A.R.S. § 13-403 — Arizona Code / Title 13 / Chapter 4 / Section 403
13-403 Justification; use of physical force
Status: in_force

13-403. Justification; use of physical force

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.

2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.

3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.

4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.

5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:

(a) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or

(b) The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

6. A person may otherwise use physical force upon another person as further provided in this chapter.
A.R.S. § 13-3460 — Arizona Code / Title 13 / Chapter 34.1 / Section 3460
13-3460 Civil forfeiture
Status: in_force

13-3460. Civil forfeiture

All imitation controlled substances, imitation over-the-counter drugs and imitation prescription-only drugs are subject to forfeiture as provided in chapter 39 of this title.
A.R.S. § 13-1709 — Arizona Code / Title 13 / Chapter 17 / Section 1709
13-1709 Emergency response and investigation costs; civil liability; definitions
Status: in_force

13-1709. Emergency response and investigation costs; civil liability; definitions

A. A person who commits an act in violation of this chapter that results in an appropriate emergency response or investigation and who is convicted of the violation may be liable for the expenses that are incurred incident to the emergency response and the investigation of the commission of the offense.

B. The court may assess and collect the expenses prescribed in subsection A.  The court shall state the amount of these expenses as a separate item in any final judgment, order or decree.

C. The expenses are a debt of the person. The public agency, for profit entity or nonprofit entity that incurred the expenses may collect the debt proportionally. The liability that is imposed under this section is in addition to and not in limitation of any other liability that may be imposed. If a person is subject to liability under this section and is married, only the separate property of the person is subject to liability.

D. There shall be no duty under a policy of liability insurance to defend or indemnify any person found liable for any expenses under this section.

E. For the purposes of this section:

1. "Expenses" means reasonable costs that are directly incurred by a public agency, for profit entity or nonprofit entity that makes an appropriate emergency response to an incident or an investigation of the commission of the offense, including the costs of providing police, fire fighting, rescue and emergency medical services at the scene of the incident and the salaries of the persons who respond to the incident but excluding charges assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

2. "Public agency" means this state, any city, county, municipal corporation or district, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services.
A.R.S. § 13-1210 — Arizona Code / Title 13 / Chapter 12 / Section 1210
13-1210 Assaults on hospital employees, public safety employees or volunteers and state hospital employees; disease testing; petition; hearing; notice; definitions
Status: in_force

13-1210. Assaults on hospital employees, public safety employees or volunteers and state hospital employees; disease testing; petition; hearing; notice; definitions

A. A hospital employee, a public safety employee or volunteer or the employing agency, officer or entity may petition the court for an order authorizing testing of another person for the human immunodeficiency virus, common blood borne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and one of the following applies:

1. The person is charged in any criminal complaint and the complaint alleges that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or the public safety employee or volunteer.

2. There is probable cause to believe that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or public safety employee or volunteer and that the person is deceased.

3. There is probable cause to believe that the person bit, scratched, spat or transferred blood or other bodily fluid on or through the skin or membranes of a hospital employee or a public safety employee or volunteer who was performing an official duty.

4. The person is arrested, charged or in custody and the hospital employee or the public safety employee or volunteer alleges, by affidavit, that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or the public safety employee or volunteer.

5. The public safety employee or volunteer, as part of the employee's or volunteer's official duties, was rendering aid to the person as a result of a medical emergency and was exposed to blood or other bodily fluids on or through the skin or membranes.

6. The public safety employee or volunteer, as part of the employee's or volunteer's official duties, was rendering aid to the person as a result of a medical emergency and was exposed to blood or other bodily fluids on or through the skin or membranes, and the person is deceased.

B. An employee of the Arizona state hospital or the employing agency may petition the court for an order authorizing testing of another person for the human immunodeficiency virus, common blood borne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and the person is a patient who is confined to the Arizona state hospital and who is alleged to have interfered with the official duties of the Arizona state hospital employee by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the Arizona state hospital employee.

C. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the person and the hospital employee, the public safety employee or volunteer or the Arizona state hospital employee, the court shall order that either:

1. The person provide two specimens of blood for testing.

2. If the person is deceased, the medical examiner draw two specimens of blood for testing.

D. Notwithstanding subsection C, paragraph 2 of this section, on written notice from the agency, officer or entity employing the hospital employee or the public safety employee or volunteer, the medical examiner is authorized to draw two specimens of blood for testing during the autopsy or other examination of the deceased person's body.  The medical examiner shall release the specimen to the employing agency, officer or entity for testing only after the court issues its order pursuant to subsection C, paragraph 2 of this section.  If the court does not issue an order within thirty days after the medical examiner collects the specimen, the medical examiner shall destroy the specimen.

E. Notice of the test results shall be provided as prescribed by the department of health services to the person tested, to the hospital employee, the public safety employee or volunteer or the Arizona state hospital employee named in the petition and to the employee's or volunteer's employing agency, officer or entity and, if the person tested is incarcerated or detained, to the officer in charge and the chief medical officer of the facility in which the person is incarcerated or detained.

F. Section 36-665 does not apply to this section.

G. For the purposes of this section:

1. "Arizona state hospital" includes the Arizona community protection and treatment center.

2. "Arizona state hospital employee" means an employee of the Arizona state hospital who has direct patient contact.

3. "Hospital employee" means a private hospital employee or volunteer or a person who is authorized to perform official duties at a private hospital while performing those authorized duties.

4. "Private hospital" means a hospital that is not maintained and operated by this state or any political subdivision of this state.

5. "Private prison security officer" means a security officer who is employed by a private contractor that contracts with a governmental entity to provide detention or incarceration facility services for offenders.

6. "Public safety employee or volunteer" means a law enforcement officer, any employee, contractor or volunteer of a state or local law enforcement agency or correctional facility, a probation officer, a surveillance officer, an adult or juvenile correctional service officer, a detention officer, a private prison security officer, a firefighter, an emergency medical technician or any other person who is authorized to perform official duties or be present within a correctional facility.
A.R.S. § 13-4140 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4140
13-4140 Warrant for immediate production of person restrained or restraining; grounds
Status: in_force

13-4140. Warrant for immediate production of person restrained or restraining; grounds

A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason to believe that such person will be taken from the jurisdiction of the court or judge to whom the petition is made, or that the person will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued reciting the facts, and directed to the sheriff or any constable of the county, commanding such officer to take the person thus held in custody, confinement or restraint, and forthwith bring him before the court or judge to be dealt with according to law.

B. The court or judge may also insert in the warrant a command for apprehension of the person charged with such illegal detention and restraint.
A.R.S. § 13-702 — Arizona Code / Title 13 / Chapter 7 / Section 702
13-702 First time felony offenders; sentencing; definition
Status: in_force

13-702. First time felony offenders; sentencing; definition

A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section.  Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section.  Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section.

B. If a person is convicted of a felony without having previously been convicted of any felony and if at least two of the aggravating factors listed in section 13-701, subsection D apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense to an aggravated term.  If a person is convicted of a felony without having previously been convicted of any felony and if the court finds at least two mitigating factors listed in section 13-701, subsection E apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense to a mitigated term.

C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.

D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated sentence shall be within the range prescribed under this subsection.  The terms are as follows:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

Class 2     3 years     4 years     5 years     10 years    12.5 years

Class 3     2 years     2.5 years   3.5 years   7 years     8.75 years

Class 4     1 year      1.5 years   2.5 years   3 years     3.75 years

Class 5     .5 years    .75 years   1.5 years   2 years     2.5 years

Class 6     .33 years   .5 years    1 year      1.5 years   2 years

E. The court shall inform all of the parties before sentencing occurs of its intent to increase or decrease a sentence to the aggravated or mitigated sentence pursuant this section.  If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.

F. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.
A.R.S. § 13-4114 — Arizona Code / Title 13 / Chapter 38 / Article 25 / Section 4114
13-4114 Receipt and filing of commission; inspection
Status: in_force

13-4114. Receipt and filing of commission; inspection

A. The clerk or judge receiving the commission and return shall immediately open and file it in the office of the clerk of the court in which the indictment or information is pending.

B. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall receive it from the post office, and open and file it in his office.

C. The commission and return shall at all times be open to inspection of the parties, who shall be furnished by the clerk with copies of it or any part thereof on payment of his fees.
A.R.S. § 13-901 — Arizona Code / Title 13 / Chapter 9 / Section 901
13-901 Probation
Status: in_force

13-901. Probation

A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate, including participation in any programs authorized in title 12, chapter 2, article 11. If a person is not eligible for probation, imposition or execution of sentence shall not be suspended or delayed.  If the court imposes probation, it may also impose a fine as authorized by chapter 8 of this title. If probation is granted the court shall impose a condition that the person waive extradition for any probation revocation procedures and it shall order restitution pursuant to section 13-603, subsection C where there is a victim who has suffered economic loss. When granting probation to an adult the court, as a condition of probation, shall assess a monthly fee of not less than $65 unless, after determining the inability of the probationer to pay the fee, the court assesses a lesser fee. This fee is not subject to any surcharge.  In justice and municipal courts the fee shall only be assessed when the person is placed on supervised probation.  For persons placed on probation in the superior court, the fee shall be paid to the clerk of the superior court and the clerk of the court shall pay all monies collected from this fee to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the justice court, the fee shall be paid to the justice court and the justice court shall transmit all of the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267. For persons placed on supervised probation in the municipal court, the fee shall be paid to the municipal court. The municipal court shall transmit all of the monies to the city treasurer who shall transmit the monies to the county treasurer for deposit in the adult probation services fund established by section 12-267. Any amount assessed pursuant to this subsection shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

B. The period of probation shall be determined according to section 13-902, except that if a person is released pursuant to section 31-233, subsection B and community supervision is waived pursuant to section 13-603, subsection K, the court shall extend the period of probation by the amount of time the director of the state department of corrections approves for the inmate's temporary release.

C. The court, in its discretion, may issue a warrant for the rearrest of the defendant and may modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, may revoke probation in accordance with the Arizona rules of criminal procedure at any time before the expiration or termination of the period of probation. If the court revokes the defendant's probation and the defendant is serving more than one probationary term concurrently, the court may sentence the person to terms of imprisonment to be served consecutively.

D. At any time during the probationary term of the person released on probation, any probation officer, without warrant or other process and at any time until the final disposition of the case, may rearrest any person and bring the person before the court.

E. The court, on its own initiative or on application of the probationer, after notice and an opportunity to be heard for the prosecuting attorney and, on request, the victim, may terminate the period of probation or intensive probation and discharge the defendant at a time earlier than that originally imposed if in the court's opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it.

F. When granting probation the court may require that the defendant be imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation, as long as the period actually spent in confinement does not exceed one year or the maximum period of imprisonment allowed under chapter 7 of this title, whichever is the shorter.

G. If the defendant is placed on lifetime probation and has served one year in the county jail as a term of probation, the court may require that the defendant be additionally imprisoned in the county jail at whatever time or intervals, consecutive or nonconsecutive, the court shall determine, within the period of probation if the defendant's probation is revoked by the court and the defendant is subsequently reinstated on probation. The period actually spent in confinement as a term of being reinstated on probation shall not exceed one year or, when including the initial one-year period of incarceration imposed as a term of probation, the maximum period of imprisonment allowed under chapter 7 of this title, whichever is shorter.

H. If restitution is made a condition of probation, the court shall fix the amount of restitution and the manner of performance pursuant to chapter 8 of this title.

I. When granting probation, the court shall set forth at the time of sentencing and on the record the factual and legal reasons in support of each sentence.

J. If the defendant meets the criteria set forth in section 13-901.01 or 13-3422, the court may place the defendant on probation pursuant to either section. If a defendant is placed on probation pursuant to section 13-901.01 or 13-3422, the court may impose any term of probation that is authorized pursuant to this section and that is not in violation of section 13-901.01.

K. If the court imposes a term of probation, the court may require the defendant to report to a probation officer. The court or the defendant's probation officer may allow the defendant to fulfill a reporting requirement through remote reporting. The probation officer shall take into consideration and make accommodations for the probationer's work schedule, family caregiver obligations, substance abuse treatment or recovery program, mental health treatment, transportation availability and medical care requirements before setting the reporting time and location requirements for the probationer.

L. If a probationer makes a written request to the supervising probation department to courtesy transfer the probationer's intensive probation supervision or supervised probation to another county in this state with the intent to reside in that county and provides proof of family caregiver obligations, employment or housing, or an offer of employment or housing that will assist in the probationer's positive behavioral change, the supervising probation department shall do all of the following:

1. Confirm the details of the probationer's employment, housing or family caregiving plans.

2. Review any victim safety concerns and ensure compliance with the victims' bill of rights.

3. Submit the request for permission to proceed to the receiving county within seven business days after receipt.

M. After verifying the information submitted by the sending probation department pursuant to subsection L of this section, the receiving probation department shall provide the sending probation department with permission for the probationer to proceed to the receiving county within seven business days after receipt unless the receiving probation department finds the basis for the plan is not factual or the transfer will endanger the victim.

N. If a probationer's intensive probation supervision or supervised probation is courtesy transferred to another county pursuant to subsection L of this section and the probationer subsequently violates the terms of the probationer's probation or commits an additional offense while on probation, the probation department in the county in which the probation violation or additional offense occurred may not return the probationer's intensive probation supervision or supervised probation back to the county in which the probationer's probation was originally imposed except for revocation hearings or an order of the court.
A.R.S. § 13-3870.02 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3870.02
13-3870.02 Extradition; recovery of expenses
Status: in_force

13-3870.02. Extradition; recovery of expenses

On conviction of the crime that caused a person to be extradited to this state, the state or political subdivision, either jointly or severally, may recover from the convicted person the actual expenses incurred by the extraditing agency.
A.R.S. § 13-602 — Arizona Code / Title 13 / Chapter 6 / Section 602
13-602 Designation of offenses
Status: in_force

13-602. Designation of offenses

A. The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a felony without either specification of the classification or of the penalty is a class 5 felony.

B. The particular classification of each misdemeanor defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without either specification of the classification or of the penalty is a class 2 misdemeanor.

