A.R.S. § 13-3991 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3991
13-3991 Definitions
Status: in_force

13-3991. Definitions

In this article, unless the context otherwise requires:

1. "Conditional release" means release from a secure mental health facility under the specified written conditions.

2. "Dangerous" means a danger of inflicting serious physical harm on oneself or others, including attempted suicide or the serious threat of suicide, if the threat is such that, when considered in the light of the threat's context and any previous acts, the threat is substantially supportive of an expectation that it will be carried out.

3. "Independent pass" means a pass that allows a person to spend independent time in the community while remaining a resident of a secure mental health facility.

4. "Mental disease or defect" means a condition that was the basis for a person being found guilty except insane pursuant to section 13-502 or that was subsequently diagnosed while the person was committed to the secure mental health facility and for which the person needs ongoing mental health treatment.

5. "Mental health report" means a report that is written by a treatment supervisor or other qualified expert, that documents the condition of a person's mental health and that, at a minimum, includes all of the following:

(a) The person's mental condition, symptoms and diagnosis on admission to a secure mental health facility.

(b) The person's current mental condition, symptoms and diagnosis.

(c) A description of the person's treatment regimen, including any prescribed medications and the person's compliance with the prescribed medications.

(d) A description of the person's typical interactions with staff and peers and any significant variation in typical interactions.

(e) If symptoms of mental disease or defect are in remission, how long the symptoms have been in remission and what factors have contributed to the remission.

(f) Any recommendation for changes in conditional release status and the clinical reasons for the recommendation.

(g) A risk assessment, if clinically indicated.

6. "Parties" includes the person under the court's jurisdiction, the secure mental health facility, the outpatient treatment supervisor and the county attorney or the attorney general who is representing the state.

7. "Pass supervisor" means a person or agency representative who is approved by the court to accompany a person on approved conditional release for pass privileges.

8. "Propensity to reoffend" means the likelihood that a person will violently reoffend based on the person's history of criminal behavior or involvement in the criminal justice system.

9. "Qualified expert" means a psychologist or psychiatrist who:

(a) Is familiar with inpatient and outpatient treatment services in this state.

(b) Is qualified by education and experience to diagnose, evaluate and make clinical recommendations for a person with a mental disease, defect or disorder.

(c) If rendering an assessment of a person's safety in the community, has education and training in and uses valid and reliable risk assessment tools.

10. "Risk assessment" means a comprehensive assessment of a person's risk for violent behavior that is conducted by a qualified expert and that includes all of the following:

(a) The person's identifying information.

(b) The reason for the risk assessment and a list of the records reviewed, the sources of the information and any psychological tests or risk assessment tools administered.

(c) A thorough history of the person's psychosocial development and criminal history, including the index offense and any other history of violence.

(d) A clinical assessment, including the person's mental health, physical health and substance abuse history, the person's course of treatment progress or regress, the person's understanding of the committing offense, how the mental disease or defect contributed to the person's violent behavior, the person's plans if granted conditional release and a current mental status examination of the person.

(e) The person's progress and regress in treatment, including:

(i) Active management in treatment.

(ii) Medication compliance.

(iii) Meeting or exceeding treatment goals.

(iv) A history of rule violations.

(v) Compliance with conditions of release, if applicable.

(vi) Acceptance of having a mental illness and the need for treatment.

(vii) The level of reliance on as needed medications to treat symptoms of mental illness.

(f) An assessment of the person's risk for violence, including the propensity to reoffend.

(g) Case formulation and recommendations, including the person's relative risk for violence in the context of the proposed release conditions, the identification of risk variables that require ongoing management, any treatment recommendations, any recommended amendments to conditional release and an opinion regarding when an updated risk assessment might be warranted.

11. "Secure mental health facility" means a secure state mental health facility that is under the department of health services.

12. "Stable remission" means a clinical state in which there is an absence or marked attenuation in the signs and symptoms of major mental illness.

13. "Sufficient cause" means a reasonable belief that the circumstance is true or necessary and is less than a preponderance.

14. "Treatment supervisor" means a qualified expert who is a person's supervising and treating clinician.
A.R.S. § 13-2602 — Arizona Code / Title 13 / Chapter 26 / Section 2602
13-2602 Bribery of a public servant or party officer; classification
Status: in_force

13-2602. Bribery of a public servant or party officer; classification

A. A person commits bribery of a public servant or party officer if with corrupt intent:

1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or

2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant or party officer may thereby be influenced.

B. It is no defense to a prosecution under this section that a person sought to be influenced was not qualified to act in the desired way because such person had not yet assumed office, lacked jurisdiction or for any other reason.

C. Bribery of a public servant or party officer is a class 4 felony.
A.R.S. § 13-3865 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3865
13-3865 Exemption from civil process
Status: in_force

13-3865. Exemption from civil process

A person brought into this state on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.
A.R.S. § 13-3403.01 — Arizona Code / Title 13 / Chapter 34 / Section 3403.01
13-3403.01 Nitrous oxide containers; sale to minors; classification
Status: in_force

13-3403.01. Nitrous oxide containers; sale to minors; classification

A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee.

B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:

1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.

2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated.  The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.
A.R.S. § 13-3304 — Arizona Code / Title 13 / Chapter 33 / Section 3304
13-3304 Benefiting from gambling; classification
Status: in_force

13-3304. Benefiting from gambling; classification

A. Except for amusement or regulated gambling, a person commits benefiting from gambling if he knowingly obtains any benefit from gambling.

B. Benefiting from social gambling as a player is not unlawful under this section.

C. Benefiting from gambling is a class 1 misdemeanor.
A.R.S. § 13-1421 — Arizona Code / Title 13 / Chapter 14 / Section 1421
13-1421 Evidence relating to victim's chastity; pretrial hearing
Status: in_force

13-1421. Evidence relating to victim's chastity; pretrial hearing

A. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter, section 13-3212 or chapter 35.1 of this title. Evidence of specific instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:

1. Evidence of the victim's past sexual conduct with the defendant.

2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.

3. Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.

4. Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.

5. Evidence of false allegations of sexual misconduct made by the victim against others.

B. Evidence described in subsection A of this section shall not be referred to in any statements to a jury or introduced at trial without a court order after a hearing on written motions is held to determine the admissibility of the evidence. If new information is discovered during the course of the trial that may make the evidence described in subsection A of this section admissible, the court may hold a hearing to determine the admissibility of the evidence under subsection A of this section. The standard for admissibility of evidence under subsection A of this section is by clear and convincing evidence.
A.R.S. § 13-3984 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3984
13-3984 Procedure where proof shows higher offense; effect
Status: in_force

13-3984. Procedure where proof shows higher offense; effect

A. If upon the trial of any action it appears to the court by the testimony that the facts proved constitute an offense of a higher nature than that charged, the court may direct that the jury be discharged and all proceedings on the indictment or information suspended, and may order the commitment of the defendant, and if the offense is bailable, direct in the order that the defendant may be admitted to bail in the amount fixed, which shall be specified in the order, to answer any indictment which may be returned, or any information which may be filed against him following a preliminary hearing, within thirty days after such suspension of proceedings by the court.

B. If the defendant is committed or admitted to bail in order to hold him for a higher offense, as provided in subsection A, it is not an acquittal of the offense in which proceedings were suspended, and no plea of former jeopardy or former acquittal shall be sustained by reason thereof.
A.R.S. § 13-103 — Arizona Code / Title 13 / Chapter 1 / Section 103
13-103 Abolition of common law offenses and affirmative defenses; definition
Status: in_force

13-103. Abolition of common law offenses and affirmative defenses; definition

A. All common law offenses and affirmative defenses are abolished. No conduct or omission constitutes an offense or an affirmative defense unless it is an offense or an affirmative defense under this title or under another statute or ordinance.

B. For the purposes of this section, "affirmative defense" means a defense that is offered and that attempts to excuse the criminal actions of the accused or another person for whose actions the accused may be deemed to be accountable. Affirmative defense does not include any justification defense pursuant to chapter 4 of this title or any defense that either denies an element of the offense charged or denies responsibility, including alibi, misidentification or lack of intent.
A.R.S. § 13-2910.04 — Arizona Code / Title 13 / Chapter 29 / Section 2910.04
13-2910.04 Presence at cockfight; classification
Status: in_force

13-2910.04. Presence at cockfight; classification

(Caution: 1998 Prop. 105 applies)

Any person who is knowingly present at any place or building where preparations are being made for an exhibition of the fighting of cocks, or is present at such exhibition, is guilty of a class 1 misdemeanor.
A.R.S. § 13-302 — Arizona Code / Title 13 / Chapter 3 / Section 302
13-302 Criminal liability based upon conduct
Status: in_force

13-302. Criminal liability based upon conduct

A person may be guilty of an offense committed by such person's own conduct or by the conduct of another for which such person is criminally accountable as provided in this chapter, or both.  In any prosecution, testimony of an accomplice need not be corroborated.
A.R.S. § 13-503 — Arizona Code / Title 13 / Chapter 5 / Section 503
13-503 Effect of alcohol or drug use
Status: in_force

13-503. Effect of alcohol or drug use

Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind.
A.R.S. § 13-4113 — Arizona Code / Title 13 / Chapter 38 / Article 25 / Section 4113
13-4113 Duty of commissioner in executing commission; attachment of section to commission
Status: in_force

13-4113. Duty of commissioner in executing commission; attachment of section to commission

A. The commissioner, unless otherwise specially directed, shall execute the commission as follows:

1. Publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.

2. Cause the examination of the witness to be reduced to writing, and subscribed by him.

3. Write the answers of the witness as nearly as possible in the language in which he gives them, and read to him each answer as it is taken down, and correct or add to it until it conforms to what he declares is the truth.

B. If the witness declines to answer a question, that fact, with the reason assigned by him for declining, shall be stated. If any papers or documents are produced before him and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.

C. The commissioner shall subscribe his name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, enclose it in an envelope under seal and address it as directed by the endorsement thereon. If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by written consent of the parties, or by the court on the commission, as to its return, he shall comply with the directions.

D. A copy of this section shall be attached to the commission.
A.R.S. § 13-2106 — Arizona Code / Title 13 / Chapter 21 / Section 2106
13-2106 Possession of machinery, plate or other contrivance or incomplete credit card; classification
Status: in_force

13-2106. Possession of machinery, plate or other contrivance or incomplete credit card; classification

A. A person commits possession of machinery, plate or other contrivance or incomplete credit card if such person:

1. Possesses an incomplete credit card with intent to complete it without the express consent of the issuer.

2. Possesses, with intent to defraud and with knowledge of its character, any machinery, plate or any other contrivance designed to reproduce an instrument or device purporting to be the credit card of an issuer who has not consented to the preparation of such credit card.

B. Possession of machinery, plate or other contrivance or incomplete credit card in subsection A, paragraph 1 is a class 1 misdemeanor and a class 6 felony in subsection A, paragraph 2.
A.R.S. § 13-2313 — Arizona Code / Title 13 / Chapter 23 / Section 2313
13-2313 Judicial powers over racketeering criminal cases
Status: in_force

13-2313. Judicial powers over racketeering criminal cases

During the pendency of any criminal case charging an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, the superior court may, in addition to its other powers, issue an order pursuant to section 13-2314, subsections B and C. Upon conviction of a person for an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, the superior court may, in addition to its other powers of disposition, issue an order pursuant to section 13-2314.
A.R.S. § 13-3990 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3990
13-3990 Notice of conviction of teachers
Status: in_force

13-3990. Notice of conviction of teachers

A. On the conviction of a person of an offense in this title or of any felony, if the person is certified to teach by the state board of education or is teaching in a community college district or charter school, the court or, if directed by the court, the clerk of the court shall provide the convicted person's name, case number, date of conviction and crime convicted of and, if known, the convicted person's social security number, date of birth, address and license or registration number to the state board of education, to the community college district or to the charter school.

B. On request of an entity listed in subsection A of this section, the court or, if directed by the court, the clerk of the court shall provide the requesting entity with a copy of the convicted person's judgment and sentence and of the opinion of the court, if any opinion is filed.
A.R.S. § 13-3716 — Arizona Code / Title 13 / Chapter 37 / Section 3716
13-3716 Unlawful failure to give notice of conviction of dangerous crime against children or child abuse; classification
Status: in_force

13-3716. Unlawful failure to give notice of conviction of dangerous crime against children or child abuse; classification

A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705 or child abuse pursuant to section 13-3623, subsection A or subsection B, paragraph 1 to fail to give notice of the fact of the conviction to a business institution or organization when applying for employment or volunteering for service with any business institution or organization that sponsors any activity in which adults supervise children. For the purposes of this subsection, business institutions or organizations include schools, preschools, child care providers and youth organizations.

B. A person who violates this section is guilty of a class 5 felony.
A.R.S. § 13-4125 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4125
13-4125 Direction of writ
Status: in_force

13-4125. Direction of writ

The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made, and shall command him to have the body of such person before the court or judge before whom the writ is returnable, at a time and place therein specified.
A.R.S. § 13-1904 — Arizona Code / Title 13 / Chapter 19 / Section 1904
13-1904 Armed robbery; classification
Status: in_force

13-1904. Armed robbery; classification

A. A person commits armed robbery if, in the course of committing robbery as proscribed in section 13-1902, the person or an accomplice does any of the following:

1. Is armed with a deadly weapon or a simulated deadly weapon.

2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.

3. Takes possession of or attempts to take possession of a deadly weapon.

B. Armed robbery is a class 2 felony.
A.R.S. § 13-3891 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3891
13-3891 Right of officer to break into building
Status: in_force

13-3891. Right of officer to break into building

An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in section 13-3883, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is refused admittance after he has announced his authority and purpose.
A.R.S. § 13-3410 — Arizona Code / Title 13 / Chapter 34 / Section 3410
13-3410 Serious drug offender; sentencing; definitions
Status: in_force

13-3410. Serious drug offender; sentencing; definitions

A. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of a pattern of engaging in conduct prohibited by this chapter, which constituted a significant source of the person's income, shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.

B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of the person's association with and participation in the conduct of an enterprise as defined in section 13-2301, subsection D, paragraph 2, which is engaged in dealing in substances controlled by this chapter, and who organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.

C. A person commits an offense as part of a pattern of engaging in conduct prohibited by this chapter if the person's conduct involves at least three criminal acts that have the same or similar purposes, results, participants, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.

