§ 13-1820 — Theft of trade secrets; classification; definition

A. A person commits theft of trade secrets if, with the intent to deprive or withhold the exclusive control of a trade secret from its owner or with the intent to make any use of a trade secret, the person does any of the following:

1. Takes, transmits, exhibits, conveys, alters, destroys, conceals or uses a trade secret without the permission of the owner.

2. Makes or causes to be made a copy of a trade secret without the permission of the owner.

3. Receives, purchases or possesses a trade secret, knowing that the trade secret has been obtained by means described in paragraph 1 or 2 of this subsection.

B. It is not a defense to a prosecution for theft of trade secrets that the person charged returned or intended to return the trade secret that was stolen, copied or obtained from another.

C. A violation of this section is a class 5 felony.

D. For the purposes of this section, "trade secrets" means information, without regard to form, including a formula, pattern, compilation, program, device, method, technique, plan, drawing, design or process that both:

1. Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. Is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.