C. Every petty offense in this title is expressly designated as such. Any offense defined outside this title without either designation as a felony or misdemeanor or specification of the classification or the penalty is a petty offense.

D. Any offense which is declared by law to be a felony, misdemeanor or petty offense without specification of the classification of such offense is punishable according to the penalty prescribed for such offense.

E. Any offense defined within or outside this title without designation as a felony, misdemeanor or petty offense is punishable according to the penalty prescribed for such offense.

F. Any offense defined outside this title with a specification of the classification of such offense is punishable according to the provisions of this title.

G. Any petty offense, class 3 misdemeanor or class 2 misdemeanor, except a violation of title 28, is deemed a minor nontraffic offense for the limited purpose of armed forces recruitment.
A.R.S. § 13-803 — Arizona Code / Title 13 / Chapter 8 / Section 803
13-803 Fines against enterprises
Status: in_force

13-803. Fines against enterprises

A. Except as provided in sections 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:

1. For a felony, one million dollars.

2. For a class 1 misdemeanor, twenty thousand dollars.

3. For a class 2 misdemeanor, ten thousand dollars.

4. For a class 3 misdemeanor, two thousand dollars.

5. For a petty offense, one thousand dollars.

B. If the court imposes a fine, the court shall impose as a presumptive fine the median of the allowable range under subsection A of this section and the presumptive fine may be mitigated or aggravated pursuant to this section.

C. After considering the factors listed in subsection F of this section, the court shall determine an appropriate fine. If the court deviates from the presumptive fine, the court shall set forth on the record the fine, if any, and how the relevant factors listed in subsection F of this section affected the court's determination.

D. Subsections B, C and F of this section and sections 13-822 and 13-823 do not apply to sentences for misdemeanor violations that are prosecuted in justice court or municipal court, except that the court may consider the factors listed in subsection F of this section and section 13-822 in determining the fine to impose.

E. A judgment that the enterprise shall pay a fine shall constitute a lien in like manner as a judgment for money rendered in a civil action.

F. If the court deviates from the presumptive fine, the court shall base its decision on any evidence or information that was introduced or submitted to it before sentencing or on any evidence that was previously heard at trial and shall consider the following factors, if relevant:

1. The income and assets of the enterprise and the economic impact of the penalty on the enterprise.

2. Any prior criminal, civil or regulatory misconduct by the enterprise.

3. The degree of harm resulting from the offense.

4. Whether the offense resulted in pecuniary gain.

5. Whether the enterprise made good faith efforts to comply with any applicable requirements.

6. The duration of the offense.

7. The role of the directors, officers or principals of the enterprise in the offense.

8. Whether the offense involved an unusually vulnerable victim due to age, physical or mental condition or any other factor that would make the victim particularly susceptible to criminal conduct.

9. Whether the offense involved a threat to a market.

10. Whether the enterprise breached a fiduciary duty in committing the offense.

11. The obligation of the enterprise to pay restitution.

12. Any other factors that the court deems appropriate.
A.R.S. § 13-4421 — Arizona Code / Title 13 / Chapter 40 / Section 4421
13-4421 Initial appearance
Status: in_force

13-4421. Initial appearance

The victim has the right to be heard at the initial appearance of the person suspected of committing the criminal offense against the victim.
A.R.S. § 13-4122 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4122
13-4122 Application for writ
Status: in_force

13-4122. Application for writ

Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place where, and the officer or person by whom he is so confined or restrained, naming all the parties, if they are known, or describing them if they are not known. If the imprisonment is alleged to be illegal, the petition shall also state the particulars of the alleged illegality.
A.R.S. § 13-823 — Arizona Code / Title 13 / Chapter 8 / Section 823
13-823 Dangerous and repeat enterprise offenders; fines
Status: in_force

13-823. Dangerous and repeat enterprise offenders; fines

A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:

1. The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.

2. The offense involved conduct that was malicious or wanton.

3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.

B. For the purposes of this section, an enterprise is deemed to have received notice if an officer, director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer, director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.
A.R.S. § 13-4022 — Arizona Code / Title 13 / Chapter 38 / Article 17 / Section 4022
13-4022 Determining competency
Status: in_force

13-4022. Determining competency

A. If after a sentence of death is imposed the director of the state department of corrections, the prisoner's attorney or an attorney for the state has good reason to believe that the prisoner may be mentally incompetent to be executed, the director, the prisoner's attorney or an attorney for the state may file a motion in the superior court in the county in which the prisoner is located setting forth the facts relating to the prisoner's conviction and sentence and the facts giving rise to the belief that the prisoner may be mentally incompetent to be executed and requesting the court to order that the prisoner be examined for mental competency to be executed.

B. A stay of execution may not be granted by the superior court on the filing of a motion for examination of competency. If a stay is desired before the superior court rules on the motion, an application for a stay shall be submitted to the Arizona supreme court.

C. On receipt of a motion for examination of competency, the superior court shall determine if the motion is timely, as prescribed by section 13-4024, and presents reasonable grounds for the requested examination. If the motion is timely and presents reasonable grounds for the requested examination, the court shall appoint experts pursuant to the Arizona rules of criminal procedure. The appointed experts shall make copies of their reports available to all of the parties. The experts' reports shall indicate whether the prisoner suffers from a mental disorder, illness, defect or disability such that the prisoner is incompetent to be executed and would benefit from competency restoration treatment. The parties shall also disclose to the appointed experts and to each other the names and addresses of any other previously undisclosed mental health experts who have examined the prisoner and the results of the examinations.

D. The court may order the prisoner to submit to physical, neurological, psychological or other examinations or evaluations that are reasonably necessary to adequately determine the prisoner's mental competency to be executed. A prisoner who is subject to an examination or evaluation for mental competency to be executed waives all privileges concerning information relevant to the competency determination. The prisoner shall submit to and cooperate in all examinations or evaluations ordered by the court, regardless of which party appointed the mental health experts. If the prisoner refuses to be examined by the state's mental health experts, the court shall not consider any expert evidence offered by the prisoner concerning the prisoner's competency. Evidence obtained under this article is not admissible at any proceeding to determine guilt or innocence unless the defendant presents evidence intended to rebut the presumption of sanity or otherwise consents to admission of the evidence.

E. After the examinations are completed, the court may conduct a hearing to determine the prisoner's competency to be executed. At the hearing, all the parties may present evidence, cross-examine witnesses and present argument or by stipulation may submit the matter for the court's determination on the basis of the experts' reports or other evidence.

F. Prisoners who are sentenced to death are presumed competent to be executed. A prisoner may be found incompetent to be executed only on clear and convincing evidence of incompetency.

G. The superior court shall specifically state its findings on the record. If the court finds that the prisoner is competent, the director of the state department of corrections shall execute the judgment as specified in the warrant. If the court finds that the prisoner is incompetent, the court shall suspend the execution and shall immediately transmit a copy of its order to the supreme court. If the prisoner is incompetent to be executed, the court shall determine whether the prisoner suffers from a mental disorder, illness, defect or disability and shall order competency restoration treatment. The prisoner shall remain in the custody of the state department of corrections until the time for review has expired or a supreme court review is completed. If no review is sought or the supreme court upholds the finding of incompetency to be executed, the director of the state department of corrections shall transfer the prisoner to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections for competency restoration treatment. The prisoner shall remain confined in the licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections until the prisoner becomes competent to be executed.

H. Pursuant to subsection G of this section, the department of health services shall provide competency restoration treatment, including prescribing medication, to a prisoner found incompetent to be executed. The person who supervises the treatment of a prisoner found incompetent to be executed shall submit a written report to the court, the attorney general and the prisoner's attorney when the person believes the prisoner is competent to be executed. The written report shall include at least the following information:

1. The name of each mental health expert who examines the prisoner.

2. The description of the nature, content, extent and results of the examination and any tests conducted.

3. The facts on which the findings are based.

4. An opinion as to the prisoner's competency to be executed.

I. Within five days after the superior court grants or denies a motion for examination or rules whether the prisoner is competent, a party may file with the Arizona supreme court a petition for special action to obtain review of the superior court's decision.

J. The clerk of the court shall prepare a statement of the costs incurred by the county. The judge shall certify the statement and shall forward it to the governor for approval. After approval, the governor shall order that the costs be paid to the county treasurer in the county in which the hearing was held from monies appropriated to the state department of corrections.
A.R.S. § 13-3724 — Arizona Code / Title 13 / Chapter 37 / Section 3724
13-3724 Obtaining utility service fraudulently; classification; definitions
Status: in_force

13-3724. Obtaining utility service fraudulently; classification; definitions

A. It is unlawful for any customer or person to intentionally do any of the following:

1. Make a connection or reconnection with property that is owned or used by a utility to provide utility service without the authorization or consent of the utility.

2. Prevent a utility meter or other device that is used to determine the charge for utility services from accurately performing its measuring function.

3. Tamper with property that is owned or used by a utility.

4. Use, receive or otherwise divert utility services without the authorization or consent of the utility if the customer or person knows or has reason to know of the unlawful diversion, tampering or connection.

5. Divert or cause to be diverted utility services by any means.

B. There is a rebuttable presumption that the customer or person intentionally violated an act specified in this section if any of the following occurs:

1. An instrument, apparatus or device that was installed to obtain utility service without paying the full charge is found attached to the meter or other device that is used to provide the utility service on the premises controlled by the customer or by the person who uses or receives the utility service.

2. A meter was altered, tampered with or bypassed resulting in no measurement or an inaccurate measurement of utility services.

3. The customer, person or owner is an occupant of the premises or has an access to the system for delivery of the service to the premises and receives a benefit from tampered or bypassed equipment.

C. The presumption provided in subsection B shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.

D. Obtaining utility service fraudulently is a class 6 felony.

E. For the purposes of this section:

1. "Customer" means the person in whose name a utility service is provided.

2. "Divert" means to change the intended course or path of electricity, gas or water without the authorization or consent of the utility.

3. "Reconnection" means the restoration of utility service to a customer or person after service has been legally disconnected by the utility.

4. "Tamper" means to rearrange, damage, alter, interfere with or otherwise prevent the performance of a normal or customary function, including any of the following:

(a) Connecting any wire, conduit or device to any service, distribution or transmission line that is owned or used by a utility.

(b) Defacing, puncturing, removing, reversing or altering any meter or any connections to secure unauthorized or unmeasured utility service.

(c) Preventing any meter from properly measuring or registering.

(d) Knowingly taking, receiving, using or converting to personal use or the use of another person any utility service without authorization or consent.

(e) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph.

5. "Utility" means any public service corporation, agricultural improvement district or other person that is engaged in the generation, transmission or delivery of electricity, water or natural gas, including this state or any political subdivision of this state.

6. "Utility service" means the provision of services or commodities by the utility for compensation.
A.R.S. § 13-2006 — Arizona Code / Title 13 / Chapter 20 / Section 2006
13-2006 Criminal impersonation; classification
Status: in_force

13-2006. Criminal impersonation; classification

A. A person commits criminal impersonation by:

1. Assuming a false identity with the intent to defraud another; or

2. Pretending to be a representative of some person or organization with the intent to defraud; or

3. Pretending to be, or assuming a false identity of, an employee or a representative of some person or organization with the intent to induce another person to provide or allow access to property. This paragraph does not apply to peace officers in the performance of their duties; or

4. Using a computer-generated voice recording, image or video of another person with the intent to defraud other persons. For the purposes of this paragraph, "defraud" means to make a false representation or material omission to deceive another person to gain a benefit.

B. For the purposes of this section, comedy, parody, artistic expression, criticism or circumstances where it is clear to a reasonable listener or viewer that the recording, image or video has been digitally manipulated are not fraudulent.

C. Criminal impersonation under subsection A, paragraph 4 of this section is a class 5 felony.  Criminal impersonation under subsection A, paragraph 1, 2 or 3 of this section is a class 6 felony.
A.R.S. § 13-114 — Arizona Code / Title 13 / Chapter 1 / Section 114
13-114 Speedy trial; counsel; witnesses and confrontation
Status: in_force

13-114. Speedy trial; counsel; witnesses and confrontation

In a criminal action defendant is entitled:

1. To have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.

2. To have counsel.

3. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court, except that the testimony or deposition of a witness may be received in evidence at the trial as by law prescribed.
A.R.S. § 13-4436 — Arizona Code / Title 13 / Chapter 40 / Section 4436
13-4436 Effect of failure to comply
Status: in_force

13-4436. Effect of failure to comply

A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within ten days of the proceeding at which the victim’s right was denied or with leave of the court for good cause shown. After the victim requests a reexamination proceeding and after the court gives reasonable notice, the court shall afford the victim a reexamination proceeding to consider the issues raised by the denial of the victim's right.  Except as provided in subsection B, the court shall reconsider any decision that arises from a proceeding in which the victim's right was not protected and shall ensure that the victim's rights are thereafter protected.

B. The failure to use reasonable efforts to perform a duty or provide a right is not cause to seek to set aside a conviction after trial.  Failure to afford a right under this chapter shall not provide grounds for a new trial.  A victim who was given notice of a plea or sentencing proceeding may make a motion to reopen a plea or sentence only if the victim was not voluntarily absent from the proceeding and has asserted the right to be heard before or during the proceeding at issue and the right to be heard was denied and, in the case of a plea, the accused has not pled to the highest offense charged.  This subsection does not affect the victim’s right to restitution, which the victim may seek to enforce at any time.

C. Unless the prisoner is discharged from the prisoner's sentence, the failure to use reasonable efforts to provide notice and a right to be present or be heard pursuant to this chapter at a proceeding that involves a post-conviction release is a ground for the victim to seek to set aside the post-conviction release until the victim is afforded the opportunity to be present or be heard.

D. If the victim seeks to have a post-conviction release set aside pursuant to subsection C, the court, board of executive clemency or state department of corrections shall afford the victim a reexamination proceeding after the parties are given notice.