D. For the purposes of this section:

1. "Serious drug offense" means any violation of, including any attempt or conspiracy to commit a violation of, section 13-3404.01, section 13-3405, subsection A, paragraphs 2 through 4, section 13-3407, subsection A, paragraphs 2 through 7 or section 13-3408, subsection A, paragraphs 2 through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs having a weight that equals or exceeds the statutory threshold amount, a felony violation of section 13-3406 or any violation of section 13-3409.

2. "Significant source of income" means a source of income that exceeds twenty-five thousand dollars received during a calendar year without reference to any exceptions, reductions or setoffs.
A.R.S. § 13-910 — Arizona Code / Title 13 / Chapter 9 / Section 910
13-910 Restoration of right to possess a firearm
Status: in_force

13-910. Restoration of right to possess a firearm

A. A person who is convicted of a dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state may not file for the restoration of the right to possess or carry a firearm.  A person who is convicted of a serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state may not file for the restoration of the right to possess or carry a firearm for ten years from the date of the person's absolute discharge.

B. The restoration of the right to possess a firearm pursuant to this section is in the discretion of the judicial officer.
A.R.S. § 13-758 — Arizona Code / Title 13 / Chapter 7.1 / Section 758
13-758 Persons present at execution of sentence of death; limitation
Status: in_force

13-758. Persons present at execution of sentence of death; limitation

The director of the state department of corrections or the director's designee shall be present at the execution of all death sentences and shall invite the attorney general and at least twelve reputable citizens of the director's selection to be present at the execution. The director shall, at the request of the defendant, permit clergymen, not exceeding two, whom the defendant names and any persons, relatives or friends, not exceeding five, to be present at the execution. The director may invite peace officers as the director deems expedient to witness the execution. No persons other than those set forth in this section shall be present at the execution nor shall any minor be allowed to witness the execution.
A.R.S. § 13-4021 — Arizona Code / Title 13 / Chapter 38 / Article 17 / Section 4021
13-4021 Competency to be executed; definition
Status: in_force

13-4021. Competency to be executed; definition

A. A person who is sentenced to death shall not be executed as long as he is mentally incompetent to be executed.

B. As used in this article, "mentally incompetent to be executed" means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death.
A.R.S. § 13-3205 — Arizona Code / Title 13 / Chapter 32 / Section 3205
13-3205 Causing spouse to become prostitute; classification
Status: in_force

13-3205. Causing spouse to become prostitute; classification

A person who knowingly by force, fraud, intimidation or threats causes his or her spouse to live in a house of prostitution or to lead a life of prostitution is guilty of a class 5 felony 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 or commuted.
A.R.S. § 13-4303 — Arizona Code / Title 13 / Chapter 39 / Section 4303
13-4303 Venue
Status: in_force

13-4303. Venue

A. A civil action brought pursuant to this chapter may be brought in the county in which the property is seized or in any county in which an owner or interest holder is criminally convicted of the offense that gave rise to the seizure of the property.

B. A claimant or defendant may obtain a change of venue only under the same circumstances under which a defendant may obtain a change of venue in a criminal case.
A.R.S. § 13-4514 — Arizona Code / Title 13 / Chapter 41 / Section 4514
13-4514 Progress reports; rehearings
Status: in_force

13-4514. Progress reports; rehearings

A. The person who supervises the treatment of a defendant who has been ordered to undergo treatment pursuant to section 13-4512 shall submit a written report to the court which shall make the report available to the prosecutor, the defense attorney and the clinical liaison as follows:

1. For inpatient treatment, after the first one hundred twenty days of the original treatment order and after each one hundred eighty days of treatment thereafter.

2. For outpatient treatment, every sixty days.

3. Whenever the person believes the defendant is competent to stand trial.

4. Whenever the person believes that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency.

5. Fourteen days before the expiration of the maximum time that an order issued pursuant to section 13-4512 or this section is in effect.

B. The report shall include the examiner's findings and the information required under section 13-4509. If the report states that the defendant remains incompetent, the report shall state the likelihood that the defendant will regain competency, an estimated time period for the restoration of competency and recommendations for treatment modification, if necessary. If the report states that the defendant has regained competency, the report shall state the effect, if any, of any limitations that are imposed by any medications used in the effort to restore the defendant's competency.

C. The court shall hold a hearing to determine the defendant's progress towards regaining competency as follows:

1. On the court's own motion.

2. On receipt of a report that is submitted by the treating facility pursuant to subsection A, paragraph 3, 4 or 5 of this section.

D. If at the hearing the court finds that the defendant has regained competency, the defendant shall be returned to the court and the proceedings against the defendant shall continue without delay. The court may order continued involuntary medication pursuant to section 13-4511 pending final disposition of this case in the trial court if the court finds that there is not a less intrusive alternative, the medication was medically appropriate and that it is essential for the sake of the defendant's safety or the safety of others.

E. If at the hearing the court finds that the defendant is incompetent to stand trial but that there is a substantial probability that the defendant will regain competency within the foreseeable future, the court shall renew and, if appropriate, modify the treatment order for not more than an additional one hundred eighty days. The court may make this determination without a formal hearing if all of the parties agree.

F. If at the hearing the court finds that the defendant is incompetent to stand trial and that there is not a substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency, the court shall proceed pursuant to section 13-4517.
A.R.S. § 13-901.03 — Arizona Code / Title 13 / Chapter 9 / Section 901.03
13-901.03 Violent crimes; allegation; definition
Status: in_force

13-901.03. Violent crimes; allegation; definition

A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the court. The court shall allow the allegation that the defendant committed a violent crime at any time before the date 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 defendant was in fact prejudiced by the untimely filing and states the reasons for these findings.

B. For the purpose of this section, "violent crime" includes any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument.
A.R.S. § 13-3951 — Arizona Code / Title 13 / Chapter 38 / Article 11 / Section 3951
13-3951 Order of commitment; duty of officer
Status: in_force

13-3951. Order of commitment; duty of officer

If the magistrate orders the defendant committed upon the preliminary examination, he shall prepare a commitment signed by him with his name of office, and deliver it with the defendant to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who shall deliver the defendant to the officer to whom he is committed, together with the commitment.
A.R.S. § 13-2910.01 — Arizona Code / Title 13 / Chapter 29 / Section 2910.01
13-2910.01 Animal fighting; classification
Status: in_force

13-2910.01. Animal fighting; classification

A. A person commits animal fighting by knowingly:

1. Owning, possessing, keeping or training any animal if the person knows or has reason to know that the animal will engage in an exhibition of fighting with another animal.

2. For amusement or gain, causing any animal to fight with another animal, or causing any animals to injure each other.

3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under the person’s charge or control.

B. This section does not:

1. Prohibit or restrict activities permitted by or pursuant to title 3.

2. Apply to animals that are trained to protect livestock from predation and that engage in actions to protect livestock.

C. Animal fighting is a class 5 felony.
A.R.S. § 13-3713 — Arizona Code / Title 13 / Chapter 37 / Section 3713
13-3713 Consideration for referral of patient, client or customer; fraud; violation; classification
Status: in_force

13-3713. Consideration for referral of patient, client or customer; fraud; violation; classification

A. Except for payments from a medical researcher to a physician licensed pursuant to title 32, chapter 13 or 17 in connection with identifying and monitoring patients for a clinical trial regulated by the United States food and drug administration, a person who knowingly offers, delivers, receives or accepts any rebate, refund, commission, preference or other consideration as compensation for referring a patient, client or customer to any individual, pharmacy, laboratory, clinic or health care institution providing medical or health-related services or items pursuant to title 11, chapter 2, article 7 or title 36, chapter 29, other than specifically provided for in accordance with title 11, chapter 2, article 7 or title 36, chapter 29, is guilty of:

1. A class 3 felony if the consideration had a value of one thousand dollars or more.

2. A class 4 felony if the consideration had a value of more than one hundred dollars but less than one thousand dollars.

3. A class 6 felony if the consideration had a value of one hundred dollars or less.

B. A person who knowingly presents false information or misrepresents or conceals a material fact on an application for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 or who knowingly fails to notify the county of residence of a change in conditions that, if notification had been made, would have resulted in termination of eligibility or change in eligibility status for medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony.

C. A person who knowingly obtains or attempts to obtain medical or health coverage pursuant to title 36, chapter 29 or section 11-291 by the use of any means of identification not authorized by the Arizona health care cost containment system administration or by the use of any means of identification authorized by the Arizona health care cost containment system administration that has been or would have been fraudulently acquired is guilty of:

1. A class 5 felony if the value of the medical or health coverage or attempted coverage is one thousand dollars or more.

2. A class 6 felony if the value of the medical or health coverage or attempted coverage exceeds one hundred dollars but is less than one thousand dollars.

3. A class 1 misdemeanor if the value of the medical or health coverage or attempted coverage is one hundred dollars or less.

D. A person who knowingly counterfeits or alters any means of identification or uses, transfers, acquires or possesses counterfeited or altered identification for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 4 felony.

E. A person lawfully entitled to medical or health coverage pursuant to title 36, chapter 29 or section 11-291 who knowingly furnishes, gives or lends that person's means of identification to any person for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or section 11-291 is guilty of a class 6 felony.

F. A person who knowingly aids or abets another person pursuant to section 13-301, 13-302 or 13-303 in the commission of an offense under this section or section 36-2905.04 is guilty of a class 5 felony.

G. The county attorney of the county in which the violation occurs and the attorney general have concurrent jurisdiction to prosecute all violations specified in this section.
A.R.S. § 13-2318 — Arizona Code / Title 13 / Chapter 23 / Section 2318
13-2318 Civil judgments; injury to the state
Status: in_force

13-2318. Civil judgments; injury to the state

The court shall not reduce or increase the judgment in a civil action under this title because of the imposition or failure to impose a sanction in a separate criminal prosecution involving the same conduct but shall determine the civil judgment solely according to the civil remedies that are provided under this chapter and chapter 39 of this title, including the amount of injury to the state. Injury to the state includes:

1. The expenditure of any public monies, including the expenses of law enforcement and prosecutors in pursuing civil and criminal remedies.

2. The amount of money or the value of other property that is exchanged or that would foreseeably be exchanged for prohibited drugs, marijuana or other prohibited chemicals or substances or that is used, made available to another or otherwise involved in a violation of section 13-2317. The exchange of a prohibited chemical or substance for gain is a foreseeable consequence of the manufacture, production, transportation or sale of the prohibited chemical or substance.

3. The acquisition or gain of proceeds as defined in section 13-2314 of any offense included in the definition of racketeering as defined in section 13-2301, subsection D, paragraph 4.
A.R.S. § 13-3823 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3823
13-3823 Access to records
Status: in_force

13-3823. Access to records

Except for use by law enforcement officers and for dissemination as provided in section 41-1750, a statement, photograph or fingerprint required by this article shall not be made available to any person.
A.R.S. § 13-421 — Arizona Code / Title 13 / Chapter 4 / Section 421
13-421 Justification; defensive display of a firearm; definition
Status: in_force

13-421. Justification; defensive display of a firearm; definition

A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.

B. This section does not apply to a person who:

1. Intentionally provokes another person to use or attempt to use unlawful physical force.

2. Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03.

C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.

D. For the purposes of this section, "defensive display of a firearm" includes:

1. Verbally informing another person that the person possesses or has available a firearm.

2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.

3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.
A.R.S. § 13-4440 — Arizona Code / Title 13 / Chapter 40 / Section 4440
13-4440 Notice of petition of factual innocence; right to be heard; hearing
Status: in_force

13-4440. Notice of petition of factual innocence; right to be heard; hearing

A. The victim has the right to be present and be heard at any proceeding in which a person's factual innocence is being considered pursuant to section 12-771.

B. The prosecuting agency shall provide written notice of the following to the victim:

1. The date, time and location of the hearing.

2. The victim's right to be present and be heard at the hearing.

C. If the court makes a determination of factual innocence pursuant to section 12-771, the prosecuting agency shall provide the victim with a copy of the court order within fifteen days after the order is entered.
A.R.S. § 13-3102.01 — Arizona Code / Title 13 / Chapter 31 / Section 3102.01
13-3102.01 Storage of deadly weapons; definitions
Status: in_force

13-3102.01. Storage of deadly weapons; definitions

A. If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove the weapon, the operator or sponsor shall provide temporary and secure storage. The storage shall be readily accessible on entry into the establishment or event and allow for the immediate retrieval of the weapon on exit from the establishment or event.

B. This section does not apply to the licensed premises of any public establishment or public event with a license issued pursuant to title 4.

C. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.

D. For the purposes of this section, "public establishment" and "public event" have the same meanings prescribed in section 13-3102.
A.R.S. § 13-1417 — Arizona Code / Title 13 / Chapter 14 / Section 1417
13-1417 Continuous sexual abuse of a child; classification
Status: in_force

13-1417. Continuous sexual abuse of a child; classification

A. A person who over a period of three months or more in duration engages in three or more acts in violation of section 13-1405, 13-1406 or 13-1410 with a child who is under fourteen years of age is guilty of continuous sexual abuse of a child.

B. Continuous sexual abuse of a child is a class 2 felony and is punishable pursuant to section 13-705.

C. To convict a person of continuous sexual abuse of a child, the trier of fact shall unanimously agree that the requisite number of acts occurred.  The trier of fact does not need to agree on which acts constitute the requisite number.

D. Any other felony sexual offense involving the victim shall not be charged in the same proceeding with a charge under this section unless the other charged felony sexual offense occurred outside the time period charged under this section or the other felony sexual offense is charged in the alternative.  A defendant may be charged with only one count under this section unless more than one victim is involved. If more than one victim is involved, a separate count may be charged for each victim.
A.R.S. § 13-3610 — Arizona Code / Title 13 / Chapter 36 / Section 3610
13-3610 Abandonment of spouse; classification
Status: in_force

13-3610. Abandonment of spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly abandons and leaves such spouse in a destitute condition, is guilty of a class 1 misdemeanor.
A.R.S. § 13-2805 — Arizona Code / Title 13 / Chapter 28 / Section 2805
13-2805 Influencing a juror; classification
Status: in_force

13-2805. Influencing a juror; classification

A. A person commits influencing a juror if such person threatens a juror or offers, confers or agrees to confer a benefit upon a juror with the intent to influence the juror's vote, opinion, decision or other action as a juror.

