dangerous instrument while committing the theft or felony.

Under A.R.S. § 13-1508, first-degree burglary involving a nonresidential structure or a fenced commercial or residential yard is a Class 3 felony. When committed in a residential structure, it is a Class 2 felony.

What Is Theft of Means of Transportation?

Arizona separately addresses ARS theft of means of transportation under A.R.S. § 13-1814.

A person may commit this offense when, without lawful authority, they knowingly control another person's means of transportation with the intent to permanently deprive the owner of it.

The statute also covers other circumstances, including unauthorized use of a vehicle that was entrusted to the person for a limited purpose, obtaining a vehicle through material misrepresentation with an intent to permanently deprive the owner, and controlling a vehicle known or reasonably believed to be stolen.

The offense is classified as a Class 3 felony.

How Is Vehicle Theft Different From Burglary?

Although the offenses can occur during the same incident, they involve different legal elements.

Burglary generally focuses on unlawful entry or remaining in a structure or qualifying enclosed area with an intent to commit a theft or felony. Theft of means of transportation focuses on the unlawful control, conversion, acquisition, or possession of another person's vehicle or other qualifying means of transportation.

For example, unlawfully entering a building with the intent to steal property may potentially raise a burglary issue. Taking someone's vehicle without lawful authority may potentially constitute theft of means of transportation.

The exact charges depend on the facts and evidence involved.

Can Burglary and Vehicle Theft Be Charged Together?

Potentially. A single incident can involve multiple alleged offenses when the facts satisfy the elements of separate Arizona statutes.

For example, an allegation involving unlawful entry into a structure followed by the taking of a vehicle could raise separate questions concerning burglary and theft of means of transportation.

The fact that multiple offenses arise from the same incident does not mean they have identical legal requirements. Each charge must be evaluated under the applicable statute.

What Evidence May Be Relevant?

Evidence in burglary or vehicle-theft cases can vary considerably. Depending on the circumstances, an investigation may involve:

• Surveillance footage

• Witness statements

• Vehicle records

• Fingerprints or other physical evidence

• Digital or electronic records

• Ownership documents

• Text messages or other communications

• Statements made during an investigation

• Evidence concerning possession or control of the vehicle

The relevance and admissibility of particular evidence depend on the facts and procedural circumstances of the case.

Why the Intent Element Matters

Intent is an important part of several Arizona property offenses.

For burglary, Arizona statutes specifically require an intent to commit a theft or felony in the circumstances described by the applicable burglary statute. For theft of means of transportation, A.R.S. § 13-1814 includes different intent requirements depending on the conduct alleged.

Consequently, simply being present at a location or being found in possession of a vehicle does not by itself explain every element of a potential criminal charge. The circumstances surrounding the conduct matter.

What Should You Do If You Are Accused?

Anyone facing an allegation of burglary or vehicle theft should take the matter seriously. Criminal cases can involve police reports, physical evidence, electronic records, witness statements, and other information.

A person accused of an offense should preserve relevant documents and communications and avoid destroying or altering potentially relevant evidence. Speaking with an Arizona criminal defense attorney can help someone understand the specific charge, applicable statute, and potential legal options.

Frequently Asked Questions

What is ARS Burglary?

ARS Burglary refers to Arizona's statutory burglary offenses under A.R.S. §§ 13-1506, 13-1507, and 13-1508. Arizona recognizes first-, second-, and third-degree burglary, with different elements and felony classifications.

Is burglary a felony in Arizona?

Yes. Arizona's three burglary offenses are classified as felonies. Third-degree burglary is a Class 4 felony, second-degree burglary is a Class 3 felony, and first-degree burglary is classified as either a Class 3 or Class 2 felony depending on the structure or area involved.

What is third-degree burglary in Arizona?

Third-degree burglary generally involves unlawfully entering or remaining in a nonresidential structure or qualifying fenced yard with the intent to commit a theft or felony. The statute also addresses certain entries into motor vehicles using a manipulation key or master key. It is a Class 4 felony.

What is second-degree burglary in Arizona?

Second-degree burglary involves unlawfully entering or remaining in a residential structure with the intent to commit a theft or felony. It is classified as a Class 3 felony.

What is first-degree burglary in Arizona?

First-degree burglary occurs when the requirements for first- or second-degree burglary are met and the person knowingly possesses explosives, a deadly weapon, or a dangerous instrument while committing the theft or felony. The classification depends on the location involved.

What is ARS Theft of Means of Transportation?

A.R.S. § 13-1814 addresses theft of means of transportation. It includes knowingly controlling another person's means of transportation without lawful authority with an intent to permanently deprive the owner, as well as several other forms of unauthorized control or acquisition. It is a Class 3 felony.

Is stealing a car considered theft of means of transportation in Arizona?

It can be. Arizona specifically criminalizes theft of means of transportation when the statutory requirements are met. The offense can include knowingly controlling another person's means of transportation without lawful authority and with the required intent.

Can a person face both burglary and vehicle theft charges?

Potentially. When the facts support the elements of separate offenses, prosecutors may bring multiple charges arising from the same incident. The specific charges depend on the circumstances and evidence.

Where can I find Arizona's burglary and vehicle theft laws?

The official Arizona Revised Statutes include the burglary provisions in Title 13, Chapter 15 and the theft provisions in Title 13, Chapter 18.