E. A reexamination proceeding conducted pursuant to this section or any other proceeding that is based on the failure to perform a duty or provide a right shall commence not more than thirty days after the appropriate parties have been given notice that the victim is exercising the right to a reexamination proceeding pursuant to this section or to another proceeding based on the failure to perform a duty or provide a right.
A.R.S. § 13-3931 — Arizona Code / Title 13 / Chapter 38 / Article 9 / Section 3931
13-3931 Search of accused by magistrate
Status: in_force

13-3931. Search of accused by magistrate

When a person charged with felony is believed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct that the accused be searched in his presence, and that the weapon or other thing be retained subject to his order, or to the order of the court in which defendant may be tried.
A.R.S. § 13-2320 — Arizona Code / Title 13 / Chapter 23 / Section 2320
13-2320 Residential mortgage fraud; classification; definitions
Status: in_force

13-2320. Residential mortgage fraud; classification; definitions

A. A person commits residential mortgage fraud if, with the intent to defraud, the person does any of the following:

1. Knowingly makes any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.

2. Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process.

3. Receives any proceeds or other monies in connection with a residential mortgage loan that the person knows resulted from a violation of paragraph 1 or 2 of this subsection.

4. Files or causes to be filed with the office of the county recorder of any county of this state any residential mortgage loan document that the person knows to contain a deliberate misstatement, misrepresentation or material omission.

B. An offense involving residential mortgage fraud shall not be based solely on information that is lawfully disclosed under federal disclosure laws, regulations and interpretations related to the mortgage lending process.

C. This section does not apply to a person who is not aware that the information that is relied on by the mortgage lender, borrower or other party to the mortgage lending process is a deliberate misstatement, misrepresentation or material omission.

D. A person who violates this section is guilty of a class 4 felony, except that a person who engages or participates in a pattern of residential mortgage fraud or who conspires to engage or participate in a pattern of residential mortgage fraud is guilty of a class 2 felony.

E. For the purposes of this section:

1. "Mortgage lending process" means the process through which a person seeks or obtains a residential mortgage loan including solicitation, application, origination, negotiation of terms, third-party provider services, underwriting, signing, closing and funding of the loan.

2. "Pattern of residential mortgage fraud" means one or more violations of subsection A that involve two or more residential properties and that have the same or similar intents, results, accomplices, victims or methods of commission or are otherwise interrelated by distinguishing characteristics.

3. "Residential mortgage loan" means a loan or agreement to extend credit to a person that is secured by a deed to secure debt, security deed, mortgage, security interest, deed of trust or other document representing a security interest or lien on any interest in one to four family residential property and includes the renewal or refinancing of any loan.
A.R.S. § 13-2910.12 — Arizona Code / Title 13 / Chapter 29 / Section 2910.12
13-2910.12 Presence of minor at animal fight or cockfight; classification
Status: in_force

13-2910.12. Presence of minor at animal fight or cockfight; classification

A. A person who knowingly causes, allows or assists a minor to attend an animal fight or cockfight or to be present at any place or building where preparations are being made for an exhibition of animal fighting or cockfighting in violation of section 13-2910.01, 13-2910.02, 13-2910.03 or 13-2910.04 is guilty of a class 1 misdemeanor.

B. This section does not preclude the prosecution of the person for any offense based on any act not covered by this section.
A.R.S. § 13-903 — Arizona Code / Title 13 / Chapter 9 / Section 903
13-903 Calculation of periods of probation
Status: in_force

13-903. Calculation of periods of probation

A. A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation commences on the day the original period lapses.

B. If a court determines that the defendant violated a condition of the defendant's probation but reinstates probation, the period between the date of the violation and the date of restoration of probation is not computed as part of the period of probation. If it is determined that the defendant is not a violator, there is no interruption of the period.

C. The running of the period of probation shall cease during the unauthorized absence of the defendant from the jurisdiction or from any required supervision and shall resume only upon the defendant's voluntary or involuntary return to the probation service.

D. The running of the period of probation shall cease during the period from the filing of the petition to revoke probation to the termination of revocation of probation proceedings, except that if a court determines that the defendant is not a violator, there is no interruption of the period of probation.

E. If probation is imposed on one who at the time is serving a sentence of imprisonment imposed on a different conviction, service of the sentence of imprisonment shall not satisfy the probation.

F. Time spent in custody under section 13-901, subsection F shall be credited to any sentence of imprisonment imposed upon revocation of probation.
A.R.S. § 13-4425 — Arizona Code / Title 13 / Chapter 40 / Section 4425
13-4425 Inspection of presentence report
Status: in_force

13-4425. Inspection of presentence report

If the presentence report is available to the defendant, the court shall permit the victim to inspect the presentence report, except those parts excised by the court or made confidential by law. If the probation department excises any portion of the presentence report, it shall inform the parties and the victim of its decision and shall state on the record its reasons for the excision. On request of the victim, the prosecutor's office shall provide to the victim a copy of the presentence report.
A.R.S. § 13-3866 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3866
13-3866 No right of asylum
Status: in_force

13-3866. No right of asylum

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
A.R.S. § 13-3715 — Arizona Code / Title 13 / Chapter 37 / Section 3715
13-3715 Unauthorized manufacture, duplication, use or possession of key to a public building; classification
Status: in_force

13-3715. Unauthorized manufacture, duplication, use or possession of key to a public building; classification

A. A person who knowingly causes to be manufactured or duplicated or who possesses or uses a key to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state without authorization from the person, or his designated representative, in charge of such building or area is guilty of a class 3 misdemeanor.

B. A person who manufactures or duplicates a key for himself or another to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state, with knowledge that he or the person requesting the manufacturing or duplication of such key does not have authorization from the person or his designated representative in charge of such building or area, is guilty of a class 3 misdemeanor.
A.R.S. § 13-2501 — Arizona Code / Title 13 / Chapter 25 / Section 2501
13-2501 Definitions
Status: in_force

13-2501. Definitions

In this chapter, unless the context otherwise requires:

1. "Contraband" means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive, wireless communication device, multimedia storage device or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined in section 41-2801, or of any person within a correctional or juvenile secure care facility.

2. "Correctional facility" means any place used for the confinement or control of a person:

(a) Charged with or convicted of an offense; or

(b) Held for extradition; or

(c) Pursuant to an order of court for law enforcement purposes.

Lawful transportation or movement incident to correctional facility confinement pursuant to this paragraph is within the control of a correctional facility. For the purposes of this chapter, being within the control of a correctional facility does not include release on parole, on community supervision, on probation or by other lawful authority on the condition of subsequent personal appearance at a designated place and time.

3. "Custody" means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital.

4. "Escape" means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.
A.R.S. § 13-1902 — Arizona Code / Title 13 / Chapter 19 / Section 1902
13-1902 Robbery; classification
Status: in_force

13-1902. Robbery; classification

A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.

B. Robbery is a class 4 felony.
A.R.S. § 13-3897 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3897
13-3897 Obtaining arrest warrant; duty of officer after arrest
Status: in_force

13-3897. Obtaining arrest warrant; duty of officer after arrest

A. If a magistrate is satisfied by an affidavit sworn to or affirmed before the magistrate that probable cause exists that a felony offense has been committed and that a particular person committed the felony offense, the court shall issue a warrant commanding any peace officer to arrest the person named in the affidavit.

B. When the arrest by virtue of a warrant occurs, the officer making the arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the alleged offense was committed.
A.R.S. § 13-811 — Arizona Code / Title 13 / Chapter 8 / Section 811
13-811 Disposition of fines
Status: in_force

13-811. Disposition of fines

A. Except as provided in subsections B and C of this section, all fines collected in any court, except municipal courts, shall be paid to the county treasurer of the county in which the court is held. All fines collected in the superior court for violation of a city or town ordinance shall be paid to the county treasurer.

B. Except as provided in subsection C of this section, all fines or costs collected in any court for offenses indicted by a state grand jury or for other offenses prosecuted by the attorney general shall be paid to the anti-racketeering revolving fund established by section 13-2314.01.

C. Except as provided in section 13-821, all fines collected in any court for offenses included in chapter 34 of this title and prosecuted by a city prosecutor, a county attorney or the attorney general shall be paid to the drug and gang enforcement fund established by section 41-2402.
A.R.S. § 13-2008 — Arizona Code / Title 13 / Chapter 20 / Section 2008
13-2008 Taking identity of another person or entity; classification
Status: in_force

13-2008. Taking identity of another person or entity; classification

A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.

B. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report.  The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred.

C. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.

D. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.

E. Taking the identity of another person or entity is a class 4 felony.
A.R.S. § 13-3923 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3923
13-3923 Filing and transmittal of papers
Status: in_force

13-3923. Filing and transmittal of papers

The magistrate shall annex the affidavits, the search warrant and return, and the inventory, and if he does not have jurisdiction to inquire into the offense in respect to which the warrant was issued, he shall at once file the warrant, and return the affidavits and inventory to the court having jurisdiction to inquire into the offense.
A.R.S. § 13-4521 — Arizona Code / Title 13 / Chapter 41 / Section 4521
13-4521 Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report
Status: in_force

13-4521. Dangerous and incompetent defendants; proof evident hearing; commitment trial; disposition; findings; annual report

A. If a court enters an order pursuant to section 13-4517, subsection A, paragraph 4, the court shall hold a hearing within ten days after the order is issued to determine if the proof is evident or the presumption great that the defendant committed the act that constitutes a serious offense as defined in section 13-706.  If the court does not find the proof is evident or the presumption great that the defendant committed the act, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.

B. If the court does find the proof is evident or the presumption great pursuant to subsection A of this section, the court shall hold a trial within one hundred twenty days after the court issued the order pursuant to section 13-4517, subsection A, paragraph 4 to determine if the defendant is dangerous and should be involuntarily committed. Unless the state or defendant requests a jury trial, a trial held pursuant to this subsection shall be before the court.

C. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings held pursuant to this section, except that the court may consider evidence that is not admissible under the Arizona rules of evidence when making a determination pursuant to subsection A of this section.

D. If there has not been a previous evaluation to determine whether the defendant is dangerous, the defendant shall be examined by mental health experts in accordance with the requirements of section 13-4509, subsection D to determine if the defendant should be considered dangerous.  The state and the defendant may each retain a mental health expert to examine the defendant and present the defendant's mental health evaluation at the trial.

E. At a trial to determine if the defendant is dangerous, the state shall establish beyond a reasonable doubt that the defendant is dangerous and should be involuntarily committed. If the factfinder does not find that the defendant is dangerous or does not find that the defendant should be involuntarily committed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.

F. If the factfinder finds that the defendant is dangerous and should be involuntarily committed, the court shall dismiss the charges against the defendant without prejudice and order the defendant to be committed to a secure state mental health facility. The defendant shall receive education, care, supervision and treatment to render the defendant either competent or nondangerous.

G. If the court issues a commitment order pursuant to this section:

1. All further proceedings for the defendant's continued treatment and the circumstances under which the defendant may be released shall be conducted pursuant to title 36, chapter 40.

2. The order shall require that the defendant remain committed to a secure state mental health facility until any of the following occurs:

(a) The court finds that the defendant is competent to stand trial.

(b) The court finds that the defendant is no longer dangerous.

H. A commitment order issued pursuant to this section may not be in effect for more than the presumptive sentence the defendant could have received for the highest charged offense pursuant to section 13-702 or 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized. In making this determination, the court may not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions. The court shall consider all time a defendant has been in custody, including pretrial detention and custody under title 36.

I. The court shall retain jurisdiction over a defendant who is committed pursuant to this section until the court discharges the defendant from treatment. If a defendant is discharged or released on the expiration of a commitment order issued pursuant to this section, the medical director of the secure state mental health facility from which the defendant is discharged or released or the state may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5 or the appointment of a guardian pursuant to title 14.

J. Findings by the court made pursuant to this section and, except as provided in section 13-4508, any statements made by the defendant during an examination by a mental health expert pursuant to section 13-4509 are inadmissible in any proceeding other than a proceeding under title 36, chapters 5 and 40.

K. A person who is involuntarily committed to a secure state mental health facility pursuant to this section shall receive credit for all time spent under the jurisdiction of the secure state mental health facility if the person is found competent to stand trial and is subsequently sentenced to the state department of corrections for any of the charges that were the basis for the involuntary commitment.

L. The court shall annually report the following information for the previous year to the Arizona criminal justice commission:

1. The number of court orders for a trial pursuant to section 13-4517, subsection A, paragraph 4, including the number of jury trials that were held.

2. The number of defendants who are committed after a trial pursuant to this section.

3. The number of committed defendants who are conditionally released to a less restrictive alternative.

4. The number of committed defendants who are restored to competency or determined to not be dangerous and who are discharged.
A.R.S. § 13-1412 — Arizona Code / Title 13 / Chapter 14 / Section 1412
13-1412 Unlawful sexual conduct; peace officers; classification; definitions
Status: in_force

13-1412. Unlawful sexual conduct; peace officers; classification; definitions

A. A peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer's custody or a person who the officer knows or has reason to know is the subject of an investigation.

B. Unlawful sexual conduct with a victim who is under fifteen years of age is a class 2 felony.  Unlawful sexual conduct with a victim who is at least fifteen years of age but less than eighteen years of age is a class 3 felony.  All other unlawful sexual conduct is a class 5 felony.

C. This section does not apply to either of the following:

1. Any direct or indirect touching or manipulating of the genitals, anus or female breast that occurs during a lawful search.

2. An officer who is married to or who is in a romantic or sexual relationship with the person at the time of the arrest or investigation.  The following factors may be considered in determining whether the relationship between the victim and the defendant is currently a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

D. For the purposes of this section:

1. "Custody" includes the imposition of actual or constructive restraint pursuant to an on-site arrest, a court order or any contact in which a reasonable person would not feel free to leave.  Custody does not include detention in a correctional facility, a juvenile detention facility or a state hospital.

2. "Peace officer" has the same meaning prescribed in section 1-215 but does not include adult or juvenile corrections or detention officers.
A.R.S. § 13-4001 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 4001
13-4001 Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures
Status: in_force

13-4001. Transferring jurisdiction of a person from the psychiatric security review board to superior court; procedures

A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994, the person's case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both.