B. Influencing a juror is a class 4 felony.
A.R.S. § 13-3870.01 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3870.01
13-3870.01 Use of facsimile signature
Status: in_force

13-3870.01. Use of facsimile signature

For the purposes of this article, a facsimile of the signature of the governor that is applied at his direction and under his supervision is deemed to be the authorized signature of the governor.
A.R.S. § 13-3561 — Arizona Code / Title 13 / Chapter 35.1 / Section 3561
13-3561 Unlawful age misrepresentation; classification; definition
Status: in_force

13-3561. Unlawful age misrepresentation; classification; definition

A. A person commits unlawful age misrepresentation if the person is at least eighteen years of age, and knowing or having reason to know that the recipient of a communication is a minor, uses an electronic communication device to knowingly misrepresent the person's age for the purpose of committing any sexual offense involving the recipient that is listed in section 13-3821, subsection A.

B. It is not a defense to a prosecution for a violation of this section that the recipient is not a minor.

C. This section does not apply to peace officers who act in their official capacity within the scope of their authority and in the line of duty.

D. Unlawful age misrepresentation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section  13-705.

E. For the purposes of this section, "electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:

1. A computer, computer system or network as defined in section 13-2301.

2. A cellular or wireless telephone as defined in section 13-4801.
A.R.S. § 13-3882 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3882
13-3882 Time of making arrest
Status: in_force

13-3882. Time of making arrest

An arrest may be made on any day and at any time of the day or night.
A.R.S. § 13-2921.01 — Arizona Code / Title 13 / Chapter 29 / Section 2921.01
13-2921.01 Aggravated harassment; classification; definition
Status: in_force

13-2921.01. Aggravated harassment; classification; definition

A. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and, at the time of the offense, any of the following applies:

1. A court has issued any of the following orders in favor of the victim of harassment, the order was served on the person and the order was valid at the time of the offense:

(a) An order of protection issued pursuant to section 13-3602.

(b) An injunction against harassment issued pursuant to section 12-1809.

(c) Any other criminal-related injunction issued under the laws of this state.

2. A court has issued an order of protection on an emergency basis pursuant to section 13-3624 against the person in favor of the victim of harassment and the order was still in effect on the date of the offense.

3. The person has previously been convicted of an offense included in section 13-3601 committed against the victim of harassment.

4. A court has imposed a condition of release on the person that prohibits any contact with the victim of harassment and the court order was still in effect on the date of the offense.

B. A person who violates subsection A, paragraph 1, 2 or 4 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1, 2 or 4 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 3 of this section is guilty of a class 5 felony.

C. For the purposes of this section, "convicted" means a person who was convicted of an offense included in section 13-3601 or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.
A.R.S. § 13-1428 — Arizona Code / Title 13 / Chapter 14 / Section 1428
13-1428 Sexual extortion; classification; definition
Status: in_force

13-1428. Sexual extortion; classification; definition

A. A person commits sexual extortion by knowingly communicating a threat with the intent to coerce another person to do any of the following:

1. Engage in sexual contact or sexual intercourse.

2. Allow the other person's genitals, anus or female breast to be photographed, filmed, videotaped or digitally recorded.

3. Exhibit the other person's genitals, anus or female breast.

B. Sexual extortion is a class 3 felony 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 or commuted. If the victim is under fifteen years of age, sexual extortion is a class 2 felony and is punishable pursuant to section 13-705.

C. For the purposes of this section, "communicating a threat" means a threat to do any of the following:

1. Damage the property of the other person.

2. Harm the reputation of the other person.

3. Produce or distribute a photograph, film, videotape or digital recording that depicts the other person engaging in sexual contact or sexual intercourse or the exhibition of the other person's genitals, anus or female breast.
A.R.S. § 13-415 — Arizona Code / Title 13 / Chapter 4 / Section 415
13-415 Justification; domestic violence
Status: in_force

13-415. Justification; domestic violence

If there have been past acts of domestic violence as defined in section 13-3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under sections 13-404, 13-405 and 13-406 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence.
A.R.S. § 13-2809 — Arizona Code / Title 13 / Chapter 28 / Section 2809
13-2809 Tampering with physical evidence; classification
Status: in_force

13-2809. Tampering with physical evidence; classification

A. A person commits tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or which such person knows is about to be instituted, such person:

1. Destroys, mutilates, alters, conceals or removes physical evidence with the intent to impair its verity or availability; or

2. Knowingly makes, produces or offers any false physical evidence; or

3. Prevents the production of physical evidence by an act of force, intimidation or deception against any person.

B. Inadmissibility of the evidence in question is not a defense.

C. Tampering with physical evidence is a class 6 felony.
A.R.S. § 13-2322 — Arizona Code / Title 13 / Chapter 23 / Section 2322
13-2322 Unlawful transactions involving drop house properties; classification; definition
Status: in_force

13-2322. Unlawful transactions involving drop house properties; classification; definition

A. A person or company that owns, sells, leases or brokers a transaction involving property or real property that the person or company knows will be used as a drop house is guilty of a class 4 felony.

B. It is a defense to a prosecution pursuant to this section if both of the following apply:

1. The person or company acquires actual knowledge that the property or real property is being used as a drop house after the person or company acquires ownership of, sells, leases or brokers a transaction involving the property or real property.

2. The person or company reports this information to a law enforcement agency.

C. For the purposes of this section, "drop house" means property or real property that is used to facilitate smuggling pursuant to section 13-2319.
A.R.S. § 13-3403 — Arizona Code / Title 13 / Chapter 34 / Section 3403
13-3403 Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification
Status: in_force

13-3403. Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification

A. A person shall not knowingly:

1. Breathe, inhale or drink a vapor-releasing substance containing a toxic substance.

2. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age.

3. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation.

B. A person making a sale or transfer of a vapor-releasing glue containing a toxic substance shall require identification of the purchaser and shall record:

1. The name of the glue.

2. The date and hour of delivery.

3. The intended use of the glue.

4. The signature and address of the purchaser.

5. The signature of the seller or deliverer.

Such record shall be kept for three years and be available to board inspectors and peace officers.

C. The operator of a commercial establishment shall keep all vapor-releasing glue containing a toxic substance in a place that is unavailable to customers without the assistance of the operator or an employee of the establishment.

D. The operator of a commercial establishment selling vapor-releasing paints and varnishes containing a toxic substance dispensed by the use of any aerosol spray device shall conspicuously display an easily legible sign of not less than eleven by fourteen inches which states: "Warning: inhalation of vapors can be dangerous".

E. This section is not applicable to the transfer of a vapor-releasing substance containing a toxic substance from a parent or guardian to his child or ward, or the sale or transfer made for manufacturing or industrial purposes.

F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to substances certified by the department of health services as containing an additive that inhibits inhalation or induces sneezing.

G. A person who violates any provision of this section is guilty of a class 5 felony, but the court, having regard to the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.  The offense shall be treated as a felony for all purposes until such time as the court enters an order designating the offense a misdemeanor.

H. For the purposes of subsections A and E, "vapor-releasing substance containing a toxic substance" means paint or varnish dispensed by the use of aerosol spray, or any glue, that releases vapors or fumes containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride, mesityl oxide, xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or diacetone alcohol or isobutyl nitrite.
A.R.S. § 13-2402 — Arizona Code / Title 13 / Chapter 24 / Section 2402
13-2402 Obstructing governmental operations; classification
Status: in_force

13-2402. Obstructing governmental operations; classification

A. A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, such person knowingly obstructs, impairs or hinders:

1. The performance of a governmental function by a public servant acting under color of his official authority; or

2. The enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his official authority.

B. This section does not apply to the obstruction, impairment or hinderance of the making of an arrest.

C. Obstructing governmental operations is a class 1 misdemeanor.
A.R.S. § 13-1819 — Arizona Code / Title 13 / Chapter 18 / Section 1819
13-1819 Organized retail theft; classification
Status: in_force

13-1819. Organized retail theft; classification

A. A person commits organized retail theft if the person acting alone or in conjunction with another person does any of the following:

1. Removes merchandise from a retail establishment without paying the purchase price with the intent to resell or trade the merchandise for money or for other value.

2. Uses an artifice, instrument, container, device or other article to facilitate the removal of merchandise from a retail establishment without paying the purchase price.

B. Organized retail theft is a class 4 felony.
A.R.S. § 13-3105 — Arizona Code / Title 13 / Chapter 31 / Section 3105
13-3105 Forfeiture of weapons and explosives
Status: in_force

13-3105. Forfeiture of weapons and explosives

A. On the conviction of any person for a violation of any felony in this state in which a deadly weapon, dangerous instrument or explosive was used, displayed or unlawfully possessed by the person, the court shall order the article forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.

B. On the conviction of any person for a violation of section 13-2904, subsection A, paragraph 6 or section 13-3102, subsection A, paragraph 1 or 8, the court may order the forfeiture of the deadly weapon or dangerous instrument involved in the offense.

C. If at any time the court finds pursuant to rule 11 of the Arizona rules of criminal procedure that a person who is charged with a violation of this title is incompetent, the court shall order that any deadly weapon, dangerous instrument or explosive used, displayed or unlawfully possessed by the person during the commission of the alleged offense be forfeited and sold within one year after its forfeiture to any business that is authorized to receive and dispose of the article under federal and state law and that shall sell the article to the public according to federal and state law, unless the article is otherwise prohibited from being sold under federal and state law, in which case it shall be destroyed or otherwise properly disposed.
A.R.S. § 13-3710 — Arizona Code / Title 13 / Chapter 37 / Section 3710
13-3710 Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages
Status: in_force

13-3710. Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages

A. A person who for profit does either of the following is guilty of a class 1 misdemeanor:

1. Knowingly attaches or causes to be attached any device or devices to a television set, videotape recorder or other equipment intended to receive television transmissions or incorporates or causes to be incorporated any device into a television set, videotape recorder or other equipment intended to receive television transmissions for the purpose of intercepting or decoding any transmission by a duly licensed over-the-air subscription television service which the person is not authorized by the subscription television service to receive and decode.

2. Manufactures, distributes or sells any device, plan or kit for a device capable of intercepting or decoding transmissions by a duly licensed over-the-air subscription television service, with the intention that such device, plan or kit be used for such intercepting or decoding, unless authorized by the over-the-air subscription television service.

B. A person who suffers injury to his business or property arising out of the violation of this section may maintain an action in the superior court for the recovery of damages or for an injunction, or both. The successful party is entitled to recover reasonable attorney fees as fixed by the court.
A.R.S. § 13-4137 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4137
13-4137 Custody pending judgment
Status: in_force

13-4137. Custody pending judgment

Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county or place him in such care, or under such custody, as his age or circumstances may require.
A.R.S. § 13-1215 — Arizona Code / Title 13 / Chapter 12 / Section 1215
13-1215 Hazing; classification; definition
Status: in_force

13-1215. Hazing; classification; definition

A. A person commits hazing by intentionally, knowingly or recklessly, for the purpose of preinitiation activities, pledging, initiating, holding office, admitting or affiliating a minor or student into or with an organization or for the purpose of continuing, reinstating or enhancing a minor's or student's membership or status in an organization, causes, coerces or forces a minor or student to engage in or endure any of the following:

1. Sexual humiliation or brutality, including forced nudity or an act of sexual penetration, or both.

2. Conduct or conditions, including physical or psychological tactics, that are reasonably calculated to cause severe mental distress to the minor or student, including activities that are reasonably calculated to cause the minor or student to harm themselves or others.

3. The consumption of any food, nonalcoholic liquid, alcoholic liquid, drug or other substance that poses a substantial risk of death, physical injury or emotional harm.

4. An act of restraint, confinement in a small space or significant sleep deprivation.

5. Conduct or conditions that violate a federal or state criminal law and that pose a substantial risk of death or physical injury.

6. Physical brutality or any other conduct or conditions that pose a substantial risk of death or physical injury, including whipping, beating, paddling, branding, electric shocking, placing harmful substances on the body, excessive exercise or calisthenics or unhealthy exposure to the elements.

B. This section does not apply to reasonable and customary athletic, law enforcement or military training, contests, competitions or events.

C. A person may not be charged with or prosecuted for hazing or for a crime arising out of hazing if the evidence for the violation was gained solely as a result of either of the following:

1. The person transported the minor or student who was experiencing a medical emergency to a law enforcement agency, campus security office or health care facility.

2. The person, promptly and in good faith, reported the medical event caused by the hazing to a law enforcement officer, 911 or E911 service, campus security officer or emergency services personnel and the person reasonably believed that the minor or student needed immediate medical attention that was necessary to prevent the death of or serious physical injury to the minor or student.  This paragraph applies only to a person to whom all of the following apply:

(a) If physically capable, the person provided the person's name and the location of the minor or student who was in need of medical attention.

(b) The person remained with the minor or student until a law enforcement officer, campus security officer or emergency services personnel arrived.

(c) The person cooperated with law enforcement, campus security or emergency services personnel.

D. Subsection C of this section does not do any of the following:

1. Prohibit charging or prosecuting a person for a violation of this section if law enforcement obtains evidence of the violation before or independent of the person's act of seeking or obtaining medical assistance pursuant to subsection C of this section.

2. Prohibit the admissibility of evidence in connection with an investigation and prosecution for any other crime that is not prohibited by subsection C of this section.

3. Prohibit the admissibility of evidence in connection with the investigation and prosecution of a violation of this section against another person who is not immune from prosecution pursuant to subsection C of this section.

E. It is not a defense to hazing if either of the following applies:

1. The victim or person against whom the hazing was directed, acquiesced or consented, whether implied or expressed, to the conduct.

2. The conduct was sanctioned or approved by the organization or the educational institution or the conduct was traditional and customary, or both.

F. Hazing is a class 1 misdemeanor, except that if the hazing results in a person's death it is a class 4 felony.

G. For the purposes of this section, "organization" means any official fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team or similar group whose members are primarily students at, or former students of, a high school or postsecondary institution.
A.R.S. § 13-3409 — Arizona Code / Title 13 / Chapter 34 / Section 3409
13-3409 Involving or using minors in drug offenses; classification
Status: in_force

13-3409. Involving or using minors in drug offenses; classification

A. A person shall not knowingly:

1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408.

2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.

B. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection E.

