State v. Morgan

OPINION.

FIDEL, Judge.

We examine in this case whether the crime of “knowing” failure to return rental property requires proof that the accused knew his omission was a crime, or merely proof that the accused knew he had omitted to return property that he was obligated to return.

History

Defendant was tried and found guilty of failure to return rental equipment, a class 6 felony, in violation of Ariz.Rev.Stat.Ann. § 13-1806 (1989). Defendant had rented a welder generator from A to Z Rentals; under the terms of the rental contract, the generator was due to be returned the next day. Defendant…