B. Within twenty days after the board orders a person's transfer to the superior court, the person may request a judicial review.  A petition for judicial review shall be filed with the committing court and served on the board, the secure mental health facility and the state.

C. At the judicial review hearing, the treatment supervisor has the burden to prove by clear and convincing evidence that the transfer is appropriate. The issues of the review are limited to the following:

1. Whether the person needs ongoing treatment for a mental disease or defect.

2. Whether the person is dangerous to self or others.

3. Whether the person's offense is eligible for commitment to the state department of corrections.

D. If the court finds the transfer is appropriate, the court shall suspend the person's sentence and place the person on supervised probation for the remainder of the commitment term or impose the sentence and order the person to be imprisoned in the state department of corrections for the remainder of the commitment term.

E. All time spent under the board's jurisdiction and any time spent incarcerated shall be credited against any sentence imposed.

F. If the court finds the transfer is not supported by the evidence, the court shall transfer jurisdiction over the person back to the board pursuant to section 13-3994.

G. At the time of sentencing or placement on probation, the court shall notify the person in writing of the person's appeal rights under rule 31, Arizona rules of criminal procedure.
A.R.S. § 13-3404 — Arizona Code / Title 13 / Chapter 34 / Section 3404
13-3404 Sale of precursor or regulated chemicals; report; exemptions; violation; classification
Status: in_force

13-3404. Sale of precursor or regulated chemicals; report; exemptions; violation; classification

A. A manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state shall submit a report to the department of public safety of all of those transactions unless the entity is required to report similar transactions to a federal agency.

B. The department of public safety shall provide a common reporting form that contains at least the following information:

1. The name of the substance.

2. The proprietary name of the product, if any.

3. The quantity of the substance sold, transferred or furnished.

4. The date the substance is to be sold, transferred or furnished.

5. The name and address of the person buying or receiving the substance.

6. The name and address of the manufacturer, wholesaler, retailer or other person selling, transferring or furnishing the substance.

C. An entity that is required to report pursuant to subsection A of this section, not less than twenty-one days before delivery of the substance, shall submit a report of the transaction to the department of public safety, except that the department of public safety may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the department of public safety determines that both of the following exist:

1. A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes such substance and the recipient of the substance.

2. The recipient has established a record of utilization of the substance for lawful purposes.

D.  An entity that is required to report pursuant to subsection A of this section and that receives from a source outside of this state any precursor chemical or regulated chemical shall submit a report of such transaction to the department of public safety as prescribed in subsection B of this section.

E. Subsections A, B, C and D of this section do not apply to any of the following:

1. The sale, transfer or furnishing of ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products.

2. The sale for personal use of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products totaling four packages or less.

3. The sale, transfer or furnishing of a precursor chemical or regulated chemical by a wholesaler or manufacturer if both parties to the transaction possess a valid and current permit issued pursuant to title 32, chapter 18 and a valid and current precursor list I chemical distributor registration or controlled substance distributor registration issued pursuant to the federal act.

F. Any manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state in a suspicious transaction shall report the transaction in writing to the department of public safety.

G. A person who is regulated by the provisions of this chapter and who discovers the theft, disappearance or other loss of any precursor chemical II or regulated chemical or the excessive or unusual loss of any precursor chemical I shall report the theft or loss in writing to the department of public safety within three days after such discovery. Any difference between the quantity of any precursor chemical II or regulated chemical received and the quantity shipped and any excessive or unusual loss of any precursor chemical I shipped shall be reported in writing to the department of public safety within three days of actual knowledge of the discrepancy. A report made pursuant to this subsection shall also include the name of the common carrier or person who transports the substance and the date of shipment of the substance.

H. An entity that is required to report pursuant to subsection A of this section shall maintain records as described in subsection B of this section relating to all such transactions for not less than two years, except that this requirement does not apply to sales for personal use of ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products by a permitted retailer. These records shall be open for inspection and copying by peace officers in the performance of their duties.  A peace officer shall not divulge pricing information obtained pursuant to this subsection except in connection with a prosecution, investigation, judicial proceeding or administrative proceeding or in response to a judicial order.

I. This section does not apply to any of the following transactions:

1. The sale, transfer or furnishing to or by any practitioner or any pharmacist acting pursuant to a prescription.

2. The sale, transfer or furnishing to or by a hospital, long-term health care provider or managed health care provider or any other licensed or permitted health care provider that administers or dispenses precursor chemical I medication under the supervision of a practitioner.

3. The sale, transfer or furnishing of iodine either:

(a) In an amount of two ounces or less by weight.

(b) To a licensed or permitted wholesaler, health care facility, pharmacy or practitioner.

(c) As a tincture of iodine or topical solution of iodine.

4. The sale, transfer or furnishing of red phosphorous in an amount of less than four ounces.

5. The movement from one facility of a licensee or permittee to another facility of the same licensee or permittee without sale.

6. The sale, transfer or furnishing of dietary supplements if all of the following apply:

(a) The dietary supplements are not otherwise prohibited by law.

(b) The dietary supplements contain naturally occurring ephedrine, ephedrine alkaloids or pseudoephedrine, or their salts, isomers or salts of isomers, or a combination of these substances that both:

(i) Are contained in the matrix of organic material in which they naturally occur.

(ii) Do not exceed five per cent of the total weight of the natural product.

(c) The dietary supplements are manufactured and distributed for legitimate use in a manner that reduces or eliminates the likelihood of abuse.

(d) The dietary supplements are labeled in compliance with the dietary supplement health and education act of 1994 (21 United States Code section 321).

J. The department of public safety shall grant an exemption from the reporting requirements under subsection C of this section to any person who supplies a precursor chemical or regulated chemical if the person can demonstrate to the department's satisfaction that the recipient requires the substance for a lawful purpose and that special circumstances prevent the supplier from reporting the transaction to the department twenty-one days or more before delivery.

K. An entity that is required to report pursuant to subsection A of this section may satisfy the reporting or record keeping requirements of this section by submitting to the department of public safety either:

1. Computer readable data from which all of the required information may be derived.

2. Copies of reports that are filed pursuant to federal law and that contain all of the information required by this section.

L. This chapter does not preclude any person, including a licensee, permittee, manufacturer, wholesaler or retailer, from instituting contact with and disclosing transactions or transaction records to appropriate federal, state or local law enforcement agencies if the person has information that may be relevant to a possible violation of any criminal statute or to the evasion or attempted evasion of any reporting or record keeping requirement of this chapter.

M. Any person, including a licensee, permittee, manufacturer, wholesaler or retailer or any officer, employee or agent of any licensee, permittee, manufacturer, wholesaler or retailer, that keeps or files a record as prescribed by this section or that communicates or discloses information or records under this section is not liable to its customer, a state or local agency or any person for any loss or damage caused in whole or in part by the making, filing or governmental use of the report or any information contained in that report.

N. Notwithstanding any other law, a county, city or town shall not enact an ordinance that is more restrictive than the requirements of this section.

O. It is unlawful for a person to knowingly:

1. Fail to submit a report that is required by this section.

2. Fail to maintain a record that is required by this section.

3. Furnish false information or omit any material information in any report or record that is required by this section.

4. Cause another person to furnish false information or to omit any material information in any report or record that is required by this section.

5. Participate in any wholesale or retail transaction or series of transactions that is structured by a person with the intent to avoid the filing by any party to the transaction of any report that is required by this section.

P. A person who violates subsection O, paragraph 3, 4 or 5 of this section is guilty of a class 5 felony. A person who violates subsection O, paragraph 1 or 2 of this section is guilty of a class 6 felony.
A.R.S. § 13-2814 — Arizona Code / Title 13 / Chapter 28 / Section 2814
13-2814 Simulating legal process; classification
Status: in_force

13-2814. Simulating legal process; classification

A. A person commits simulating legal process if such person knowingly sends or delivers to another any document falsely purporting to be an order or other document that simulates civil or criminal process.

B. Simulating legal process is a class 2 misdemeanor.
A.R.S. § 13-3454 — Arizona Code / Title 13 / Chapter 34.1 / Section 3454
13-3454 Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification
Status: in_force

13-3454. Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification

A. It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation prescription-only drug.

B. It is no defense to prosecution under this section that the defendant believed the imitation prescription-only drug to be a legitimate prescription-only drug.

C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation prescription-only drug is guilty of a class 6 felony.

D. A person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.
A.R.S. § 13-820 — Arizona Code / Title 13 / Chapter 8 / Section 820
13-820 Contempt proceedings; failure to comply with order
Status: in_force

13-820. Contempt proceedings; failure to comply with order

If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order, the victim or the court, the clerk of the court or the prosecuting attorney may petition the court for an order to show cause why the garnishee should not be held in contempt. If the court finds that the failure was wilful or the result of gross negligence, the court shall find the garnishee in contempt and shall award the petitioner reasonable attorney fees, costs and an additional penalty of not more than five hundred dollars.
A.R.S. § 13-3711 — Arizona Code / Title 13 / Chapter 37 / Section 3711
13-3711 Unlawful commercial use of cigarette machines; civil penalties; forfeiture; classification
Status: in_force

13-3711. Unlawful commercial use of cigarette machines; civil penalties; forfeiture; classification

A. It is unlawful to possess, use or make available for use for commercial purposes a tobacco product rolling vending machine. A tobacco product rolling vending machine located in a nonresidential premises is presumed to be possessed, used or available for use for commercial purposes unless the machine is for sale.  This subsection does not apply to:

1. A tobacco product rolling vending machine that is to be used exclusively for the owner's personal consumption or use if the machine is not located on a retail or other business premises.

2. Tobacco product manufacturers who have obtained a current federal manufacturer of tobacco products permit issued by the federal alcohol and tobacco tax and trade bureau to operate as a tobacco product manufacturer.

B. The department of revenue is authorized to seize the machine and all related tubes, papers, tobacco products and materials, which shall be forfeited to this state following the process prescribed in section 42-1124. All forfeited tobacco products shall also be destroyed pursuant to section 42-1124 and deemed contraband under section 42-3402.

C. A person who knowingly violates this section is guilty of a class 3 misdemeanor and is also subject to the following:

1. The revocation or termination of a license issued pursuant to section 42-3401.

2. A civil penalty not to exceed fifty thousand dollars for each violation.

3. An injunction to restrain a threatened or actual violation of this section.

4. Recovery by this state for the costs of enforcing this section or of any action or proceeding pertaining to a violation of this section, including the costs of investigation and reasonable attorney fees in the trial and appellate courts.  Payments shall be deposited into the state general fund.
A.R.S. § 13-206 — Arizona Code / Title 13 / Chapter 2 / Section 206
13-206 Entrapment
Status: in_force

13-206. Entrapment

A. It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person's testimony or other evidence the substantial elements of the offense charged.

B. A person who asserts an entrapment defense has the burden of proving the following by clear and convincing evidence:

1. The idea of committing the offense started with law enforcement officers or their agents rather than with the person.

2. The law enforcement officers or their agents urged and induced the person to commit the offense.

3. The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.

C. A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.
A.R.S. § 13-4041 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4041
13-4041 Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement
Status: in_force

13-4041. Fee of counsel assigned in criminal proceeding or insanity hearing on appeal or in postconviction relief proceedings; reimbursement

A. Except pursuant to subsection G of this section, if counsel is appointed by the court to represent the defendant in either a criminal proceeding or insanity hearing on appeal, the county in which the court from which the appeal is taken presides shall pay counsel, except that in those appeals where the defendant is represented by a public defender or other publicly funded office, the county shall not set or pay compensation. Compensation for services rendered on appeal shall be in an amount as the supreme court in its discretion deems reasonable, considering the services performed.

B. After the supreme court has affirmed a defendant's conviction and sentence in a capital case, the supreme court or, if authorized by the supreme court, the presiding judge of the county from which the case originated shall appoint counsel to represent the capital defendant in the state postconviction relief proceeding.

C. The supreme court shall establish and maintain a list of persons who are qualified to represent capital defendants in postconviction proceedings. The supreme court may establish by rule more stringent standards of competency for the appointment of postconviction counsel in capital cases than are provided by this subsection.  The supreme court may refuse to certify an attorney on the list who meets the qualifications established under this subsection or may remove an attorney from the list who meets the qualifications established under this subsection if the supreme court determines that the attorney is incapable or unable to adequately represent a capital defendant.  The court shall appoint counsel from the list. Counsel who are appointed from the list shall meet the following qualifications:

1. Be a member in good standing of the state bar of Arizona for at least five years immediately preceding the appointment.

2. Have practiced in the area of state criminal appeals or postconviction proceedings for at least three years immediately preceding the appointment.

3. Not previously have represented the capital defendant in the case either in the trial court or in the direct appeal, unless the defendant and counsel expressly request continued representation and waive all potential issues that are foreclosed by continued representation.

D. Before filing a petition, the capital defendant may personally appear before the trial court and waive counsel.  If the trial court finds that the waiver is knowing and voluntary, appointed counsel may withdraw.  The time limits in which to file a petition shall not be extended due solely to the change from appointed counsel to self-representation.

E. If at any time the trial court determines that the capital defendant is not indigent, appointed counsel shall no longer be compensated by public monies and may withdraw.

F. Unless counsel is employed by a publicly funded office, counsel appointed to represent a capital defendant in state postconviction relief proceedings shall be paid an hourly rate of not to exceed $100 per hour unless a higher rate, not to exceed $200 per hour, has been approved by the county board of supervisors.  Monies shall not be paid to court appointed counsel unless either:

1. A petition is timely filed.

2. If a petition is not filed, a notice is timely filed stating that counsel has reviewed the record and found no meritorious claim.

G. The trial court shall compensate appointed counsel from county funds. The court or the court's designee shall review and approve all reasonable fees and costs.  If the attorney believes that the court has set an unreasonably low hourly rate or if the court finds that the hours the attorney spent are unreasonable, the attorney may file a special action with the Arizona supreme court. If counsel is appointed in successive postconviction relief proceedings, compensation shall be paid pursuant to section 13-4013, subsection A.