C. 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 two thousand dollars or three times the value as determined by the court of the substance 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.
A.R.S. § 13-3863 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3863
13-3863 Application for issuance of requisition; by whom made; contents
Status: in_force

13-3863. Application for issuance of requisition; by whom made; contents

When the return to this state of a person charged with crime in this state is required, the attorney general or county attorney of the county in which the offense is committed shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, and the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the attorney general or county attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged. The attorney general or county attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
A.R.S. § 13-4133 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4133
13-4133 Effect of defect in form
Status: in_force

13-4133. Effect of defect in form

If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of a justice of the peace, such person shall not be discharged from imprisonment or custody on the ground of a mere defect of form in the warrant or commitment.
A.R.S. § 13-821 — Arizona Code / Title 13 / Chapter 8 / Section 821
13-821 Fines for drug offenses
Status: in_force

13-821. Fines for drug offenses

A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a violation of chapter 34 of this title, the court may order the person to pay a fine in one of the following amounts:

1. For a first offense, at least one thousand dollars.

2. For a second or subsequent offense, at least two thousand dollars.

B. The court may suspend the imposition of a fine pursuant to this section if the person agrees to enter a residential drug rehabilitation program approved by the court and to pay for all or a part of the costs associated with the rehabilitation program. On successfully completing the program, the person may apply to the court for a reduction in the amount of the fine imposed pursuant to this section. If the person establishes to the satisfaction of the court that the person successfully completed the program, the court may reduce the fine by the amount the person paid to participate in the rehabilitation program. If the person fails to complete the program, the court shall enforce the collection of the entire fine that was imposed pursuant to subsection A.

C. The court shall transmit the monies collected pursuant to this section to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11.
A.R.S. § 13-3851 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3851
13-3851 Noncompliance with preceding section; classification
Status: in_force

13-3851. Noncompliance with preceding section; classification

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant in disobedience to section 13-3850, shall be guilty of a class 2 misdemeanor.
A.R.S. § 13-1813 — Arizona Code / Title 13 / Chapter 18 / Section 1813
13-1813 Gift card theft; classification; definition
Status: in_force

13-1813. Gift card theft; classification; definition

A. A person commits gift card theft if, with the intent to defraud, the person knowingly does any of the following:

1. Acquires possession of a gift card or gift card information without the consent of the gift card holder, issuer or seller.

2. Acquires possession of a gift card or gift card information by exploiting the gift card holder, issuer or seller.

3. Obtains money, goods, services or anything else of value with a gift card or gift card information that was acquired in violation of paragraph 1 of this subsection.

B. Gift card theft is a class 4 felony.

C. For the purposes of this section, "gift card" means a physical or digital closed-loop or open-loop gift card that is activated or inactivated.
A.R.S. § 13-405 — Arizona Code / Title 13 / Chapter 4 / Section 405
13-405 Justification; use of deadly physical force
Status: in_force

13-405. Justification; use of deadly physical force

A. A person is justified in threatening or using deadly physical force against another:

1. If such person would be justified in threatening or using physical force against the other under section 13-404, and

2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.

B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
A.R.S. § 13-4519 — Arizona Code / Title 13 / Chapter 41 / Section 4519
13-4519 Detention of defendant during insanity; restoration to sanity
Status: in_force

13-4519. Detention of defendant during insanity; restoration to sanity

If a defendant is committed to the state hospital for the reason that he is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, if charged with a crime, or for the reason that he is found insane after conviction and prior to pronouncing sentence, he shall be detained in the state hospital until he becomes sane. When the defendant becomes sane, the superintendent of the state hospital shall give notice of that fact to the sheriff and county attorney of the county. The sheriff shall thereupon, without delay, bring the defendant from the state hospital and place him in proper custody, until he is brought to trial or sentenced, or is legally discharged.
A.R.S. § 13-4236 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4236
13-4236 Additional pleadings; summary disposition; amendments
Status: in_force

13-4236. Additional pleadings; summary disposition; amendments

A. Forty-five days after the filing of the petition, the state shall file with the court a response. Affidavits, the record and other evidence that are available to the state and that contradict the allegations of the petition shall be attached to the response. On a showing of good cause, the state may be granted a thirty day extension in which to file a response. Additional extensions shall be granted only in extraordinary circumstances.

B. Within fifteen days after receipt of the response, the defendant may file a reply. Extensions shall be granted only in extraordinary circumstances.

C. The court shall review the petition within twenty days after the defendant's reply is due. On reviewing the petition, response, reply, files and records, and disregarding defects of form, the court shall identify all procedurally precluded claims under this article. If after identifying all precluded claims the court determines that no material issue of fact or law exists which would entitle the defendant to relief under this article and that no purpose would be served by any further proceedings, the court shall order the petition dismissed. If the court does not order the petition dismissed, the court shall set a hearing within thirty days on those claims that present a material issue of fact or law. If a hearing is ordered, the state shall notify the victim on request of the time and place of the hearing.

D. After the filing of a post-conviction relief petition, amendments are not permitted except by leave of the court on a showing of extraordinary circumstances.
A.R.S. § 13-4294 — Arizona Code / Title 13 / Chapter 38 / Article 34 / Section 4294
13-4294 Cell site simulator device search warrant; issuance; grounds; requirements; notice; prohibited uses; nontarget data
Status: in_force

13-4294. Cell site simulator device search warrant; issuance; grounds; requirements; notice; prohibited uses; nontarget data

A. A cell site simulator device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person using the communications device to be identified.  If the magistrate is satisfied that probable cause exists for the issuance of a cell site simulator device search warrant, the magistrate shall issue the search warrant commanding the use of a cell site simulator device.

B. A cell site simulator device search warrant may be issued on the following grounds:

1. When the communications device to be identified is in the possession of a person who has used the communications device, is using the communications device or is about to use the communications device as a means of committing a public offense.

2. When the communications device to be identified constitutes any evidence that tends to show that a particular public offense has been committed or tends to show that a particular person has committed or is committing the public offense.

C. The cell site simulator device search warrant shall authorize use of the cell site simulator device any time of the day or night and shall specify a reasonable length of time that the cell site simulator device may be used that does not exceed sixty days after the date that the search warrant was signed. The court may grant one or more extensions of a cell site simulator device search warrant if an affidavit in support of an extension is made and the court makes the findings required by subsections A and B of this section. The period of each extension may not be longer than the authorizing magistrate deems necessary to achieve the purposes for which the extension was granted and may not exceed sixty days.

D. A cell site simulator device search warrant must be initiated within ten calendar days after the search warrant's issuance. On the expiration of the ten-day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The cell site simulator device search warrant must be returned to a magistrate within three court business days after the authorization period of the search warrant expires. The return shall state the time and date that the device was used.

E. Within ninety days after the cell site simulator device's use ends, a copy of the cell site simulator device search warrant must be served on the person whose communications device was identified. Service of the notice may be accomplished by any of the following methods:

1. Delivering a copy to the person whose communications device was identified at the person's known place of residence.

2. If the person's residence is unknown, by mailing a copy to the subscriber of the communications device.

3. Any other method that the court directs.

F. The court may delay the notice of cell site simulator device use that is required by subsection E of this section in the same manner prescribed in section 13-3919, subsection B.

G. A cell site simulator device may not be used to intercept, obtain or access the content of any stored oral, wire or electronic communication unless the interception or access is authorized by chapter 30 of this title. A cell site simulator device may be used to track a communications device pursuant to section 13-4293.

H. If the cell site simulator device is used to locate or track a known communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate.

I. If the cell site simulator device is used to identify an unknown communications device, all nontarget data must be destroyed within sixty court business days after the return of the search warrant to a magistrate unless a court orders the nontarget data to be preserved.
A.R.S. § 13-3733 — Arizona Code / Title 13 / Chapter 37 / Section 3733
13-3733 Failure to maintain adequate records; intentional destruction of records; classification; definition
Status: in_force

13-3733. Failure to maintain adequate records; intentional destruction of records; classification; definition

A. A person commits failure to maintain adequate records if the Arizona health care cost containment system determines that a sufficient basis exists that the person has engaged in fraud related to the Arizona health care cost containment system, the Arizona health care cost containment system refers the investigation to a criminal justice agency and, when submitting a claim for or receiving payment for behavioral health services pursuant to title 36, chapter 29, article 1 or title 36, chapter 34, the person does either of the following:

1. Knowingly fails to maintain records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based in accordance with section 12-2297.

2. Knowingly fails to report the destruction of records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based.

B. A person who violates subsection A, paragraph 1 of this section is guilty of a class 1 misdemeanor.  A person who violates subsection A, paragraph 2 of this section is guilty of a class 2 misdemeanor.

C. For the purposes of this section, "behavioral health services" has the same meaning prescribed in section 36-401.
A.R.S. § 13-804.01 — Arizona Code / Title 13 / Chapter 8 / Section 804.01
13-804.01 Reimbursement of incarceration costs; misdemeanors
Status: in_force

13-804.01. Reimbursement of incarceration costs; misdemeanors

A. The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to reimburse the political subdivision that is responsible for the costs of the person's incarceration for the incarceration costs.

B. The court may determine the amount of incarceration costs to be paid based on the following factors:

1. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person.

2. The person's ability to pay part or all of the incarceration costs.
A.R.S. § 13-501 — Arizona Code / Title 13 / Chapter 5 / Section 501
13-501 Persons under eighteen years of age; felony charging; definitions
Status: in_force

13-501. Persons under eighteen years of age; felony charging; definitions

A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of section 13-1105.

2. Second degree murder in violation of section 13-1104.

3. Forcible sexual assault in violation of section 13-1406.

4. Armed robbery in violation of section 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony offender.

7. Any offense that is properly joined to an offense listed in this subsection.

B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in chapters 10 through 17 or chapter 19 or 23 of this title.

4. A class 3, 4, 5 or 6 felony involving a dangerous offense.

5. Any felony offense committed by a chronic felony offender.

6. Any offense that is properly joined to an offense listed in this subsection.

C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender.  Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.

E. On motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender.  At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to section 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue.

F. Except as provided in section 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted.

G. Unless otherwise provided by law, nothing in this section shall be construed as to confer jurisdiction in the juvenile court over any person who is eighteen years of age or older.

H. For the purposes of this section:

1. "Accused" means a juvenile against whom a complaint, information or indictment is filed.

2. "Chronic felony offender" means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

3. "Forcible sexual assault" means sexual assault pursuant to section 13-1406 that is committed without consent as defined in section 13-1401, paragraph 7, subdivision (a).

4. "Other violent felony offense" means:

(a) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 1.

(b) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to section 13-1209.

(d) Discharging a firearm at a structure pursuant to section 13-1211.
A.R.S. § 13-3509 — Arizona Code / Title 13 / Chapter 35 / Section 3509
13-3509 Duty to report; classification
Status: in_force

13-3509. Duty to report; classification

A. A person who is asked to record, film, photograph, develop or duplicate any visual or print medium depicting sexual activity, whether or not the person would be compensated, shall immediately report, or cause a report to be made of, such request to a municipal or county peace officer. The report shall include the name or names of the person, persons or business making the request, if known, and shall describe what was requested.

B. A person who knowingly violates this section is guilty of a class 6 felony.
A.R.S. § 13-104 — Arizona Code / Title 13 / Chapter 1 / Section 104
13-104 Rule of construction
Status: in_force

13-104. Rule of construction

The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be construed according to the fair meaning of their terms to promote justice and effect the objects of the law, including the purposes stated in section 13-101.
A.R.S. § 13-2104 — Arizona Code / Title 13 / Chapter 21 / Section 2104
13-2104 Forgery of credit card; classification
Status: in_force

13-2104. Forgery of credit card; classification

A. A person commits forgery of a credit card if the person:

1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or

2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.

B. Forgery of a credit card is a class 4 felony.
A.R.S. § 13-3412 — Arizona Code / Title 13 / Chapter 34 / Section 3412
13-3412 Exceptions and exemptions; burden of proof; privileged communications
Status: in_force

13-3412. Exceptions and exemptions; burden of proof; privileged communications

A. The provisions of sections 13-3402 and 13-3403, section 13-3404.01, subsection A, paragraph 1 and sections 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of such carrier or warehouseman, whose possession of drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27 or the rules adopted pursuant to title 36, chapter 27.

8. The receipt, possession or use of a controlled substance included in schedule I of section 36-2512 or the rules adopted pursuant to section 36-2512, by any seriously ill or terminally ill patient, pursuant to the prescription of a doctor in compliance with section 13-3412.01.

B. Section 13-3407 does not apply to licensed veterinarians who lawfully acquire, use, prescribe, dispense or administer any dangerous drug while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

C. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.

D. In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is not a privileged communication.
A.R.S. § 13-4312 — Arizona Code / Title 13 / Chapter 39 / Section 4312
13-4312 Judicial in personam forfeiture proceedings
Status: in_force

13-4312. Judicial in personam forfeiture proceedings

A. Any complaint, information or indictment alleging or charging one or more offenses included in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, or any other offense giving rise to forfeiture under this title, shall set forth with reasonable particularity property that the state seeks to forfeit pursuant to this section in that action, if any.

B. Notwithstanding subsection C of this section, a temporary restraining order under this section may be entered on application of the state without notice or an opportunity for a hearing if the state demonstrates both that:

1. The seizure is incident to a lawful arrest for a crime or a search lawfully conducted pursuant to a search warrant and the state has probable cause to believe that the property with respect to which the order is sought would, if a conviction occurs, be subject to forfeiture under this title and that the subject of the arrest or search warrant is an owner of the property.

2. Provision of notice will jeopardize the availability of the property for forfeiture.  A temporary restraining order expires within ten days after the date on which it is entered unless the party against whom it is entered consents to an extension for a longer period or unless the state can demonstrate the property is being held as evidence in a criminal case.

C. Notice of the entry of the restraining order and an opportunity for a hearing shall be afforded to persons known to have an interest in the property, whether or not a temporary restraining order is entered without notice. The hearing, however, is limited to the issues of whether both:

1. There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, concealed or otherwise made unavailable for forfeiture.

2. The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner, interest holder or defendant against whom the order is to be entered.

D. A hearing requested by any owner or interest holder concerning an order entered under this section shall be held at the earliest possible time and before the expiration of a temporary order.
A.R.S. § 13-4426 — Arizona Code / Title 13 / Chapter 40 / Section 4426
13-4426 Sentencing
Status: in_force

13-4426. Sentencing

A. The victim may present evidence, information and opinions that concern the criminal offense, the defendant, the sentence or the need for restitution at any aggravation, mitigation, presentencing or sentencing proceeding.

B. At any disposition proceeding the victim has the right to be present and to address the court.
A.R.S. § 13-754 — Arizona Code / Title 13 / Chapter 7.1 / Section 754
13-754 Capital defendant prescreening evaluation for competency and sanity
Status: in_force

13-754. Capital defendant prescreening evaluation for competency and sanity

A. If the state files a notice of intent to seek the death penalty, unless the defendant objects, the court shall appoint a psychologist or psychiatrist licensed pursuant to title 32, chapter 13, 17 or 19.1 to conduct a prescreening evaluation to determine if reasonable grounds exist to conduct another examination to determine the following:

1. The defendant's competency to stand trial.

2. Whether the defendant was sane at the time the defendant allegedly committed the offense.

B. The court may appoint separate psychological experts to conduct each of the evaluations ordered pursuant to subsection A.

C. The court shall seal any psychological expert's report pursuant to this section, and the report shall only be available to the defendant.  The report shall be released on the motion of any party if the defendant introduces the report in the present case, raises a mental health defense at trial or sentencing or is convicted of an offense in the present case and the sentence is final.

D. If the prescreening evaluation indicates that reasonable grounds exist to conduct another examination as prescribed by subsection A, the court shall treat the prescreening evaluation as a preliminary examination pursuant to rule 11.2(c) of the Arizona rules of criminal procedure and shall proceed in accordance with rule 11 of the Arizona rules of criminal procedure.
A.R.S. § 13-3622 — Arizona Code / Title 13 / Chapter 36 / Section 3622
13-3622 Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to underage person; underage person accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions
Status: in_force

13-3622. Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to underage person; underage person accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions

A. A person who knowingly sells, gives or furnishes a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, including a hookah or waterpipe, to a person who is under twenty-one years of age is guilty of a petty offense.

B. Except as provided in section 36-798.07, a person who is under twenty-one years of age and who buys, or has in the person's possession or knowingly accepts or receives from any person, a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, shall pay a fine of at least $100 or perform at least thirty hours of community restitution.

C. A person who is under twenty-one years of age who misrepresents the  person's age to another person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13-802, shall pay a fine of not more than $500.

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

1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.

2. Any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a person who is under twenty-one years of age if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the person who is under twenty-one years of age to smoke or ingest tobacco or shisha.

E. For the purposes of this section:

1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.

2. "Tobacco product" means any of the following:

(a) Cigars.

(b) Cigarettes.

(c) Cigarette papers of any kind.

(d) Smoking tobacco of any kind.

(e) Chewing tobacco of any kind.

3. "Vapor product":

(a) Means a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges.

(b) Does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug, and cosmetic act.
A.R.S. § 13-1706 — Arizona Code / Title 13 / Chapter 17 / Section 1706
13-1706 Burning of wildlands; exceptions; classification
Status: in_force

13-1706. Burning of wildlands; exceptions; classification

A. It is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with criminal negligence to set or cause to be set on fire any wildland other than the person's own or to permit a fire that was set or caused to be set by the person to pass from the person's own grounds to the grounds of another person.

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

1. Open burning that is lawfully conducted in the course of agricultural operations.

2. Fire management operations that are conducted by a political subdivision.

3. Prescribed or controlled burns that are conducted with written authority from the state forester.

4. Lawful activities that are conducted pursuant to any rule, regulation or policy that is adopted by a state, tribal or federal agency.

5. In absence of a fire ban or other burn restrictions to a person on public lands, setting a fire for purposes of cooking or warming that does not spread sufficiently from its source to require action by a fire control agency.

C. A person who violates this section is guilty of an offense as follows:

1. If done with criminal negligence, the offense is a class 2 misdemeanor.

2. If done recklessly, the offense is a class 1 misdemeanor.

3. If done intentionally or knowingly and the person knows or reasonably should know that the person's conduct violates any order or rule that is issued by a governmental entity and that prohibits, bans, restricts or otherwise regulates fires during periods of extreme fire hazard, the offense is a class 6 felony.

4. If done intentionally and the person's conduct places another person in danger of death or serious bodily injury or places any building or occupied structure of another person in danger of damage, the offense is a class 3 felony.
A.R.S. § 13-1806 — Arizona Code / Title 13 / Chapter 18 / Section 1806
13-1806 Unlawful failure to return rented or leased property; notice; classification
Status: in_force

13-1806. Unlawful failure to return rented or leased property; notice; classification

A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreement.

B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement:

1. The date and time the property is required to be returned.

2. The maximum penalties if the property is not returned within seventy-two hours of the date and time listed in paragraph 1.

C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy-two hours from the date and time of the failure to pay any periodic lease payment required by the lease.

D. It is a defense to prosecution under this section that the defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time.

E. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony.  In all other cases, unlawful failure to return rented or leased property is a class 1 misdemeanor.
A.R.S. § 13-3017 — Arizona Code / Title 13 / Chapter 30 / Section 3017
13-3017 Ex parte order for pen register or trap and trace device
Status: in_force

13-3017. Ex parte order for pen register or trap and trace device

A. Any prosecuting attorney or investigating peace officer of this state or its political subdivisions may apply to any justice of the supreme court, judge of the court of appeals, judge of the superior court or magistrate for an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The application shall be made in writing and under oath and shall state:

1. The name and title of the applicant.

2. The attributes of the communication, including the number or other identifier, the identity, if known, of the subscriber and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.

3. A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation.

4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

B. On proper application pursuant to subsection A, the judge shall issue an ex parte order authorizing the installation and use of a pen register or trap and trace device or process if the judge finds that the applicant has certified that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation. On service, the order applies to any person or entity that provides wire or electronic communication service in this state or that does business in this state and whose assistance may facilitate the execution of the order.  If an order is served on any person or entity that is not specifically named in the order and on request of the person or entity, the prosecuting attorney or peace officer who serves the order shall provide written or electronic certification that the order applies to the person or entity being served. An order that is issued under this subsection shall specify all of the following:

1. The identity, if known, of the subscriber of the communication service or telephone line to which the pen register or trap and trace device is to be attached or applied.

2. The attributes of the communication to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.

3. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.

4. That, on the request of the applicant, the communication service provider shall furnish information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device and to identify subscribers of any communication facility or telephone number obtained by operation of such device.

C. An order that is issued under this section authorizes the installation and use of a pen register or trap and trace device for a period of not to exceed sixty days. Extensions of the order may be granted, but only on an application and judicial finding pursuant to subsections A and B. The period of each extension granted shall not exceed sixty days.
A.R.S. § 13-4241 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4241
13-4241 Postconviction request for advanced forensic testing
Status: in_force

13-4241. Postconviction request for advanced forensic testing

A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request that any evidence that is in the possession or control of the court or the state and that is related to the investigation or prosecution that resulted in the judgment of conviction either be:

1. Forensically tested using a technique that was not available at the time of sentencing and that has become widely accepted in the scientific community through advances in technology.

2. Uploaded to searchable local, state or national databases that are subject to the standards imposed by the agency that is responsible for managing the database.

B. After notice to the prosecutor and an opportunity to respond, the court shall order the new forensic testing if the court finds that all of the following apply:

1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through the new forensic testing.

2. The evidence is still in existence and is in a condition that allows the new forensic testing to be conducted.

3. The evidence was not previously subjected to the new forensic testing or was not subjected to the analysis or comparison that is now requested.

4. The new forensic testing may resolve an issue that was not previously resolved by any other testing.

C. If the court orders testing, the court shall order the method and responsibility for payment, if necessary.

D. The court may appoint counsel for an indigent petitioner at any time during any proceedings under this section.

E. The court may make any orders that the court deems appropriate, including designating any of the following:

1. The procedures to ensure a proper chain of custody and integrity of the evidence.

2. The preservation of some of the sample for replicating the testing.

3. Elimination samples from third parties.

F. If the new forensic testing must be performed in a laboratory, the new forensic testing must be performed by the department of public safety crime laboratory unless the original investigating agency has a laboratory that is capable of performing the new forensic testing or the parties mutually agree on another internationally accredited laboratory.

G. This section does not require this state or a law enforcement agency in this state to retain evidence beyond any time period that is established by law.
A.R.S. § 13-3890 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3890
13-3890 Fingerprinting at time of arrest; order for fingerprints; retention
Status: in_force

13-3890. Fingerprinting at time of arrest; order for fingerprints; retention

A. A person who is arrested for an offense listed in section 41-1750, subsection C shall be fingerprinted in legible form by the arresting authority or the custodial agency.

B. The court shall order an arrested person to appear at a designated time and place for fingerprinting on petition of the arresting authority or custodial agency stating that the person refused to provide fingerprints in a legible form.

C. Fingerprints received pursuant to this section shall be retained indefinitely.
A.R.S. § 13-1420 — Arizona Code / Title 13 / Chapter 14 / Section 1420
13-1420 Sexual offense; evidence of similar crimes; definition
Status: in_force

13-1420. Sexual offense; evidence of similar crimes; definition

A. If the defendant is charged with committing a sexual offense, the court may admit evidence that the defendant committed past acts that would constitute a sexual offense and may consider the bearing this evidence has on any matter to which it is relevant.

B. This section does not limit the admission or consideration of evidence under any court rule.

C. For the purposes of this section, "sexual offense" means any of the following:

1. Sexual abuse in violation of section 13-1404.

2. Sexual conduct with a minor in violation of section 13-1405.

3. Sexual assault in violation of section 13-1406.

4. Sexual assault of a spouse if the offense was committed before the effective date of this amendment to this section.

5.  Molestation of a child in violation of section 13-1410.

6. Continuous sexual abuse of a child in violation of section 13-1417.

7. Sexual misconduct by a behavioral health professional in violation of section 13-1418.

8. Commercial sexual exploitation of a minor in violation of section 13-3552.

9. Sexual exploitation of a minor in violation of section 13-3553.
A.R.S. § 13-3987 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3987
13-3987 Harmless error
Status: in_force

13-3987. Harmless error

Neither a departure from the form or mode prescribed in respect to any pleadings or proceedings, nor an error or mistake therein, shall render the pleading or proceeding invalid, unless it actually has prejudiced, or tended to prejudice, the defendant in respect to a substantial right.
A.R.S. § 13-4416 — Arizona Code / Title 13 / Chapter 40 / Section 4416
13-4416 Notice of release, discharge or escape from a mental health treatment agency
Status: in_force

13-4416. Notice of release, discharge or escape from a mental health treatment agency

A. If the victim has made a request for notice, a mental health treatment agency shall mail to the victim at least ten days before the release or discharge of the person accused or convicted of committing a criminal offense against the victim, notice of the release or discharge of the person who is placed by court order in a mental health treatment agency pursuant to section 13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707.

B. A mental health treatment agency shall mail to the victim immediately after the escape or subsequent readmission of the person accused or convicted of committing a criminal offense against the victim, notice of the escape or subsequent readmission of the person who is placed by court order in a mental health treatment agency pursuant to section  13-3992, 31-226, 31-226.01, 36-540.01, 36-541.01 or 36-3707.
A.R.S. § 13-4431 — Arizona Code / Title 13 / Chapter 40 / Section 4431
13-4431 Minimizing victim's contacts
Status: in_force

13-4431. Minimizing victim's contacts

Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the victim's immediate family and the victim's witnesses and the defendant, the defendant's immediate family and defense witnesses.
A.R.S. § 13-3461 — Arizona Code / Title 13 / Chapter 34.1 / Section 3461
13-3461 Placebos; exemption from coverage
Status: in_force

13-3461. Placebos; exemption from coverage

Notwithstanding any contrary statute, the manufacture, distribution, possession, possession with intent to distribute or possession with intent to use placebos in this state by the following persons is not unlawful:

1. Exempt manufacturers, wholesalers and pharmacists under sections 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire placebos and use them only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of this state and peace officers while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection or a registered nurse or medical technician under the supervision of a medical practitioner while the employee, agent, nurse or technician is acting in the course of his professional practice or employment and not on his own account.

6. A common or contract carrier or warehouseman or an employee of such a carrier or warehouseman whose possession of placebos is in the usual course of business or employment.
A.R.S. § 13-4409 — Arizona Code / Title 13 / Chapter 40 / Section 4409
13-4409 Notice of criminal proceedings
Status: in_force

13-4409. Notice of criminal proceedings

A. Except as provided in subsection B, the court shall provide notice of criminal proceedings, for criminal offenses filed by information, complaint or indictment, except initial appearances and arraignments, to the prosecutor's office at least five days before a scheduled proceeding to allow the prosecutor's office to provide notice to the victim.

B. If the court finds that it is not reasonable to provide the five days' notice to the prosecutor's office under subsection A, the court shall state in the record why it was not reasonable to provide five days' notice.

C. On receiving the notice from the court, the prosecutor's office shall, on request, give notice to the victim in a timely manner of scheduled proceedings and any changes in that schedule, including any continuances.
A.R.S. § 13-3859 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3859
13-3859 Persons under criminal prosecution in this state at time of requisition
Status: in_force

13-3859. Persons under criminal prosecution in this state at time of requisition

A. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor either may surrender the person on demand of the executive authority of another state or may hold the person until the person has been tried and discharged or convicted and punished in this state.