H. The county shall request reimbursement for fees it incurs pursuant to subsections F, G and I of this section arising out of the appointment of counsel to represent an indigent capital defendant in a state postconviction relief proceeding.  The state shall pay a portion of the fees incurred by the county out of monies appropriated to the supreme court for these purposes. The total amount that may be spent in any fiscal year by this state for indigent capital defense in a state postconviction relief proceeding may not exceed the amount appropriated in the general appropriations act for this purpose, together with additional amounts appropriated by any special legislative appropriation for indigent capital defense. The supreme court shall approve county requests for reimbursement after certification that the amount requested is owed.

I. The trial court may authorize additional monies to pay for investigative and expert services that are reasonably necessary to adequately litigate those claims that are not precluded by section 13-4232.
A.R.S. § 13-3859.02 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3859.02
13-3859.02 Imprisonment; alternative methods of extradition
Status: in_force

13-3859.02. Imprisonment; alternative methods of extradition

If after a local criminal prosecution a fugitive defendant is sentenced to serve a term of imprisonment in a correctional facility or a county jail, the court shall vacate the fugitive proceedings and shall exonerate the fugitive bond. After the proceedings are vacated and the bond is exonerated, except for death penalty cases, sections 31-481 and 31-482 apply. If sections 31-481 and 31-482 do not apply, the fugitive matter is governed by any other applicable procedure for the rendition or extradition of fugitives, subject to section 13-3859. The defendant's fugitive status is not extinguished by the sentence of imprisonment.
A.R.S. § 13-3865.01 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3865.01
13-3865.01 Written waiver of extradition proceedings; prior waiver
Status: in_force

13-3865.01. Written waiver of extradition proceedings; prior waiver

A. Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 13-3847 and 13-3848 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge to inform the person of his right to the issuance or service of a warrant of extradition, the right to contest extradition by habeas corpus as provided in section 13-3850 and the right to bail as provided in section 13-3856.

B. If the consent is duly executed, the judge shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.

C. Notwithstanding subsection A of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:

1. The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

2. The law enforcement agency holding the person has received both of the following:

(a) An authenticated copy of the prior waiver of extradition signed by the person.

(b) A photograph and fingerprints properly identifying the person as the person who signed the waiver.

D. This section does not constitute a waiver by this state of its right, power or privilege to try a fugitive for a criminal offense committed in this state. If a local criminal charge is pending against the fugitive in a court in this state, the fugitive's transfer of custody is subject to the discretion of the governor as provided for in section 13-3859 and the provisions of sections 13-3855, 13-3856 and 13-3857 do not apply.

E. The delivery of a fugitive to an agent of a demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.

F. Any proceeding under this article that results or fails to result in the rendition of a fugitive person by extradition or detainer proceedings does not constitute a waiver by this state of its rights, privileges or jurisdiction.
A.R.S. § 13-3825 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3825
13-3825 Community notification; definitions
Status: in_force

13-3825. Community notification; definitions

A. Within seventy-two hours after a person who was convicted or adjudicated guilty except insane is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state, the agency that had custody or responsibility for supervision of the person who was convicted of or adjudicated guilty except insane for committing an offense for which the person was required or ordered by the court to register pursuant to section 13-3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification database:

1. The offender's identifying information.

2. A risk assessment of the offender.

3. The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed.

B. Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall cross-reference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required or ordered by the court pursuant to section 13-3821. If the person is not registered, the local law enforcement agency or the department of public safety shall request that the county attorney in the county in which the person was convicted or adjudicated guilty except insane petition the court for an arrest warrant to be issued and, if appropriate, notify the interstate compact administrator for this state.  If the person is registered, the department of public safety shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered.

C. The community notification requirements are as follows:

1. For level one offenders who have been convicted of a dangerous crime against children as defined in section 13-705 and for level two and level three offenders, the notification must be disseminated in a nonelectronic format to the surrounding neighborhood, area schools, appropriate community groups and prospective employers and, if the offender has legal custody of a child, the child's school. The notification must include the offender's photograph and exact address and a summary of the offender's status and criminal background. A press release and the notification containing all required offender information must be given to the local electronic and print media to enable information to be placed in a local publication.

2. For level one offenders who have not been convicted of a dangerous crime against children as defined in section 13-705, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides.

D. After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty-five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to subsection C of this section.  If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

E. If a person who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense in another state registers pursuant to section 13-3821, subsection A, the sheriff in the county in which the person registers shall forward the information to the chief law enforcement officer of the community in which the person resides.  The chief law enforcement officer shall contact the state in which the person was convicted or adjudicated guilty except insane or not guilty by reason of insanity and shall obtain information regarding the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification risk assessment, the agency shall categorize the offender as a level two offender. Within forty-five days, the local law enforcement agency shall notify the community of the person's presence in the community pursuant to subsection C of this section.  If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

F. On receiving notice pursuant to section 13-3822 that a person who is required to register has moved from the person's address, the chief law enforcement officer of the community to which the person has relocated may notify that community of the person's relocation to the community, pursuant to subsection D of this section.  If the community does not have a local law enforcement agency, the sheriff of the county to which the person has relocated shall notify the community of the person's relocation.

G. In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision to the county probation department or to the state department of corrections, as appropriate.

H. If the law enforcement agency that is responsible for disseminating community notification establishes an electronic notification process, the law enforcement agency may use the electronic notification process to comply with the requirements of subsection C of this section only for a person who affirmatively chooses to receive community notification through an electronic notification process. This subsection does not prohibit a law enforcement agency from providing electronic notification in addition to disseminating the nonelectronic notification that is required by subsection C of this section.

I. Information concerning a person who is required to register pursuant to section 13-3821, who is subject to the provisions of community notification and who is a student at a public or private institution of postsecondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of postsecondary education shall be promptly made available by the county sheriff to the law enforcement agency having jurisdiction for performing community notification pursuant to subsection C of this section. The law enforcement agency shall notify the institution's administration and shall complete appropriate campus notification pursuant to subsection C of this section.

J. This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section.

K. Except as provided in subsection L of this section, this section applies to all persons who are subject to the registration requirements in section 13-3821 whether or not the person was convicted or adjudicated guilty except insane before or after June 1, 1996.

L. This section does not apply to persons who are subject to the registration requirements in section 13-3821 as a result of offenses adjudicated by a juvenile court unless ordered by the court.

M. Notwithstanding subsections B and D of this section, the agency that had custody or responsibility for supervision of an offender or the court that sentenced the offender who was convicted of or adjudicated guilty except insane for committing an offense that subjects the offender to the registration requirements of section 13-3821 and who committed the offense before June 1, 1996 may conduct a risk assessment for the offender as existing resources are available pursuant to subsection C of this section. Community notification pursuant to this section and sex offender website notification pursuant to section 13-3827, subsection A, paragraph 1 shall only be conducted after the risk assessment is complete.

N. The court may continue, defer or terminate community notification after a hearing held pursuant to section 13-923.

O. For the purposes of this section:

1. "Legal custody" means the right to have physical possession of a child.

2. "School" means any public or nonpublic kindergarten program, common school or high school.
A.R.S. § 13-4295.05 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.05
13-4295.05 Civil immunity for state and local public entities, officials, employees and contractors; other laws not affected
Status: in_force

13-4295.05. Civil immunity for state and local public entities, officials, employees and contractors; other laws not affected

(Caution:  1998 Prop. 105 applies)

A. A state or local government entity, official, employee or contractor is immune from liability for damages arising from a cause of action under the laws of this state resulting from an action taken by the state or local government entity, official, employee or contractor to enforce this article or an order issued pursuant to this article during the course and scope of the state or local government entity's official's, employee's or contractor's office, employment or performance for or on behalf of this state or the local government.

B. This section shall not affect a defense, immunity or jurisdictional bar available to this state or a local government or an official, employee or contractor of this state or a local government.
A.R.S. § 13-3553 — Arizona Code / Title 13 / Chapter 35.1 / Section 3553
13-3553 Sexual exploitation of a minor; evidence; classification; definition
Status: in_force

13-3553. Sexual exploitation of a minor; evidence; classification; definition

A. A person commits sexual exploitation of a minor by knowingly:

1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

3. Possessing, manufacturing, distributing, advertising, ordering, offering to sell, selling or purchasing a child sex doll that uses the face, image or likeness of a real infant or minor who is under twelve years of age with the intent to replicate the physical features of that real infant or minor.

4. Observing a nude minor for the purpose of engaging in sexual conduct for the person's sexual gratification. This paragraph does not apply to consensual conduct between minors who are at least fifteen, sixteen or seventeen years of age.

B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.

C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

D. For the purposes of this section, "child sex doll" has the same meaning prescribed in section 13-1429.
A.R.S. § 13-4505 — Arizona Code / Title 13 / Chapter 41 / Section 4505
13-4505 Appointment of experts; costs
Status: in_force

13-4505. Appointment of experts; costs

A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall:

1. If the defendant is charged with only a misdemeanor, appoint one or more mental health experts to examine the defendant.

2. If the defendant is charged with a felony, appoint two or more mental health experts to examine the defendant.

B. The mental health expert or experts shall examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency.  The court, on its own motion or on motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the defendant, on approval of the court, may stipulate to the appointment of only one expert.

C. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition.

D. The court shall order the defendant to pay the costs of the court-ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination.

E. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.

F. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.
A.R.S. § 13-2201 — Arizona Code / Title 13 / Chapter 22 / Section 2201
13-2201 Definitions
Status: in_force

13-2201. Definitions

In this chapter, unless the context otherwise requires:

1. "Adulterated" means varying from the standard of composition or quality prescribed by statute or administrative regulation or, if none, as set by established commercial usage.

2. "Fiduciary" means a trustee, guardian, executor, administrator, receiver or any other person carrying on functions of trust on behalf of another person, corporation or organization.

3. "Financial institution" means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit for funds or medium of savings or collective investment.

4. "Insolvent" means that, for any reason, a financial institution is unable to pay its obligations in the ordinary or usual course of business or the present fair salable value of its assets is less than the amount that will be required to pay its probable liabilities on its existing debts as they become absolute and matured.

5. "Mislabeled" means:

(a) Varying from the standard of truth or disclosure in labeling prescribed by statute or administrative regulation or, if none, as set by established commercial usage; or

(b) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity.

6. "Misleading statement" means an offer to sell property or services when the offerer does not intend to sell or provide the advertised property or services:

(a) At a price equal to or lower than the price offered; or

(b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity available is specifically stated in the advertisement; or

(c) At all.

7. "Security interest" means an interest in personal property or fixtures pursuant to title 47, chapter 9.
A.R.S. § 13-4033 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4033
13-4033 Appeal by defendant
Status: in_force

13-4033. Appeal by defendant

A. An appeal may be taken by the defendant only from:

1. A final judgment of conviction or verdict of guilty except insane.

2. An order denying a motion for a new trial.

3. An order made after judgment affecting the substantial rights of the party.

4. A sentence on the grounds that it is illegal or excessive.

5. An order that denied the defendant's eligibility to petition the court to seal the defendant's case records pursuant to section 13-911 if the sole basis for the appeal is the defendant's eligibility to petition the court.

B. In noncapital cases a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation.

C. A defendant may not appeal under subsection A, paragraph 1 or 2 of this section if the defendant's absence prevents sentencing from occurring within ninety days after conviction and the defendant fails to prove by clear and convincing evidence at the time of sentencing that the absence was involuntary.
A.R.S. § 13-2403 — Arizona Code / Title 13 / Chapter 24 / Section 2403
13-2403 Refusing to aid a peace officer; classification
Status: in_force

13-2403. Refusing to aid a peace officer; classification

A. A person commits refusing to aid a peace officer if, upon a reasonable command by a person reasonably known to be a peace officer, such person knowingly refuses or fails to aid such peace officer in:

1. Effectuating or securing an arrest; or

2. Preventing the commission by another of any offense.

B. A person who complies with this section by aiding a peace officer shall not be held liable to any person for damages resulting therefrom, provided such person acted reasonably under the circumstances known to him at the time.

C. Refusing to aid a peace officer is a class 1 misdemeanor.
A.R.S. § 13-1006 — Arizona Code / Title 13 / Chapter 10 / Section 1006
13-1006 Effect of immunity, irresponsibility or incapacity of a party to solicitation, conspiracy or facilitation
Status: in_force

13-1006. Effect of immunity, irresponsibility or incapacity of a party to solicitation, conspiracy or facilitation

A. It is not a defense to a prosecution for solicitation, conspiracy or facilitation that a person solicited, facilitated or with whom the defendant conspired could not be guilty of committing the offense because:

1. Such person is, by definition of the offense, legally incapable in an individual capacity of committing the offense; or

2. Such person is not criminally responsible as defined in chapter 5 of this title, or has an immunity to prosecution or conviction for the commission of the offense; or

3. Such person does not have the state of mind sufficient for the commission of the offense in question.

B. It is not a defense to a prosecution for solicitation or conspiracy that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense that is the object of the solicitation or conspiracy.
A.R.S. § 13-2010 — Arizona Code / Title 13 / Chapter 20 / Section 2010
13-2010 Trafficking in the identity of another person or entity; classification
Status: in_force

13-2010. Trafficking in the identity of another person or entity; classification

A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.

B. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.

C. Trafficking in the identity of another person or entity is a class 2 felony.
A.R.S. § 13-3869 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3869
13-3869 Extradition of persons to and from Indian jurisdiction
Status: in_force

13-3869. Extradition of persons to and from Indian jurisdiction

A. If this state seeks the extradition of an Indian from within the jurisdiction of an Indian tribe in this state, this state shall comply with any applicable requirements of tribal extradition law.

B. An Indian tribe that permits extradition by this state of Indians from a tribal jurisdiction may request the extradition of Indians from state jurisdiction pursuant to this section.

C. An Indian tribe shall direct a demand for extradition to the county attorney of the county in which the person demanded is thought to be located, or if the location of the person is unknown, to the attorney general.