B. This article does not constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime that was committed in this state or to regain custody of a demanded person by extradition proceedings or otherwise for the purposes of trial, sentencing or punishment for any crime that was committed in this state. A proceeding under this article that results or fails to result in extradition is not a waiver by this state of its right, power or privilege.
A.R.S. § 13-3416 — Arizona Code / Title 13 / Chapter 34 / Section 3416
13-3416 Probationer; payment of costs
Status: in_force

13-3416. Probationer; payment of costs

In addition to any other fines or assessments, persons placed on probation for a violation of this chapter with a condition to participate in community restitution, drug testing or antidrug abuse education may be required by the court to pay any reasonable costs associated with participation in these programs.
A.R.S. § 13-715 — Arizona Code / Title 13 / Chapter 7 / Section 715
13-715 Special sentencing provisions; human smuggling organization
Status: in_force

13-715. Special sentencing provisions; human smuggling organization

A person who is convicted of committing any felony offense with the intent to promote, further or assist a human smuggling organization that operates for the goal or purpose of human trafficking or human smuggling 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. § 13-3816 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3816
13-3816 Offense or threat in presence of magistrate; bond
Status: in_force

13-3816. Offense or threat in presence of magistrate; bond

A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give bond as required in this article, and if he fails to do so he may be committed as provided by this article.
A.R.S. § 13-1405 — Arizona Code / Title 13 / Chapter 14 / Section 1405
13-1405 Sexual conduct with a minor; classification
Status: in_force

13-1405. Sexual conduct with a minor; classification

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

B. Sexual conduct with a minor who is twelve years of age or under and who suffers serious physical injury is a class 1 felony and is punishable by imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.  Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-705.  Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony.  Sexual conduct with a minor who is at least fifteen years of age is a class 4 felony if the person is more than sixty months older than the victim and is older than twenty-one years of age at the time of the offense and, if placed on probation, the convicted person shall be sentenced to serve one year in jail.  Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted 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 has been served or commuted.
A.R.S. § 13-2311 — Arizona Code / Title 13 / Chapter 23 / Section 2311
13-2311 Fraudulent schemes and practices; wilful concealment; classification
Status: in_force

13-2311. Fraudulent schemes and practices; wilful concealment; classification

A. Notwithstanding any provision of the law to the contrary, in any matter related to the business conducted by any department or agency of this state or any political subdivision thereof, any person who, pursuant to a scheme or artifice to defraud or deceive, knowingly falsifies, conceals or covers up a material fact by any trick, scheme or device or makes or uses any false writing or document knowing such writing or document contains any false, fictitious or fraudulent statement or entry is guilty of a class 5 felony.

B. For the purposes of this section, "agency" includes a public agency as defined by section 38-502, paragraph 6.
A.R.S. § 13-3708 — Arizona Code / Title 13 / Chapter 37 / Section 3708
13-3708 Sale or transfer of motor vehicle; lien disclosure; classification
Status: in_force

13-3708. Sale or transfer of motor vehicle; lien disclosure; classification

A. A person shall not knowingly sell or transfer the person's ownership in a motor vehicle without disclosing to the purchaser or transferee that the motor vehicle is subject to a restitution lien pursuant to section 13-806.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-202 — Arizona Code / Title 13 / Chapter 2 / Section 202
13-202 Construction of statutes with respect to culpability
Status: in_force

13-202. Construction of statutes with respect to culpability

A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.

B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable mental state is required for the commission of such offense, and the offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility.

C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
A.R.S. § 13-3981 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3981
13-3981 Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations
Status: in_force

13-3981. Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations

A. When a defendant is accused of a misdemeanor or petty offense for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in this section, except:

1. When the offense is committed by or upon any officer of justice while in the execution of the duties of his office.

2. When the offense is committed riotously.

3. When the offense is committed with intent to commit a felony.

B. If a defendant is accused of an act involving assault, threatening or intimidating or a misdemeanor offense of domestic violence as defined in section 13-3601, the offense shall not be compromised except on recommendation of the prosecuting attorney.

C. If the party injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed, and the defendant discharged. The reasons for the order shall be set forth and entered of record on the minutes and the order shall be a bar to another prosecution for the same offense.

D. No public offense shall be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.
A.R.S. § 13-4401 — Arizona Code / Title 13 / Chapter 40 / Section 4401
13-4401 Definitions
Status: in_force

13-4401. Definitions

In this chapter, unless the context otherwise requires:

1. "Accused" means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial.

2. "Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court.

3. "Arrest" means the actual custodial restraint of a person or the person's submission to custody.

4. "Court" means all state, county and municipal courts in this state.

5. "Crime victim advocate" means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims.

6. "Criminal offense" means conduct that gives a peace officer or prosecutor probable cause to believe that a felony, a misdemeanor, a petty offense or a violation of a local criminal ordinance has occurred.

7. "Criminal proceeding" means any hearing, argument or other matter that is scheduled by and held before a trial court but does not include any deposition, lineup, grand jury proceeding or other matter that is not held in the presence of the court.

8. "Custodial agency" means any law enforcement officer or agency, a sheriff or municipal jailer, the state department of corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a criminal offense.

9. "Defendant" means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense.

10. "Final disposition" means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence.

11. "Immediate family" means a victim's spouse, parent, child, sibling, grandparent or lawful guardian.

12. "Lawful representative" means a person who is designated by the victim or appointed by the court and who acts in the best interests of the victim.

13. "Post-arrest release" means the discharge of the accused from confinement on recognizance, bond or other condition.

14. "Post-conviction release" means parole, work furlough, community supervision, probation if the court waived community supervision pursuant to section 13-603, home arrest or any other permanent, conditional or temporary discharge from confinement in the custody of the state department of corrections or a sheriff or from confinement in a municipal jail or a secure mental health facility.

15. "Post-conviction relief proceeding" means a contested argument or evidentiary hearing that is held in open court and that involves a request for relief from a conviction or sentence.

16. "Prisoner" means a person who has been convicted of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the state department of corrections, a municipal jail or a secure mental health facility.

17. "Release" means no longer in the custody of a custodial agency and includes transfer from one custodial agency to another custodial agency.

18. "Rights" means any right that is granted to the victim by the laws of this state.

19. "Victim" means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the 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. § 13-2915 — Arizona Code / Title 13 / Chapter 29 / Section 2915
13-2915 Preventing use of telephone in emergency; false representation of emergency; classification; definitions
Status: in_force

13-2915. Preventing use of telephone in emergency; false representation of emergency; classification; definitions

A. It is unlawful for a person to do any of the following:

1. Knowingly refuse to yield or surrender the use of a party line to another person to report a fire or summon police or medical or other aid in case of emergency.

2.  Ask for or request the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists.

3. Intentionally prevent or interfere with the use of a telephone by another person in an emergency situation.

B. Every telephone directory that is compiled and distributed to subscribers shall contain a notice explaining this section.  The notice shall be printed in type that is no smaller than any other type on the same page, other than headings, and shall be preceded by the word "warning".  This subsection does not apply to directories that are distributed solely for business advertising purposes, commonly known as classified directories.

C. This section does not require a person to allow another person to enter the person's home or place of residence for the purpose of using a telephone in an emergency situation.

D. A person who violates this section is guilty of a class 2 misdemeanor.

E. For the purposes of this section:

1. "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.

2. "Emergency situation" means a situation in which both of the following apply:

(a) Human health, life or safety is in jeopardy and the prompt summoning of aid is essential.

(b) It is reasonable to believe that a domestic violence offense pursuant to section 13-3601 is being, has been or is about to be committed.

3. "Party line" means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
A.R.S. § 13-4502 — Arizona Code / Title 13 / Chapter 41 / Section 4502
13-4502 Effect of incompetency
Status: in_force

13-4502. Effect of incompetency

A. A person shall not be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to stand trial.

B. The prosecutor or defense attorney may file any pretrial motion at any time while the defendant is incompetent to stand trial. The court shall hear and decide any issue presented by the motion if the defendant's presence is not essential for a fair hearing as determined by the court.
A.R.S. § 13-3872 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3872
13-3872 Mutual aid agreements
Status: in_force

13-3872. Mutual aid agreements

Any two or more public agencies as defined by section 11-951 having and maintaining peace officers may, by action of their respective legislative or other governing body, enter into mutual aid agreements with respect to law enforcement provided mutual aid agreements entered into on the part of the state of Arizona shall be approved by the agency involved and the governor. A peace officer acting within the jurisdiction of any other public agency pursuant to a mutual aid agreement shall have full authority to act as a peace officer to the same extent as if he were a duly appointed, qualified and acting peace officer of such public agency as herein defined. Mutual aid agreements provided for in this section shall be entered into pursuant to the provisions of title 11, chapter 7, article 3.
A.R.S. § 13-3560 — Arizona Code / Title 13 / Chapter 35.1 / Section 3560
13-3560 Aggravated luring a minor for sexual exploitation; classification; definitions
Status: in_force

13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions

A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:

1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.

2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.

B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.

C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection F.  A person who is convicted of a violation of this section 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 or commuted.

D. The defense prescribed in section 13-1407, subsection E applies to a prosecution pursuant to this section.

E. For the purposes of this section:

1. "Electronic communication device" means any electronic device that is capable of transmitting visual depictions and includes any of the following:

(a) A computer, computer system or network as defined in section 13-2301.

(b) A cellular telephone or wireless telephone as defined in section 13-4801.

2. "Harmful to minors" has the same meaning prescribed in section 13-3501.
A.R.S. § 13-2405 — Arizona Code / Title 13 / Chapter 24 / Section 2405
13-2405 Compounding; classification
Status: in_force

13-2405. Compounding; classification

A. A person commits compounding if such person knowingly accepts or agrees to accept any pecuniary benefit as consideration for:

1. Refraining from seeking prosecution of an offense; or

2. Refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to the offense.

B. Subsection A shall apply in all cases except those which are compromised by leave of court as provided by law.

C. Compounding is a class 6 felony if the crime compounded is a felony. If the crime compounded is not a felony, compounding is a class 3 misdemeanor.
A.R.S. § 13-3854 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3854
13-3854 Arrest without a warrant
Status: in_force

13-3854. Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 13-3853, and thereafter his answer shall be heard as if he had been arrested on a warrant.
A.R.S. § 13-4013 — Arizona Code / Title 13 / Chapter 38 / Article 16 / Section 4013
13-4013 Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation
Status: in_force

13-4013. Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation

A. If counsel is appointed by the court and represents the defendant in either a criminal proceeding or insanity hearing, counsel shall be paid by the county in which the court presides, except that in those matters in which a public defender is appointed, no compensation shall be paid by the county. Compensation for services rendered to the defendant shall be in an amount that the court in its discretion deems reasonable, considering the services performed.

B. If a person is charged with a felony offense the court may on its own initiative and shall on application of the defendant and a showing that the defendant is financially unable to pay for such services appoint investigators and expert witnesses as are reasonably necessary to adequately present a defense at trial and at any subsequent proceeding.

C. Compensation for investigators and expert witnesses who are appointed pursuant to subsection B of this section shall be at such rates as the county contracts for such services.  If a necessary expert witness represents a discipline or has a skill that is not then the subject of a county contract, the county may either promptly procure those services pursuant to section 11-254.01 or ask the court to establish a reasonable fee for that witness.  If no investigator or expert witness who is under contract with the county to provide services is available and the defendant is unable to obtain such services at the county rate, the court shall establish a reasonable fee for the expert witness or investigator providing the service.
A.R.S. § 13-604 — Arizona Code / Title 13 / Chapter 6 / Section 604
13-604 Class 6 felony; designation
Status: in_force

13-604. Class 6 felony; designation

A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.  The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony.  This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.

B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes:

1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1.

2. For the purposes of DNA collection pursuant to section 13-610.

3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title.

4. Being used as a historical prior felony conviction.

5. Being admissible for impeachment purposes in a subsequent trial.

6. Being used to enhance the sentence pursuant to chapter 7 of this title.

7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A.

C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court.  The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation.  This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation.

D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:

1. An information in superior court designating the offense as a misdemeanor.

2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.

3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.
A.R.S. § 13-3804 — Arizona Code / Title 13 / Chapter 38 / Article 1 / Section 3804
13-3804 Duty of officers to disperse unlawful assembly
Status: in_force

13-3804. Duty of officers to disperse unlawful assembly

A. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, officials governing the city or town, peace officers or justices of the peace and constables, or any of them, shall go among the persons assembled, or as near to them as possible, and command them, in the name of the state, immediately to disperse.

B. If the people assembled do not immediately disperse, the magistrate and officers shall arrest them, and for that purpose may command the aid of all persons present or within the county.
A.R.S. § 13-4504 — Arizona Code / Title 13 / Chapter 41 / Section 4504
13-4504 Dismissal of misdemeanor charges; notice
Status: in_force

13-4504. Dismissal of misdemeanor charges; notice

A. Notwithstanding any law to the contrary, if the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to this chapter, the court may hold a hearing to dismiss any misdemeanor charge against the incompetent person. The court shall give ten days' notice to the prosecutor and the defendant of this hearing. On receipt of the notice, the prosecutor shall notify the victim of the hearing.

B. If a misdemeanor charge is dismissed pursuant to this section, the court may order the prosecutor to initiate civil commitment or guardianship proceedings.
A.R.S. § 13-4314 — Arizona Code / Title 13 / Chapter 39 / Section 4314
13-4314 Disposition by court
Status: in_force

13-4314. Disposition by court

A. If no claims are timely filed, the attorney for the state shall apply to the court for an order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On the state's written application showing jurisdiction, notice and facts sufficient to demonstrate probable cause for forfeiture, the court shall order the property forfeited to the state.

B. After the court's disposition of all claims timely filed under this chapter, the state has clear title to the forfeited property and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the state on the commission of the act or omission giving rise to the forfeiture under this title.

C. On order of the court forfeiting the subject property, the attorney for the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state and by all departments and agencies of this state and any political subdivision.  The attorney for the state may not transfer title to either:

1. An officer or employee of the agency that seized the property or a person who is related to the officer or employee by blood or marriage.

2. The attorney for the state or any individual working in the same office or any person related to the authority or individual by blood or marriage.

D. On entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed immediately to the claimant or claimants designated by the court. The person or seizing agency that made the seizure and the attorney for the state are not personally liable to suit or judgment on account of such seizure, suit or prosecution unless the person, seizing agency or attorney for the state intended to cause injury or was grossly negligent.

E. The court may award reasonable attorney fees, expenses and damages for loss of the use of the property to any claimant who substantially prevails by an adjudication on the merits of a claim.  If the court finds that reasonable cause did not exist for the seizure for forfeiture or the filing of the notice of pending forfeiture, complaint, information or indictment and that the seizing agency or attorney for the state intended to cause injury or was grossly negligent, the court shall award the claimant treble costs or damages. The court must apportion the award for treble costs or damages between the agency that made the seizure and the office of the attorney for the state.
A.R.S. § 13-2409 — Arizona Code / Title 13 / Chapter 24 / Section 2409
13-2409 Obstructing criminal investigations or prosecutions; classification
Status: in_force

13-2409. Obstructing criminal investigations or prosecutions; classification

A person who knowingly attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor or grand jury or who knowingly injures another in his person or property on account of the giving by the latter or by any other person of any such information or testimony to a peace officer, magistrate, prosecutor or grand jury is guilty of a class 5 felony, except that it is a class 3 felony if the person commits the offense with the intent to promote, further or assist a criminal street gang.
A.R.S. § 13-4061 — Arizona Code / Title 13 / Chapter 38 / Article 20 / Section 4061
13-4061 Competency of witness
Status: in_force

13-4061. Competency of witness

In any criminal trial every person is competent to be a witness.
A.R.S. § 13-4023 — Arizona Code / Title 13 / Chapter 38 / Article 17 / Section 4023
13-4023 Recovery of competency
Status: in_force

13-4023. Recovery of competency

A. Within sixty days after a prisoner is committed for restoration to competency treatment, the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided, the status of the prisoner and the prognosis as to when the prisoner will be competent. The chief medical officer shall provide copies of the report to all of the parties and to the Arizona supreme court. The chief medical officer shall update the report every sixty days until the prisoner is determined to be competent to be executed.

B. After a prisoner recovers competency to be executed, the chief medical officer of the state hospital shall certify to the Arizona supreme court that the prisoner is competent. The Arizona supreme court shall order that the execution be conducted according to the original warrant, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.

C. After a prisoner recovers competency and within ten days after a warrant is issued, the superior court shall appoint psychological experts pursuant to rule 11.3, Arizona rules of criminal procedure to assess the prisoner's competency to be executed.  After considering the written opinions of the appointed experts, if the superior court believes that there is a significant question about the prisoner's competency to be executed, the superior court shall conduct a competency hearing to address that issue.  If the prisoner and the state agree, the superior court may determine the issue of competency without a hearing and based on the submitted reports.

D. On the request of a party, the superior court may appoint psychological experts after a prisoner's competency has been certified and before a warrant has been issued.

E. The prisoner may waive the appointment of experts pursuant to this section.

F. Within five days after the superior court determines a prisoner's competency to be executed, a party may file with the supreme court a petition for special action to obtain review of the superior court's decision.

G. The costs incurred by the county in appointing experts under this section shall be paid pursuant to section 13-4022.
A.R.S. § 13-4077 — Arizona Code / Title 13 / Chapter 38 / Article 21 / Section 4077
13-4077 Allowance of expenses of out of county or indigent witness
Status: in_force

13-4077. Allowance of expenses of out of county or indigent witness

A. When a witness has been subpoenaed to appear before a magistrate, grand jury or court, the witness may receive a reasonable amount for travel expenses if either:

1. The witness resides outside of the county in which the legal proceeding is held.

2. The witness is unable to pay for these travel expenses.

B. The board of supervisors shall pay the witness only on the order of the presiding judge of the superior court.
A.R.S. § 13-3212 — Arizona Code / Title 13 / Chapter 32 / Section 3212
13-3212 Child sex trafficking; classification; increased punishment; definition
Status: in_force

13-3212. Child sex trafficking; classification; increased punishment; definition

A. A person commits child sex trafficking by knowingly:

1. Causing any minor to engage in prostitution.

2. Using any minor for the purposes of prostitution.

3. Permitting a minor who is under the person's custody or control to engage in prostitution.

4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.

7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

8. Providing a means by which a minor engages in prostitution.

9. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance.

10. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance.

B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:

1. Engaging in prostitution with a minor who is under fifteen years of age or engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor under fifteen years of age.

2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age or engaging in prostitution with a person for the purpose of facilitating the prostitution of a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age.

3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.

C. It is not a defense to a prosecution under subsection A and subsection B, paragraphs 1 and 2 of this section that the other person is a peace officer posing as a minor, a person assisting a peace officer posing as a minor or a peace officer posing as a person facilitating the prostitution of a minor.

D. Notwithstanding any other law, a sentence imposed on a person for a violation of this section shall be consecutive to any other sentence imposed on the person at any time.

E. Child sex trafficking pursuant to subsection A of this section is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to section 13-705.

F. Child sex trafficking pursuant to subsection B, paragraph 1 of this section is a class 2 felony and is punishable pursuant to section 13-705.

G. Except as provided in subsection H of this section, if the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section 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 or commuted.  The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:

1. The term for a first offense is as follows:

Minimum Presumptive   Maximum

13 years    20 years    27 years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum Presumptive   Maximum

25 years    35 years    45 years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive   Maximum

30 years    40 years    50 years

H. If the person has previously been convicted of child sex trafficking involving a minor who is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person shall be sentenced to imprisonment in the custody of the state department of corrections for natural life.  A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the person's natural life.

I. If the minor is fifteen, sixteen or seventeen years of age, child sex trafficking pursuant to subsection B, paragraph 2 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section 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 or commuted.  The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E.  The terms are as follows:

1. The term for a first offense is as follows:

Minimum Presumptive   Maximum

7 years     10.5 years  21 years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum Presumptive   Maximum

14 years    15.75 years 28 years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive   Maximum

21 years    28 years    35 years

J. Except as provided in subsection K of this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 5 felony.  If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days. This jail term shall commence on the date of sentencing. The court may suspend ninety days of the jail sentence if the person has not previously been convicted of a violation of this section, a violation of section 13-3214 or a violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as section 13-3214 and the person successfully completes an appropriate court ordered education or treatment program.

K. If the person has previously been convicted of child sex trafficking or attempted child sex trafficking pursuant to this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 2 felony 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 has been served or commuted.

L. This section does not preclude the state from alleging and proving any other sentencing enhancements as provided by law.

M. For the purposes of this section, "sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.
A.R.S. § 13-2107 — Arizona Code / Title 13 / Chapter 21 / Section 2107
13-2107 False statement as to financial condition or identity; classification
Status: in_force

13-2107. False statement as to financial condition or identity; classification

A. A person commits false statement as to financial condition or identity if the person makes or causes to be made, either directly or indirectly, any false statement in writing as to a material fact, knowing it to be false, with the intent that it be relied on respecting the identity of that person or of any other person, firm or corporation or the financial condition of that person or of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card.

B. False statement as to financial condition or identity is a class 5 felony.
A.R.S. § 13-3307 — Arizona Code / Title 13 / Chapter 33 / Section 3307
13-3307 Possession of gambling records; classification
Status: in_force

13-3307. Possession of gambling records; classification

A. A person commits possession of gambling records if he knowingly possesses any book, writing, paper, instrument, article, electronically-produced data, computer software and programs, discs, tapes or other tangible or intangible method of recording information knowing or having reason to know that it arises out of, or was made in connection with, gambling in violation of this chapter.

B. Possession of gambling records is a class 1 misdemeanor.
A.R.S. § 13-3203 — Arizona Code / Title 13 / Chapter 32 / Section 3203
13-3203 Procuring or placing persons in house of prostitution; classification
Status: in_force

13-3203. Procuring or placing persons in house of prostitution; classification

A person who knowingly receives money or other valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution is guilty of a class 5 felony.
A.R.S. § 13-2922 — Arizona Code / Title 13 / Chapter 29 / Section 2922
13-2922 Interference with transmissions on public safety land mobile radio frequencies; classification; definitions
Status: in_force

13-2922. Interference with transmissions on public safety land mobile radio frequencies; classification; definitions

A. It is unlawful for a person to recklessly interrupt, impede or otherwise directly interfere with emergency communications over a public safety land mobile radio frequency communications network or system created for emergency communications.

B. It is unlawful for a person to recklessly interrupt, impede or otherwise interfere with the transmission of a nonemergency communication over a public safety land mobile radio frequency that is dedicated to the dispatch of police, fire or emergency medical response personnel to the scene of an emergency or dedicated to use for emergency communications.

C. A person who violates subsection A is guilty of a class 6 felony. A person who violates subsection B is guilty of a class 1 misdemeanor.

D. As used in this section:

1. "Emergency" means a situation in which a person is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious physical injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

2. "Public safety land mobile radio frequency" means a frequency prescribed in 47 Code of Federal Regulations part 90, subpart B and part 97, subpart A.

3. "Public safety land mobile radio frequency communications network or system" means those radio services and emergency communications systems that are prescribed in 47 Code of Federal Regulations part 90, subpart B and part 97, subpart A.
A.R.S. § 13-756 — Arizona Code / Title 13 / Chapter 7.1 / Section 756
13-756 Death sentences; supreme court review
Status: in_force

13-756. Death sentences; supreme court review

A. The supreme court shall review all death sentences to determine whether the trier of fact abused its discretion in finding aggravating circumstances and imposing a sentence of death.

B. If the supreme court determines that an error occurred in the sentencing proceedings, the supreme court shall determine whether the error was harmless beyond a reasonable doubt.  If the supreme court cannot determine whether the error was harmless beyond a reasonable doubt, the supreme court shall remand the case for a new sentencing proceeding.
A.R.S. § 13-1422 — Arizona Code / Title 13 / Chapter 14 / Section 1422
13-1422 Adult oriented businesses; location; hours of operation; injunction; classification; definitions
Status: in_force

13-1422. Adult oriented businesses; location; hours of operation; injunction; classification; definitions

A. An adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship.  For the purposes of this subsection, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship.  An adult oriented business lawfully operating in conformity with this section does not violate this section if a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship subsequently locates within one-fourth mile of the adult oriented business.

B. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio shall not remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday.

C. Subsection A of this section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate the location of adult oriented businesses.

D. Subsection B of this section does not prohibit counties or municipalities from enacting and enforcing ordinances that regulate an adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio in a manner that is at least as restrictive as subsection B of this section.

E. If there is reason to believe that a violation of subsection A of this section is being committed in any county or city, the county attorney of the county shall, or a citizen of this state who resides in the county or city in the citizen's own name may, maintain an action to abate and prevent the violation and to enjoin perpetually any person who is committing the violation and the owner, lessee or agent of the building or place in or on which the violation is occurring from directly or indirectly committing or permitting the violation.

F. A violation of subsection A or B of this section is a class 1 misdemeanor.  Each day of violation constitutes a separate offense.

G. For the purposes of this section:

1. "Adult arcade" has the same meaning prescribed in section 11-811.

2. "Adult bookstore or video store" has the same meaning prescribed in section 11-811.

3. "Adult cabaret" excludes any establishment licensed under title 4 and includes any nightclub, bar, restaurant or other similar commercial establishment that regularly features:

(a) Persons who appear in a state of nudity or who are seminude.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

(c) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas.

4. "Adult motion picture theater" has the same meaning prescribed in section 11-811.

5. "Adult oriented business" has the same meaning prescribed in section 11-811.

6. "Adult theater" has the same meaning prescribed in section 11-811.

7. "Escort" means a person who for consideration agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

8. "Escort agency" means a person or business association that furnishes, offers to furnish or advertises the furnishing of escorts as one of its primary business purposes for any fee, tip or other consideration.

9. "Nude model studio" has the same meaning prescribed in section 11-811.

10. "Nude", "nudity" or "state of nudity" has the same meaning prescribed in section 11-811.

11. "Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals and education relating to a particular form of religious belief and which a reasonable person would conclude is a place of worship by reason of design, signs or architectural or other features.

12. "Residence" means a permanent dwelling place.

13. "Seminude" has the same meaning prescribed in section 11-811.

14. "Specific anatomical areas" has the same meaning prescribed in section 11-811.

15. "Specific sexual activities" has the same meaning prescribed in section 11-811.
A.R.S. § 13-3889 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3889
13-3889 Method of arrest by private person
Status: in_force

13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.
A.R.S. § 13-3204 — Arizona Code / Title 13 / Chapter 32 / Section 3204
13-3204 Receiving earnings of prostitute; classification
Status: in_force

13-3204. Receiving earnings of prostitute; classification

A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.
A.R.S. § 13-407 — Arizona Code / Title 13 / Chapter 4 / Section 407
13-407 Justification; use of physical force in defense of premises
Status: in_force

13-407. Justification; use of physical force in defense of premises

A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.

C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
A.R.S. § 13-3119 — Arizona Code / Title 13 / Chapter 31 / Section 3119
13-3119 Misconduct involving weapons in a secured area of an airport; classification; definitions
Status: in_force

13-3119. Misconduct involving weapons in a secured area of an airport; classification; definitions

A. A person commits misconduct involving weapons by intentionally carrying, possessing or exercising control over a deadly weapon in a secured area of an airport.

B. This section does not apply to:

1. A peace officer or a federally sworn officer while in the actual performance of the officer's duties.

2. A member of the military forces of the United States or of any state of the United States in the actual performance of the member's official duties.

3. An individual who is authorized by a federal agency in the actual performance of the individual's official duties.

4. General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration.

5. The lawful transportation of deadly weapons in accordance with state and federal law.

C. A violation of this section is a class 1 misdemeanor.

D. For the purposes of this section:

1. "Deadly weapon" has the same meaning prescribed in section 13-105.

2. "Secured area of an airport" means any area of an airport specified in an airport security program that is authorized and approved by the United States transportation security administration pursuant to 49 United States Code section 44903(h)(7)(F) and defined in 49 Code of Federal Regulations section 1540.5.
A.R.S. § 13-2910.06 — Arizona Code / Title 13 / Chapter 29 / Section 2910.06
13-2910.06 Defense to cruelty to animals and bird fighting
Status: in_force

13-2910.06. Defense to cruelty to animals and bird fighting

(Caution: 1998 Prop. 105 applies)

It is a defense to sections 13-2910, 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 that the activity charged involves the possession, training, exhibition or use of a bird or animal in the otherwise lawful sports of falconry, animal hunting, rodeos, ranching or the training or use of hunting dogs.
A.R.S. § 13-1416 — Arizona Code / Title 13 / Chapter 14 / Section 1416
13-1416 Admissibility of minor's statement; notice
Status: in_force

13-1416. Admissibility of minor's statement; notice

A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any sexual offense or physical abuse performed with, on or witnessed by the minor, which is not otherwise admissible by statute or court rule, is admissible in evidence in any criminal or civil proceeding if both of the following are true:

1. The court finds, in an in camera hearing, that the time, content and circumstances of the statement provide sufficient indicia of reliability.

2. Either of the following is true:

(a) The minor testifies at the proceedings.

(b) The minor is unavailable as a witness, provided that if the minor is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the statement.