D. A written demand for extradition by an Indian tribe shall be recognized if the demand is accompanied by both:

1. A copy of a warrant issued for the person.

2. A criminal complaint or sworn statement made before a tribal judge substantially charging the person demanded with the commission of a crime under tribal law, with escape from confinement or with a violation of probation or parole.

E. The provisions of this article relating to extradition from a state that are not inconsistent with this section apply to extradition by an Indian tribe under this section. The public officer who receives the written demand under this section shall perform the functions of the governor under this article.
A.R.S. § 13-708 — Arizona Code / Title 13 / Chapter 7 / Section 708
13-708 Offenses committed while released from confinement
Status: in_force

13-708. Offenses committed while released from confinement

A. A person who is convicted of any felony involving a dangerous offense that is committed while the person is on probation for a conviction of a felony offense or parole, work furlough, community supervision or any other release or has escaped from confinement for conviction of a felony offense shall be sentenced to imprisonment for not less than the presumptive sentence authorized under this chapter and is not eligible for suspension or commutation or release on any basis until the sentence imposed is served.

B. A person who is convicted of a dangerous offense that is committed while the person is on release or has escaped from confinement for a conviction of a serious offense as defined in section 13-706, an offense resulting in serious physical injury or an offense involving the use or exhibition of a deadly weapon or dangerous instrument shall be sentenced to the maximum sentence authorized under this chapter and is not eligible for suspension or commutation or release on any basis until the sentence imposed is served. If the court finds that at least two substantial aggravating circumstances listed in section 13-701, subsection D apply, the court may increase the maximum sentence authorized under this chapter by up to twenty-five percent.

C. A person who is convicted of any felony offense that is not included in subsection A or B of this section and that is committed while the person is on probation for a conviction of a felony offense or parole, work furlough, community supervision or any other release or escape from confinement for conviction of a felony offense shall be sentenced to a term of not less than the presumptive sentence authorized for the offense and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by 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. The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release. For the purposes of this subsection, "substantive offense" means the felony, misdemeanor or petty offense that the trier of fact found beyond a reasonable doubt the defendant committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the defendant would otherwise be subject.

D. A person who is convicted of committing any felony offense that is committed while the person is released on bond or on the person's own recognizance on a separate felony offense or while the person is escaped from preconviction custody for a separate felony offense shall be sentenced to a term of imprisonment two years longer than would otherwise be imposed for the felony offense committed while on release. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-1204, subsection C or section 13-714.  The person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the two years are served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The penalties prescribed by this subsection shall be substituted for the penalties otherwise authorized by law if the allegation that the person committed a felony while released on bond or on the person's own recognizance or while escaped from preconviction custody is charged in the indictment or information and admitted or found by the court. The release provisions prescribed by this subsection shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release. The court shall allow the allegation that the person committed a felony while released on bond or on the person's own recognizance on a separate felony offense or while escaped from preconviction custody on a separate felony offense at any time before the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the person was in fact prejudiced by the untimely filing and states the reasons for these findings. The allegation that the person committed a felony while released on bond or on the person's own recognizance or while escaped from preconviction custody shall not be read to the jury. For the purposes of this subsection, "substantive offense" means the felony offense that the trier of fact found beyond a reasonable doubt the person committed. Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.

E. A sentence imposed pursuant to subsection A, B or C of this section shall revoke the convicted person's release if the person was on release and shall be consecutive to any other sentence from which the convicted person had been temporarily released or had escaped, unless the sentence from which the convicted person had been paroled or placed on probation was imposed by a jurisdiction other than this state.
A.R.S. § 13-4406 — Arizona Code / Title 13 / Chapter 40 / Section 4406
13-4406 Notice of initial appearance
Status: in_force

13-4406. Notice of initial appearance

On becoming aware of the date, time and place of the initial appearance of the accused, the law enforcement agency shall inform the victim of that information unless the accused appeared in response to a summons or writ of habeas corpus. In that case, the prosecutor's office shall, on receiving that information, provide the notice to the victim.
A.R.S. § 13-4042 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4042
13-4042 Appellate proceedings; request for extension; victim notification
Status: in_force

13-4042. Appellate proceedings; request for extension; victim notification

A. In any appellate proceeding in a capital case in which an extension of the time to file a brief is requested, the victim, after filing a notice of appearance, has a right to respond to the request for extension within ten days after the filing of the request.

B. On the filing of a notice of appearance, the victim shall serve a copy on the state and the defendant.

C. The victim may exercise the right to respond through the state.

D. The party that requests the extension shall provide notice of the request to the victim in a manner prescribed by the court.

E. This section does not provide any party or the victim with a right to oral argument.
A.R.S. § 13-2514 — Arizona Code / Title 13 / Chapter 25 / Section 2514
13-2514 Promoting secure care facility contraband; classifications
Status: in_force

13-2514. Promoting secure care facility contraband; classifications

A. A person, not otherwise authorized by law, commits promoting secure care facility contraband by knowingly doing any of the following:

1. Taking contraband onto the grounds of or into a secure care facility under the jurisdiction of the department of juvenile corrections.

2. Conveying contraband to any person confined in a secure care facility under the jurisdiction of the department of juvenile corrections.

3. Making, obtaining or possessing contraband while being confined in a secure care facility under the jurisdiction of the department of juvenile corrections.

B. Except for information protected under attorney client privilege, any person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report the violation or attempted violation to the official in charge of the facility or to a peace officer.

C. Promoting secure care facility contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting secure care facility contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting secure care facility contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.

D. Notwithstanding any law to the contrary, any person convicted of a violation of this section shall be prohibited from employment by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.
A.R.S. § 13-3895 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3895
13-3895 Weapons to be taken from person arrested
Status: in_force

13-3895. Weapons to be taken from person arrested

Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.
A.R.S. § 13-2807 — Arizona Code / Title 13 / Chapter 28 / Section 2807
13-2807 Jury tampering; classification
Status: in_force

13-2807. Jury tampering; classification

A. A person commits jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in a case, such person directly or indirectly, communicates with a juror other than as part of the normal proceedings of the case.

B. Jury tampering is a class 6 felony.
A.R.S. § 13-714 — Arizona Code / Title 13 / Chapter 7 / Section 714
13-714 Offenses committed with intent to promote, further or assist a criminal street gang
Status: in_force

13-714. Offenses committed with intent to promote, further or assist a criminal street gang

A person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by 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.  The presumptive, minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4, 5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony.  The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.
A.R.S. § 13-2316.02 — Arizona Code / Title 13 / Chapter 23 / Section 2316.02
13-2316.02 Unauthorized release of proprietary or confidential computer security information; exceptions; classification
Status: in_force

13-2316.02. Unauthorized release of proprietary or confidential computer security information; exceptions; classification

A. A person commits unauthorized release of proprietary or confidential computer security information by communicating, releasing or publishing proprietary or confidential computer security information, security-related measures, algorithms or encryption devices relating to a particular computer, computer system or network without the authorization of its owner or operator.

B. The following are exempt from this section:

1. The release by publishers, vendors, users and researchers of warnings or information about security measures or defects in software, hardware or encryption products if the release of the warnings or information is not specific to a particular owner’s or operator’s computer, computer system or network.

2. The release of security information among the authorized users of a computer, computer system or network or the notification to the owner or operator of a computer, computer system or network of a perceived security threat.

3. The release of security information in connection with the research, development and testing of security-related measures, products or devices if the release of the security information is not specific to a particular owner’s or operator’s computer, computer system or network.

C. At the conclusion of any grand jury, hearing or trial, the court shall preserve pursuant to section 44-405 any proprietary computer security information that was admitted in evidence or any portion of a transcript that contains information relating to proprietary computer security information.

D. Unauthorized release of proprietary or confidential computer security information is a class 6 felony, unless the security information relates to a critical infrastructure resource, in which case it is a class 4 felony.
A.R.S. § 13-4428 — Arizona Code / Title 13 / Chapter 40 / Section 4428
13-4428 Victim's discretion; form of statement
Status: in_force

13-4428. Victim's discretion; form of statement

A. It is at the victim's discretion to exercise the victim's rights under this chapter to be present and heard at a court proceeding, and the absence of the victim at the court proceeding does not preclude the court from going forth with the proceeding.

B. Except as provided in subsection C of this section, a victim's right to be heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement or submission of a statement through audiotape or videotape or any other video or digital media that is available to the court.

C. If a person against whom a criminal offense has been committed is in custody for an offense, the person may be heard by submitting a written statement to the court.
A.R.S. § 13-301 — Arizona Code / Title 13 / Chapter 3 / Section 301
13-301 Definition of accomplice
Status: in_force

13-301. Definition of accomplice

In this title, unless the context otherwise requires, "accomplice" means a person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:

1. Solicits or commands another person to commit the offense; or

2. Aids, counsels, agrees to aid or attempts to aid another person in planning or committing an offense.

3. Provides means or opportunity to another person to commit the offense.
A.R.S. § 13-4442 — Arizona Code / Title 13 / Chapter 40 / Section 4442
13-4442 Use of a facility dog in court proceedings; definition
Status: in_force

13-4442. Use of a facility dog in court proceedings; definition

A. The court shall allow a victim who is under eighteen years of age to have a facility dog, if available, accompany the victim while testifying in court.  A party seeking the use of a facility dog must file a notice with the court that includes the certification of the facility dog, the name of the person or entity who certified the dog and evidence that the facility dog is insured.

B. The court may allow a victim who is eighteen years of age or more or a witness to use a facility dog.

C. To ensure that the presence of a facility dog assisting a victim or a witness does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness, the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.

D. For the purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of an organization or entity whose main purpose is to improve the areas of training, placement and utilization of assistance dogs, staff and volunteer education and to establish and promote standards of excellence in all areas of assistance dog acquisition, training and partnership.
A.R.S. § 13-4308 — Arizona Code / Title 13 / Chapter 39 / Section 4308
13-4308 Commencement of proceedings
Status: in_force

13-4308. Commencement of proceedings

A. The attorney for the state shall determine whether it is probable that the property is subject to forfeiture and, if so, may cause the commencement of further judicial forfeiture proceedings for which a notice of pending forfeiture has been filed and made by filing a complaint if a claim has been filed. If, on inquiry and examination, the attorney for the state determines that the proceedings probably cannot be sustained or that justice does not require the institution of such proceedings, the attorney for the state shall notify the seizing agency and immediately authorize the release of the seizure for forfeiture on the property or on any specified interest in it.

B. The state may not proceed with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claim has been filed or a conviction is waived pursuant to this chapter.

C. If the state fails to proceed with further forfeiture proceedings within sixty days following a person's conviction for an offense to which forfeiture applies and a claim has been filed, such property shall be released from its seizure for forfeiture to an owner or interest holder, pending further proceedings pursuant to this chapter, which shall be commenced within seven years after actual discovery of the last act giving rise to forfeiture.
A.R.S. § 13-3501 — Arizona Code / Title 13 / Chapter 35 / Section 3501
13-3501 Definitions
Status: in_force

13-3501. Definitions

In this chapter, unless the context otherwise requires:

1. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both:

(a) To the average adult applying contemporary state standards with respect to what is suitable for minors, it both:

(i) Appeals to the prurient interest, when taken as a whole. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(ii) Portrays the description or representation in a patently offensive way.

(b) Taken as a whole does not have serious literary, artistic, political, or scientific value for minors.

2. "Item" means any material or performance which depicts or describes sexual activity and includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message or other similar items whether tangible or intangible and including any performance, exhibition, transmission or dissemination of any of the above. An item also includes a live performance or exhibition which depicts sexual activity to the public or an audience of one or more persons. An item is obscene within the meaning of this chapter when all of the following apply:

(a) The average person, applying contemporary state standards, would find that the item, taken as a whole, appeals to the prurient interest. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(b) The average person, applying contemporary state standards, would find that the item depicts or describes, in a patently offensive way, sexual activity as that term is described in this section.

(c) The item, taken as a whole, lacks serious literary, artistic, political or scientific value.

3. "Knowledge of the character" means having general knowledge or awareness, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of that which is reasonably susceptible to examination by the defendant both:

(a) That the item contains, depicts or describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse, whichever is applicable, whether or not there is actual knowledge of the specific contents thereof. This knowledge can be proven by direct or circumstantial evidence, or both.

(b) If relevant to a prosecution for violating section 13-3506, 13-3506.01 or 13-3507, the age of the minor, provided that an honest mistake shall constitute an excuse from liability under this chapter if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

4. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

5. "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed, for the purpose or in the context of sexual gratification or abuse.

6. "Sexual activity" means:

(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.

(b) Patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibition of the genitals.

7. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.

8. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

9. "Ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity which gives the appearance of consummation of ultimate sexual acts.
A.R.S. § 13-2009 — Arizona Code / Title 13 / Chapter 20 / Section 2009
13-2009 Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification
Status: in_force

13-2009. Aggravated taking identity of another person or entity; knowingly accepting the identity of another person; classification

A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either:

1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons' or entities' identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss.

2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose and causes another person or entity to suffer an economic loss of one thousand dollars or more.

3. Another person, including a real or fictitious person, with the intent to obtain employment.

B. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following:

1. Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information.

2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a.

C. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose.

D. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.

E. Aggravated taking the identity of another person or entity or knowingly accepting the identity of another person is a class 3 felony.
A.R.S. § 13-3506 — Arizona Code / Title 13 / Chapter 35 / Section 3506
13-3506 Furnishing harmful items to minors; applicability; classification
Status: in_force

13-3506. Furnishing harmful items to minors; applicability; classification

A. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to minors any item that is harmful to minors.

B. This section does not apply to the transmission or sending of items over the internet.

C. A violation of this section is a class 4 felony.
A.R.S. § 13-4439 — Arizona Code / Title 13 / Chapter 40 / Section 4439
13-4439 Right to leave work; scheduled proceedings; counseling; employment rights; nondiscrimination; confidentiality; definition
Status: in_force

13-4439. Right to leave work; scheduled proceedings; counseling; employment rights; nondiscrimination; confidentiality; definition

A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of that employer, shall allow an employee who is a victim of a crime to leave work to:

1. Exercise the employee's right to be present at a proceeding pursuant to sections 13-4414, 13-4420, 13-4421, 13-4422, 13-4423, 13-4426, 13-4427 and 13-4436.

2. Obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim’s child.

B. An employer may not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a crime shall not lose seniority or precedence while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the employee shall do all of the following:

1. Provide the employer with a copy of the form provided to the employee by the law enforcement agency pursuant to section 13-4405, subsection A, the information the law enforcement agency provides to the employee pursuant to section 13-4405, subsection E, a court order the employee is subject to or any other proper documentation.

2. If applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency that is responsible for providing notice to the victim.

G. It is unlawful for an employer or an employer's agent to refuse to hire or employ, to bar or to discharge from employment or to discriminate against an individual in compensation or other terms, conditions or privileges of employment because the individual exercises the right to leave work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this section.  A victim may notify the prosecutor if exercising the victim's right to leave under this section would create an undue hardship for the victim's employer.  The prosecutor shall communicate the notice to the court during the scheduling of proceedings where the victim has the right to be present.  The court shall continue to take the victim's schedule into consideration when scheduling a proceeding pursuant to subsection A of this section.

K. For the purposes of this section, "undue hardship" means a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.
A.R.S. § 13-3712 — Arizona Code / Title 13 / Chapter 37 / Section 3712
13-3712 Interruption of or injury to cable television and video systems; classification
Status: in_force

13-3712. Interruption of or injury to cable television and video systems; classification

Any person who, without the consent of the owner, knowingly tampers with, removes or injures any cable, wire, microwave or other component of a licensed cable television system as defined in section 9-505 or licensed video service network or knowingly interrupts the service of the licensed cable television system or licensed video service network without the consent of the owner is guilty of a class 2 misdemeanor.
A.R.S. § 13-3921 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3921
13-3921 Return of warrant and inventory; copy of inventory
Status: in_force

13-3921. Return of warrant and inventory; copy of inventory

A. The officer shall return the warrant to the magistrate and at the same time deliver to the magistrate a written inventory of the property taken. The inventory shall be made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present. The inventory shall be verified by the affidavit of the officer which shall be taken by the magistrate at the time it is delivered to the magistrate. The affidavit shall recite that the inventory contains a true and detailed account of all the property taken.

B. The magistrate shall deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant.
A.R.S. § 13-2701 — Arizona Code / Title 13 / Chapter 27 / Section 2701
13-2701 Definitions
Status: in_force

13-2701. Definitions

In this chapter, unless the context otherwise requires:

1. "Material" means that which could have affected the course or outcome of any proceeding or transaction. Whether a statement is material in any given factual situation is a question of law.

2. "Statement" means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

3. "Sworn statement" means any statement knowingly given under oath or affirmation attesting to the truth of what is stated, including a notarized statement whether or not given in connection with an official proceeding.
A.R.S. § 13-916 — Arizona Code / Title 13 / Chapter 9 / Section 916
13-916 Adult intensive probation teams; adult intensive probation officer qualifications; duties; caseload limit
Status: in_force

13-916. Adult intensive probation teams; adult intensive probation officer qualifications; duties; caseload limit

A. The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint adult intensive probation teams consisting of one adult probation officer and one surveillance officer, two adult probation officers or one adult probation officer and two surveillance officers.

B. A two person intensive probation team shall supervise no more than twenty-five persons at one time, and a three person intensive probation team shall supervise no more than forty persons at one time.

C. The adult intensive probation officers shall meet the bonding requirements and experience and education standards established pursuant to section 12-251.

D. The adult intensive probation team may serve warrants on, make arrests of and bring before the court persons who have violated the terms of intensive probation.

E. The adult intensive probation and surveillance officers both have the authority of a peace officer in the performance of their duties but are not eligible to participate in the public safety personnel retirement system.

F. The adult intensive probation team shall:

1. Secure and keep a complete identification record of each person who is being supervised and a written statement of the conditions of the probation.

2. Exercise close supervision and observation over persons who are granted intensive probation pursuant to supreme court guidelines. The guidelines must include both of the following:

(a) Visual contact with each probationer at least four times per week or as otherwise deemed appropriate.

(b) Verification of the probationer's employment.

3. Obtain and assemble information concerning the conduct of persons who are granted intensive probation and report the information to the court.

4. Report to the court if the probationer engages in conduct constituting an offense.

5. Bring a probationer who violates a term of intensive probation into court if, in the judgment of the adult intensive probation officer, the probationer's conduct justifies revoking the intensive probation.

6. Monitor the payment of restitution, monetary obligations and probation fees and notify the court of any probationer who fails to pay restitution, monetary obligations or fees.

7. Perform any other responsibilities required by the terms and conditions imposed by the court.
A.R.S. § 13-4801 — Arizona Code / Title 13 / Chapter 44 / Section 4801
13-4801 Definitions
Status: in_force

13-4801. Definitions

In this chapter, unless the context otherwise requires:

1. "Acquire" means to electronically capture, record, reveal or otherwise access by means of any instrument, device or equipment a cellular or wireless telephone's electronic serial number or mobile identification number without the consent of the communication service provider.

2. "Cellular telephone" means a communication device that contains an electronic serial number and the operation of which depends on the transmission of that electronic serial number together with the mobile identification number in the form of radio signals through cell sites and mobile switching stations.

3. "Cloned cellular or wireless telephone" means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered.

4. "Cloning paraphernalia" means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers, cellular telephones and mobile identification numbers, wireless telephones, cables, chips, burners, software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations.

5. "Communication service provider" has the same meaning prescribed in section 13-3001.

6. "Electronic serial number" means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone.

7. "Mobile identification number" means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone.

8. "Wireless telephone" means a communication device that transmits radio, satellite or other mobile telephone communication.
A.R.S. § 13-4127 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4127
13-4127 Compelling obedience to writ
Status: in_force

13-4127. Compelling obedience to writ

If the officer or person to whom the writ is directed refuses, after service thereof, to obey it, the court or judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, commanding him forthwith to apprehend the person, and bring him immediately before such court or judge. Upon being brought before the court or judge, such officer or person shall be committed to jail until he makes due return to the writ, or is otherwise legally discharged.
A.R.S. § 13-3822 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3822
13-3822 Notice of moving from place of residence or change of name, electronic information or vehicle information; forwarding of information; definitions
Status: in_force

13-3822. Notice of moving from place of residence or change of name, electronic information or vehicle information; forwarding of information; definitions

A. Within seventy-two hours, excluding weekends and legal holidays, after moving to or from the person's residence or to a different county or after changing the person's name or address, a person who is required to register under this article shall inform the sheriff in person and in writing of the person's new residences and whether the residence or residences are temporary or permanent and the person's address or new name. If the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box, the person shall notify the sheriff of the person's address. If the person has more than one residence the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present.  If the person does not have an address or a permanent place of residence, the person shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. A person who transitions from a permanent residence to a temporary residence or transient status shall notify the sheriff in person and in writing within seventy-two hours, excluding weekends and legal holidays, of the change.  Within three days after receipt of such information, the sheriff of the county from which the person moves shall forward it to the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of the person to the sheriff and chief of police, if any, of the place to which the person has moved.

B. If the person is subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move. If the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered. If the person has not reregistered, the local law enforcement agency shall notify the local law enforcement agency in the county in which the person last resided. Any law enforcement agency in the county in which the person last resided shall conduct an investigation and shall submit a report to the appropriate county attorney.

C. A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after a person makes any change to any required online identifier, and before any use of a changed or new required online identifier to communicate on the internet. Within three days after receipt of the information, the sheriff shall forward the information to the department of public safety.  Within three days after receipt of the information from the sheriff, the department of public safety shall update the person's information in the department of public safety database.

D. A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after the person makes any change in the make, model, color or license plate of any motor vehicle that the person owns or regularly operates.

E. A person who is required to register pursuant to this article and who has legal custody of a child who is enrolled in school shall notify the sheriff in person or electronically within seventy-two hours, excluding weekends and legal holidays, after the person makes any changes to the enrollment status of the person's child at the child's school.

F. For the purposes of this section:

1. "Address" means all locations at which the person receives mail.

2. "Legal custody" means the right to have physical possession of a child.

3. "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number.

4. "Residence" means:

(a) The person's dwelling place, whether permanent or temporary.

(b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights.

5. "School" means a public or nonpublic kindergarten program, common school or high school.

6. "Transient" means a person who does not have a single and permanent dwelling place.
A.R.S. § 13-3408 — Arizona Code / Title 13 / Chapter 34 / Section 3408
13-3408 Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
Status: in_force

13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification

A. Except as provided in section 36-2850, paragraph 19, subdivision (b), section 36-2852 and section 36-2853, subsection C, a person shall not knowingly:

1. Possess or use a narcotic drug.

2. Possess a narcotic drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.

4. Manufacture a narcotic drug.

5. Administer a narcotic drug to another person.

6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.

7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony.

2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.

4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.

C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of this section and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A, section 13-708, subsection D or any other provision of law making the convicted person ineligible for probation is eligible for probation.

D. If the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 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, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

E. A person who is convicted of a violation of subsection A, paragraph 4 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, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

F. If the person is convicted of a violation of subsection A, paragraph 2 or 7 of this section and the violation involves the sale to another person of fentanyl in an amount of at least two hundred grams, the person shall be sentenced as follows:

Minimum Presumptive               Maximum

5 calendar years  10 calendar years       15 calendar years

A person who has previously been convicted of a violation of subsection A, paragraph 2 or 7 of this section involving the sale to another person of fentanyl in an amount of at least two hundred grams shall be sentenced as follows:

Minimum Presumptive               Maximum

10 calendar years 15 calendar years       20 calendar years

G. The presumptive term imposed pursuant to subsection F of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.

H. If the person is convicted of a violation of subsection A, paragraphs 2 and 7 of this section and the violation involves the possession of fentanyl in a motor vehicle in an amount of at least two hundred grams, the person shall be sentenced as follows:

Minimum Presumptive               Maximum

5 calendar years  10 calendar years       15 calendar years

A person who has previously been convicted of a violation of subsection A, paragraphs 2 and 7 of this section involving the possession of fentanyl in a motor vehicle in an amount of at least two hundred grams shall be sentenced as follows:

Minimum Presumptive               Maximum

10 calendar years 15 calendar years       20 calendar years

I. The presumptive term imposed pursuant to subsection H of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.

J. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than $2,000 or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

K. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

L. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
A.R.S. § 13-4295.01 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.01
13-4295.01 Illegal entry from foreign nation; affirmative defense; probable cause to arrest; prospective applicability; classification
Status: in_force

13-4295.01. Illegal entry from foreign nation; affirmative defense; probable cause to arrest; prospective applicability; classification

(Caution:  1998 Prop. 105 applies)

A. It is unlawful for a person who is an alien to enter or attempt to enter this state directly from a foreign nation at any location other than a lawful port of entry.

B. It is an affirmative defense to a violation of subsection A of this section if either of the following applies:

1. The federal government has granted the defendant lawful presence in the United States or asylum under 8 United States Code section 1158.

2. The defendant's conduct does not constitute a violation of 8 United States Code section 1325(a).

C. A person may not be arrested for a violation of this section without probable cause, which shall be established by any of the following:

1. A law enforcement officer who witnesses the violation.

2. A technological recording of the violation.

3. Any other constitutionally sufficient indicia of probable cause.

D. This section may only be enforced prospectively. This section does not apply retroactively and shall not be construed to apply to the conduct of any person who entered this state unlawfully from a foreign nation at any time before this section becomes enforceable.

E. An alien lacks lawful presence under this section if the alien was either:

1. Paroled pursuant to a programmatic grant of parole, including under any parole program not created under notice-and-comment rulemaking that establishes specific characteristics under which an alien would be entitled to parole and that has been applied to more than one hundred aliens during one calendar year.

2. Required to be detained under the immigration and nationality act but was not detained and instead was paroled into the United States.

F. A violation of this section is a class 1 misdemeanor, except that it is a class 6 felony if the person has been previously convicted of a violation of this section. The person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served a term of incarceration as determined by the court.
A.R.S. § 13-804 — Arizona Code / Title 13 / Chapter 8 / Section 804
13-804 Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing
Status: in_force

13-804. Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing

A. On a defendant's conviction for an offense causing economic loss to any person, the court, in its sole discretion, may order that all or any portion of the fine imposed be allocated as restitution to be paid by the defendant to any person who suffered an economic loss caused by the defendant's conduct.

B. In ordering restitution for economic loss pursuant to section 13-603, subsection C or subsection A of this section, the court shall consider all losses caused by the criminal offense or offenses for which the defendant has been convicted.

C. The court shall not consider the economic circumstances of the defendant in determining the amount of restitution.

D. Restitution payments that are ordered pursuant to section 13-603 and this section shall not be stayed if the defendant files a notice of appeal, and the payments may be held by the court pending the outcome of an appeal.

E. After the court determines the amount of restitution, the court or a staff member designated by the court, including a probation officer, shall specify the manner in which the restitution is to be paid. In deciding the manner in which the restitution is to be paid, the court or a staff member designated by the court, including a probation officer, shall make reasonable efforts to contact any victim who has requested notice pursuant to sections 13-4415 and 13-4417, shall take into account the views of the victim and shall consider the economic circumstances of the defendant. In considering the economic circumstances of the defendant, the court shall consider all of the defendant's assets and income, including workers' compensation and social security benefits. The court shall make all reasonable efforts to ensure that all persons who are entitled to restitution pursuant to a court order promptly receive full restitution. The court may enter any reasonable order necessary to accomplish this. If a victim has received reimbursement for the victim's economic loss from an insurance company, a crime victim compensation program funded pursuant to section 41-2407 or any other entity, the court shall order the defendant to pay the restitution to that entity. If a victim has received only partial reimbursement for the victim's economic loss, the court shall order the defendant to pay restitution first to the victim and then to the entity that partially reimbursed the victim. If a probation, parole or community supervision officer has reason to believe that court ordered restitution is not being made, the officer shall report to the court supervising the probationer or the board of executive clemency that the defendant has failed to make restitution in a timely manner and the court or the board of executive clemency may revoke the defendant's probation, parole or community supervision.

F. If more than one defendant is convicted of the offense that caused the loss, the defendants are jointly and severally liable for the restitution.

G. If the court does not have sufficient evidence to support a finding of the amount of restitution or the manner in which the restitution should be paid, it may conduct a hearing on the issue according to procedures established by court rule. The court may call the defendant to testify and to produce information or evidence. The state does not represent persons who have suffered economic loss at the hearing but may present evidence or information relevant to the issue of restitution.

H. After making the determinations in subsection B of this section the trial court shall enter a restitution order for each defendant that sets forth all of the following:

1. The total amount of restitution the defendant owes all persons.

2. The total amount of restitution owed to each person.

3. The manner in which the restitution is to be paid.

I. The restitution order under subsection H of this section may be supported by evidence or information introduced or submitted to the court before sentencing or any evidence previously heard by the judge during the proceedings.

J. A restitution lien shall be created in favor of the state for the total amount of the restitution.

K. A restitution lien shall be created in favor of the state for the total amount of the fine, surcharges, assessments, costs, incarceration costs and fees ordered, if any, except that a lien may not be perfected against a titled motor vehicle.

L. Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.

M. If the defendant, the state or persons entitled to restitution pursuant to a court order disagree with the manner of payment established in subsection E of this section, the defendant, court or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the defendant, the state and, on request, persons entitled to restitution pursuant to a court order.

N. The adult probation department that is supervising a probationer shall notify the court having jurisdiction over the case when the probationer becomes in arrears in an amount that totals four full court-ordered monthly payments of victim restitution. The notification must include the reason for the arrearage as independently confirmed by the supervising probation officer, the expected duration of the arrearage and a recommendation to the court that either further action is not warranted at this time or that a review hearing should be held pursuant to this section. If the adult probation department recommends that no further action is warranted, the adult probation department shall include specific reasons for the recommendation.  A copy of the notification shall be provided to the state and to the victim if the victim has requested notice pursuant to section 13-4415.  The prosecutor or the victim may file a written objection to the recommendation that includes the reasons for the objection.  Any objection must be filed with the court within ten days after the notification was provided to the party.

O. The court shall hold a review hearing if requested by the state or the victim or, after considering the notification from the adult probation department and any objection filed, may hold a review hearing on its own motion.  If requested by the state or victim, the hearing must be held within forty-five days after the court received the request.  A review hearing is not required if a petition to revoke probation or an order to show cause is filed.  At the review hearing, the court may take any action that is permitted by law.

P. Subsections N and O of this section do not preclude the filing of a petition to revoke or modify probation or an order to show cause pursuant to section 13-810.
A.R.S. § 13-108 — Arizona Code / Title 13 / Chapter 1 / Section 108
13-108 Territorial applicability
Status: in_force

13-108. Territorial applicability

A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:

1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or

2. The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or

3. The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or

4. The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; or

5. The offense is a violation of a statute of this state that prohibits conduct outside the state.

B. When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subsection A, paragraph 1. If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.

C. This state includes the land and water and the air space above the land and water.
A.R.S. § 13-4510 — Arizona Code / Title 13 / Chapter 41 / Section 4510
13-4510 Competency hearing and orders
Status: in_force

13-4510. Competency hearing and orders

A. Within thirty days after the report is submitted, the court shall hold a hearing to determine a defendant's competency to stand trial. The parties may introduce other evidence regarding the defendant's mental condition or may submit the matter by written stipulation on the expert's report.

B. If the court finds that the defendant is competent to stand trial, the proceedings shall continue without delay.

C. If the court initially finds that the defendant is incompetent to stand trial, the court shall order treatment for the restoration of competency unless there is clear and convincing evidence that the defendant will not be restored to competency within fifteen months. The court may extend the restoration treatment by six months if the court determines that the defendant is making progress toward the goal of restoration.

D. All treatment orders issued by the court shall specify the following:

1. The place where the defendant will receive treatment.

2. Transportation to the treatment site.

3. The length of the treatment.

4. Transportation after treatment.

5. The frequency of reports.
A.R.S. § 13-752 — Arizona Code / Title 13 / Chapter 7.1 / Section 752
13-752 Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions
Status: in_force

13-752. Sentences of death, life imprisonment or natural life; imposition; sentencing proceedings; definitions

A. If the state has filed a notice of intent to seek the death penalty and the defendant is convicted of first degree murder, the trier of fact at the sentencing proceeding shall determine whether to impose a sentence of death in accordance with the procedures provided in this section.  If the trier of fact determines that a sentence of death is not appropriate, or if the state has not filed a notice of intent to seek the death penalty, and the defendant is convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the court shall impose a sentence of natural life.  If the defendant was under eighteen years of age at the time of the commission of the offense or if the defendant is convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 2, the court shall determine whether to impose a sentence of life or natural life.

B. Before trial, the prosecution shall notice one or more of the aggravating circumstances under section 13-751, subsection F.

C. If the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall then immediately determine whether one or more alleged aggravating circumstances have been proven. This proceeding is the aggravation phase of the sentencing proceeding.

D. If the trier of fact finds that one or more of the alleged aggravating circumstances have been proven, the trier of fact shall then immediately determine whether the death penalty should be imposed.  This proceeding is the penalty phase of the sentencing proceeding.

E. At the aggravation phase, the trier of fact shall make a special finding on whether each alleged aggravating circumstance has been proven based on the evidence that was presented at the trial or at the aggravation phase.  If the trier of fact is a jury, a unanimous verdict is required to find that the aggravating circumstance has been proven.  If the trier of fact unanimously finds that an aggravating circumstance has not been proven, the defendant is entitled to a special finding that the aggravating circumstance has not been proven.  If the trier of fact unanimously finds no aggravating circumstances, the court shall then determine whether to impose a sentence of life or natural life on the defendant pursuant to subsection A of this section.

F. The penalty phase shall be held immediately after the trier of fact finds at the aggravation phase that one or more of the aggravating circumstances under section 13-751, subsection F have been proven.  A finding by the trier of fact that any of the remaining aggravating circumstances alleged has not been proven or the inability of the trier of fact to agree on the issue of whether any of the remaining aggravating circumstances alleged has been proven shall not prevent the holding of the penalty phase.

G. At the penalty phase, the defendant and the state may present any evidence that is relevant to the determination of whether there is mitigation that is sufficiently substantial to call for leniency.  In order for the trier of fact to make this determination, regardless of whether the defendant presents evidence of mitigation, the state may present any evidence that demonstrates that the defendant should not be shown leniency including any evidence regarding the defendant's character, propensities, criminal record or other acts.

H. The trier of fact shall determine unanimously whether death is the appropriate sentence.  If the trier of fact is a jury and the jury unanimously determines that the death penalty is not appropriate, the court shall determine whether to impose a sentence of life or natural life pursuant to subsection A of this section.

I. If the trier of fact at any prior phase of the trial is the same trier of fact at the subsequent phase, any evidence that was presented at any prior phase of the trial shall be deemed admitted as evidence at any subsequent phase of the trial.

J. At the aggravation phase, if the trier of fact is a jury, the jury is unable to reach a verdict on any of the alleged aggravating circumstances and the jury has not found that at least one of the alleged aggravating circumstances has been proven, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found not proved by unanimous verdict. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

K. At the penalty phase, if the trier of fact is a jury and the jury is unable to reach a verdict, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found by unanimous verdict to be proved or not proved.  If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

L. If the jury that rendered a verdict of guilty is not the jury first impaneled for the aggravation phase, the jury impaneled in the aggravation phase shall not retry the issue of the defendant's guilt. If the jury impaneled in the aggravation phase is unable to reach a verdict on any of the alleged aggravating circumstances and the jury has not found that at least one of the alleged aggravating circumstances has been proven, the court shall dismiss the jury and shall impanel a new jury.  The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found not proved by unanimous verdict.  If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant.

M. Alternate jurors who are impaneled for the trial in a case in which the offense is punishable by death shall not be excused from the case until the completion of the sentencing proceeding.

N. If the sentence of a person who was sentenced to death is overturned, the person shall be resentenced pursuant to this section by a jury that is specifically impaneled for this purpose as if the original sentencing had not occurred.

O. In any case that requires sentencing or resentencing in which the defendant has been convicted of an offense that is punishable by death and in which the trier of fact was a judge or a jury that has since been discharged, the defendant shall be sentenced or resentenced pursuant to this section by a jury that is specifically impaneled for this purpose.

P. The trier of fact shall make all factual determinations required by this section or the Constitution of the United States or this state to impose a death sentence.  If the defendant bears the burden of proof, the issue shall be determined in the penalty phase.  If the state bears the burden of proof, the issue shall be determined in the aggravation phase.

Q. If the death penalty was not alleged or was alleged but not imposed, the court shall determine whether to impose a sentence of life or natural life pursuant to subsection A of this section. In determining whether to impose a sentence of life or natural life, the court:

1. May consider any evidence introduced before sentencing or at any other sentencing proceeding.

2. Shall consider the aggravating and mitigating circumstances listed in section 13-701 and any statement made by a victim.

R. Subject to section 13-751, subsection B, a victim has the right to be present at the aggravation phase and to present any information that is relevant to the proceeding.  A victim has the right to be present and to present information at the penalty phase.  At the penalty phase, the victim may present information about the murdered person and the impact of the murder on the victim and other family members and may submit a victim impact statement in any format to the trier of fact.

S. For the purposes of this section:

1. "Trier of fact" means a jury unless the defendant and the state waive a jury, in which case the trier of fact shall be the court.

2. "Victim" means the murdered person's spouse, parent, child, grandparent or sibling, any other person related to the murdered person by consanguinity or affinity to the second degree or any other lawful representative of the murdered person, except if the spouse, parent, child, grandparent, sibling, other person related to the murdered person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.
A.R.S. § 13-2001 — Arizona Code / Title 13 / Chapter 20 / Section 2001
13-2001 Definitions
Status: in_force

13-2001. Definitions

In this chapter, unless the context otherwise requires:

1. "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.

2. "Coin machine" means a coin box, turnstile, vending machine or other mechanical, electrical or electronic device or receptacle that is designed to receive a coin or bill of a certain denomination or a token made for such purpose and that, in return for the insertion or deposit of the coin, bill or token, automatically offers, provides, assists in providing or permits the acquisition or use of some property or service.

3. "Complete written instrument" means a written instrument that purports to be genuine and fully drawn with respect to every essential feature.

4. "Entity identifying information" includes, if the entity is a person other than a human being, any written document or electronic data that does or purports to provide information concerning the entity's name, address, telephone number, employer identification number, account number or electronic serial number, the identifying number of the entity's depository account or any other information or data that is unique to, assigned to or belongs to the entity and that is intended to be used to access services, funds or benefits of any kind that the entity owns or to which the entity is entitled.

5. "Falsely alters a written instrument" means to change a complete or incomplete written instrument, without the permission of anyone entitled to grant it, by means of counterfeiting, washing, erasure, obliteration, deletion, insertion of new matter, connecting together different parts of the whole of more than one genuine instrument or transposition of matter or in any other manner, so that the altered instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

6. "Falsely completes a written instrument" means to transform an incomplete written instrument into a complete one by adding, inserting or changing matter without the permission of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him.

7. "Falsely makes a written instrument" means to make or draw a complete or incomplete written instrument that purports to be an authentic creation of its ostensible maker but that is not either because the ostensible maker is fictitious, or because, if real, the ostensible maker did not authorize the making or drawing of the written instrument.

8. "Forged instrument" means a written instrument that has been falsely made, completed or altered.

9. "Incomplete written instrument" means a written instrument that contains some matter by way of content or authentication but that requires additional matter to render it a complete written instrument.

10. "Personal identifying information" means any written document or electronic data that does or purports to provide information concerning a name, signature, electronic identifier or screen name, electronic mail signature, address or account, biometric identifier, driver or professional license number, access device, residence or mailing address, telephone number, employer, student or military identification number, social security number, tax identification number, employment information, citizenship status or alien identification number, personal identification number, photograph, birth date, savings, checking or other financial account number, credit card, charge card or debit card number, mother's maiden name, fingerprint or retinal image, the image of an iris or deoxyribonucleic acid or genetic information.

11. "Slug" means an object, article or device that by virtue of its size, its shape or any other quality is capable of being inserted, deposited or otherwise used in a coin machine as a fraudulent substitute for a genuine token, lawful coin or bill of the United States.

12. "Written instrument" means either:

(a) Any paper, document or other instrument that contains written or printed matter or its equivalent.

(b) Any token, stamp, seal, badge, trademark, graphical image, access device or other evidence or symbol of value, right, privilege or identification.
A.R.S. § 13-2601 — Arizona Code / Title 13 / Chapter 26 / Section 2601
13-2601 Definition
Status: in_force

13-2601. Definition

In this chapter, unless the context otherwise requires:

1. "Employee" includes a person employed by an enterprise or an agent or fiduciary of a principal.

2. "Employer" includes an enterprise or principal.

3. "Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise.
A.R.S. § 13-1309 — Arizona Code / Title 13 / Chapter 13 / Section 1309
13-1309 Restitution
Status: in_force

13-1309. Restitution

The court shall order restitution for any violation of section 13-1306, 13-1307 or 13-1308 or section 13-3212, subsection A, paragraph 9 or 10, including the greater of either the gross income or value to the defendant of the victim's labor or services or the value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the fair labor standards act of 1938 (52 Stat. 1060; 29 United States Code sections 201 through 219).
A.R.S. § 13-3853 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3853
13-3853 Arrest prior to requisition
Status: in_force

13-3853. Arrest prior to requisition

When any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under section 13-3846, with having fled from justice, or whenever complaint shall have been made before any judge or magistrate of this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 13-3846, has fled therefrom and is believed to be in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him to apprehend the person charged, wherever he may be found in this state, and bring him before the same or any other judge, magistrate, or court who or which may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.