B. A statement shall not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.
A.R.S. § 13-909 — Arizona Code / Title 13 / Chapter 9 / Section 909
13-909 Vacating the conviction of a sex trafficking victim; requirements
Status: in_force

13-909. Vacating the conviction of a sex trafficking victim; requirements

A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the offense was a direct result of being a victim of sex trafficking pursuant to section 13-1307 or 13-3212.

B. If the prosecutor does not oppose the application, the court may grant the application and vacate the conviction without a hearing.

C. If the prosecutor opposes the application, the court shall hold a hearing on the application.

D. On vacating the conviction, the court shall:

1. Release the applicant from all penalties and disabilities resulting from the conviction.

2. Enter an order that a notation be made in the court file and in law enforcement and prosecution records that the conviction has been vacated and the person was the victim of a crime.

3. Transmit the order vacating the conviction to the arresting agency, the prosecutor and the department of public safety.

E. A conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be alleged for any purpose pursuant to section 13-703 or 13-707.

F. Except on an application for employment that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, a person whose conviction is vacated under this section may in all instances state that the person has never been arrested for, charged with or convicted of the crime that is the subject of the conviction, including in response to questions on employment, housing, financial aid or loan applications.
A.R.S. § 13-1429 — Arizona Code / Title 13 / Chapter 14 / Section 1429
13-1429 Possessing, trafficking or importing a child sex doll; classification; annual report; definition
Status: in_force

13-1429. Possessing, trafficking or importing a child sex doll; classification; annual report; definition

A. A person commits possessing a child sex doll by intentionally or knowingly possessing a child sex doll.

B. A person commits trafficking a child sex doll by knowingly manufacturing, distributing, selling, transferring, offering to sell, advertising, providing, shipping, delivering for shipment, offering to deliver for shipment or possessing with the intent to manufacture, distribute, sell, ship or transfer a child sex doll.

C. A person commits importing a child sex doll by knowingly transporting a child sex doll into this state by any means with the intent to distribute, sell or transfer the child sex doll.

D. In a prosecution for a violation of subsection B of this section, unless satisfactorily explained, the possession of two or more child sex dolls may give rise to an inference that a person intends to commit trafficking a child sex doll.

E. This section does not apply to a common carrier transporting a container with a child sex doll if the common carrier does not have knowledge of the container's contents.

F. On or before December 31, 2024 and each year thereafter, the administrative office of the courts shall submit a report to the president of the senate, the speaker of the house of representatives, the minority leader in the senate and the minority leader in the house of representatives that lists, by county, the total number of persons who have been convicted of a violation of this section.

G. A violation of this section is a class 4 felony.

H. For the purposes of this section, "child sex doll" means an anatomically correct doll, mannequin or robot that both:

1. Has the features of or features that resemble those of an infant or a child who is under twelve years of age.

2. Is intended to be used for sexual stimulation or gratification.
A.R.S. § 13-4040 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4040
13-4040 Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception
Status: in_force

13-4040. Divestiture of jurisdiction of supreme court after remission of minute entry and decision; exception

After a certified copy of the minute entry and a copy of the decision of the supreme court in a criminal appeal has been remitted to the trial court from which the appeal was taken, the supreme court shall have no further jurisdiction of the appeal, or of the proceedings thereon. All orders which may be necessary to carry the decision of the supreme court into effect shall be made by the court to which the copy of the minute entry and decision is remitted, except when a judgment or sentence of death has been affirmed on appeal after the time appointed for the execution of the sentence and the supreme court has fixed a new time for execution and issued a warrant to the director of the department of corrections to execute the sentence at the time designated in the warrant.
A.R.S. § 13-1404 — Arizona Code / Title 13 / Chapter 14 / Section 1404
13-1404 Sexual abuse; classification
Status: in_force

13-1404. Sexual abuse; classification

A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.

B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

C. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-705.
A.R.S. § 13-1601 — Arizona Code / Title 13 / Chapter 16 / Section 1601
13-1601 Definitions
Status: in_force

13-1601. Definitions

In this chapter, unless the context otherwise requires:

1. "Damaging" means damage as defined in section 13-1701.

2. "Defacing" means any unnecessary act of substantially marring any surface or place, by any means, or any act of putting up, affixing, fastening, printing or painting any notice on any structure, without permission from the owner.

3. "Litter" includes any rubbish, refuse, waste material, offal, paper, glass, cans, bottles, organic or inorganic trash, debris, filthy or odoriferous objects, dead animals or any foreign substance of whatever kind or description, including junked or abandoned vehicles, whether or not any of these items are of value.

4. "Property of another" means property in which any person other than the defendant has an interest, including community property and other property in which the defendant also has an interest and, for damage caused by theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of the defendant.

5. "Tamper" means any act of interference.

6. "Tampering with utility property" means any of the following if committed against property that is owned or operated by a utility for the purposes of transmission or distribution:

(a) Rearranging, damaging, altering, interfering with or otherwise preventing the performance of a normal or customary function of utility property.

(b) Connecting any wire, conduit or device to any utility property without authorization.

(c) Defacing, puncturing, removing, reversing or altering any utility property.

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

(e) Taking, receiving, using or converting to personal use or the use of another any utility service that has not been measured or authorized.

(f) Diverting or changing the intended course or path of the utility service without the authorization or consent of the utility.

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

7. "Utility" means any enterprise, public or private, that provides gas, electric, irrigation, steam, water, water conservation, sewer or communications services, as well as any common carrier on land, rail, sea or air.
A.R.S. § 13-2508 — Arizona Code / Title 13 / Chapter 25 / Section 2508
13-2508 Resisting arrest; classification; definition
Status: in_force

13-2508. Resisting arrest; classification; definition

A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace officer or another.

2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

3. Engaging in passive resistance.

B. Resisting arrest pursuant to subsection A, paragraph 1 or 2 of this section is a class 6 felony.  Resisting arrest pursuant to subsection A, paragraph 3 of this section is a class 1 misdemeanor.

C. For the purposes of this section, "passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.
A.R.S. § 13-3305 — Arizona Code / Title 13 / Chapter 33 / Section 3305
13-3305 Betting and wagering; classification
Status: in_force

13-3305. Betting and wagering; classification

A. Subject to the exceptions prescribed in section 5-112 and title 5, chapter 11, no person may engage for a fee, property, salary or reward in the business of accepting, recording or registering any bet, purported bet, wager or purported wager or engage for a fee, property, salary or reward in the business of selling wagering pools or purported wagering pools with respect to the result or purported result of any race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.

B. Subject to the exceptions prescribed in title 5, chapter 11, a person shall not directly or indirectly knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for wagering or betting on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever conducted within or without this state or anything of value as reimbursement for the prior making of such a wager or bet on behalf of another person.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-2927 — Arizona Code / Title 13 / Chapter 29 / Section 2927
13-2927 Unlawful feeding of wildlife; classification
Status: in_force

13-2927. Unlawful feeding of wildlife; classification

A. A person commits unlawful feeding of wildlife by intentionally, knowingly or recklessly feeding, attracting or otherwise enticing wildlife into an area, except for:

1. Persons lawfully taking or holding wildlife pursuant to title 17 or pursuant to rules or orders of the Arizona game and fish commission.

2. Public employees or authorized agents acting within the scope of their authority for public safety or for wildlife management purposes.

3. Normal agricultural or livestock operational practices.

4. Tree squirrels or birds.

B. This section applies in a county with a population of more than two hundred eighty thousand persons.

C. Unlawful feeding of wildlife is a petty offense.
A.R.S. § 13-1704 — Arizona Code / Title 13 / Chapter 17 / Section 1704
13-1704 Arson of an occupied structure; classification
Status: in_force

13-1704. Arson of an occupied structure; classification

A. A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion.

B. Arson of an occupied structure is a class 2 felony.
A.R.S. § 13-3988 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3988
13-3988 Admissibility of confessions
Status: in_force

13-3988. Admissibility of confessions

A. In any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.

B. The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including but not limited to the following:

1. The time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment.

2. Whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession.

3. Whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him.

4. Whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel.

5. Whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the factors indicated in paragraphs 1 through 5 of this subsection which are taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.

C. Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention. As used in this section, the term "confession" means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
A.R.S. § 13-4233 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4233
13-4233 Nature of proceeding and relation to other remedies
Status: in_force

13-4233. Nature of proceeding and relation to other remedies

A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all trial court post-trial remedies except post-trial motions and habeas corpus. If a defendant applies for a writ of habeas corpus in a court having jurisdiction of his person attacking the validity of his conviction or sentence, that court pursuant to this article shall transfer the cause to the court where the defendant was convicted or sentenced and that court shall treat it as a petition for relief under this article and the procedures of this article apply.
A.R.S. § 13-419 — Arizona Code / Title 13 / Chapter 4 / Section 419
13-419 Presumptions; defense of a residential structure or occupied vehicle;  exceptions; definitions
Status: in_force

13-419. Presumptions; defense of a residential structure or occupied vehicle;  exceptions; definitions

A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.

B. For the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.

C. The presumptions in subsections A and B of this section do not apply if:

1. The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.

2. The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.

3. The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.

4. The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.

D. For the purposes of this section:

1. "Residential structure" has the same meaning prescribed in section 13-1501.

2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
A.R.S. § 13-2914 — Arizona Code / Title 13 / Chapter 29 / Section 2914
13-2914 Aggressive solicitation; classification; definitions
Status: in_force

13-2914. Aggressive solicitation; classification; definitions

A. It is unlawful for a person to solicit any money or other thing of value or solicit the sale of goods or services:

1. Within fifteen feet of any bank entrance or exit or any automated teller machine if the person does not have permission to be there from the bank or the owner of the property on which the automated teller machine is located.

2. In a public area by:

(a) Intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent.

(b) Approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another or damage to or loss of property or that is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

(c) Continuing to solicit the person after the person being solicited has clearly communicated a request that the solicitation stop.

(d) Intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation.  This subdivision does not apply to acts that are authorized as an exercise of one's constitutional right to picket or protest.

(e) Intentionally, knowingly or recklessly using obscene or abusive language or gestures that are intended or likely to cause a reasonable person to fear imminent bodily harm or that are reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

B. A violation of this section is a petty offense.

C. For the purposes of this section:

1. "Automated teller machine" has the same meaning prescribed in section 6-101.

2. "Bank" means a bank, credit union or other similar financial institution.

3. "Public area" means an area that the public or a substantial group of persons has access to and includes alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general public, and the doorways and entrances to buildings and dwellings and the grounds enclosing them.

4. "Solicit" means using any means of communication, including by spoken, written or printed word, to request an immediate donation or exchange of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value.
A.R.S. § 13-3110 — Arizona Code / Title 13 / Chapter 31 / Section 3110
13-3110 Misconduct involving simulated explosive devices; classification; definition
Status: in_force

13-3110. Misconduct involving simulated explosive devices; classification; definition

A. A person commits misconduct involving simulated explosive devices by intentionally giving or sending to another person or placing in a private or public place a simulated explosive device with the intent to terrify, intimidate, threaten or harass.

B. The placing or sending of a simulated explosive device without written notice attached to the device in a conspicuous place that the device has been rendered inert and is possessed for the purpose of curio or relic collection, display or other similar purpose is prima facie evidence of intent to terrify, intimidate, threaten or harass.

C. Misconduct involving simulated explosive devices is a class 5 felony.

D. For the purposes of this section, "simulated explosive device" means a simulation of a prohibited weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (i), (v) or (vii) that a reasonable person would believe is such a prohibited weapon.
A.R.S. § 13-3861 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3861
13-3861 Governor may recall warrant or issue alias
Status: in_force

13-3861. Governor may recall warrant or issue alias

The governor may recall his warrant of arrest, or may issue another warrant whenever he deems proper.
A.R.S. § 13-4112 — Arizona Code / Title 13 / Chapter 38 / Article 25 / Section 4112
13-4112 Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission
Status: in_force

13-4112. Interrogatories and cross-interrogatories; notice; service; duty of court; execution of commission

A. When the commission is ordered, the defendant shall serve upon the county attorney, without delay, a copy of the commission and interrogatories, with two days notice of the time when they will be presented to the court. The county attorney if he desires to present cross-interrogatories, shall forthwith serve upon defendant or his counsel the cross-interrogatories, which shall be annexed to the commission.

B. When the interrogatories and cross-interrogatories are presented to the court, the court shall reframe the questions to conform them to the rules of evidence, and shall endorse upon them his allowance and annex them to the commission.

C. Unless the parties otherwise consent by an endorsement upon the commission, the court shall endorse thereon a direction as to the manner in which and by whom it shall be executed and returned, and may direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending.
A.R.S. § 13-716 — Arizona Code / Title 13 / Chapter 7 / Section 716
13-716 Juvenile offenders sentenced to life imprisonment; parole eligibility
Status: in_force

13-716. Juvenile offenders sentenced to life imprisonment; parole eligibility

Notwithstanding any other law, a person who is sentenced to life imprisonment with the possibility of release after serving a minimum number of calendar years for an offense that was committed before the person attained eighteen years of age is eligible for parole on completion of service of the minimum sentence, regardless of whether the offense was committed on or after January 1, 1994.  If granted parole, the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31-415.
A.R.S. § 13-825 — Arizona Code / Title 13 / Chapter 8 / Section 825
13-825 Mitigation of fines and surcharges
Status: in_force

13-825. Mitigation of fines and surcharges

A. A judge may mitigate a fine if the defendant who is ordered to pay the fine demonstrates that the payment would work a hardship on the defendant or on the defendant's immediate family, except that a judge may not mitigate a fine imposed pursuant to section 28-1381, 28-1382 or 28-1383.

B. In determining whether to mitigate a fine, the court may consider any relevant evidence, including:

1. The impact of the fine on the ability of the defendant to pay the restitution.

2. The extent of the financial hardship on the defendant or on the defendant's immediate family.

3. Whether the defendant is receiving benefits pursuant to any of the following:

(a) The temporary assistance for needy families program established by section 403 of title IV of the social security act.

(b) The supplemental nutrition assistance program (7 United States Code sections 2011 through 2036c).

(c) The supplemental security income program (42 United States Code sections 1381 through 1383f).

4. Whether the defendant is seeking, obtaining or maintaining employment if legally permitted to do so or is attending school.

5. A defendant's medical condition.

C. A judge may mitigate a surcharge that is imposed pursuant to sections 12-116.01 and 12-116.02 if the fine is mandatory.