A.R.S. § 13-3615 — Arizona Code / Title 13 / Chapter 36 / Section 3615
13-3615 Suspension of sentence upon posting bond; custody of child; revocation of suspension
Status: in_force

13-3615. Suspension of sentence upon posting bond; custody of child; revocation of suspension

A. The sentence which may be imposed by section 13-3613, or its execution, may be suspended by the court upon condition that defendant give a good and sufficient bond to the state in such penal sum as the court determines, not exceeding one thousand dollars, conditioned for the payment of an amount the court may order, not exceeding thirty dollars per month, for the support, care and maintenance of the child to whose dependency the person has contributed, and the money shall be expended under direction of the court for such purposes.

B. In suspending the sentence, or its execution, the court may also permit the child to remain in the custody of the defendant upon conditions as the court deems proper.

C. When it appears to the court that any condition contained in the bond or imposed by the court in permitting the child to remain in custody of defendant has been breached, the court may revoke the suspension, and the sentence thereunder shall commence from the date upon which the sentence is imposed or ordered to be enforced.
A.R.S. § 13-1306 — Arizona Code / Title 13 / Chapter 13 / Section 1306
13-1306 Unlawfully obtaining labor or services; classification
Status: in_force

13-1306. Unlawfully obtaining labor or services; classification

A. It is unlawful for a person to knowingly obtain the labor or services of another person by doing any of the following:

1. Causing or threatening to cause bodily injury to that person or another person.

2. Restraining or threatening to restrain that person or another person without lawful authority and against that person's will.

3. Withholding that person's governmental records, identifying information or other personal property.

B. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 13-3883 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3883
13-3883 Arrest by officer without warrant
Status: in_force

13-3883. Arrest by officer without warrant

A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe:

1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.

2. A misdemeanor has been committed in the officer's presence and probable cause to believe the person to be arrested has committed the offense.

3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, and that such violation occurred prior to or immediately following such traffic accident.

4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under section 13-3903.

5. The person to be arrested has committed any public offense that makes the person removable from the United States.

B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.
A.R.S. § 13-4512 — Arizona Code / Title 13 / Chapter 41 / Section 4512
13-4512 Competency restoration treatment; order; commitment; costs
Status: in_force

13-4512. Competency restoration treatment; order; commitment; costs

A. The court may order a defendant to undergo out of custody competency restoration treatment. If the court determines that confinement is necessary for treatment, the court shall commit the defendant for competency restoration treatment to the competency restoration treatment program designated by the county board of supervisors.

B. If the county board of supervisors has not designated a program to provide competency restoration treatment, the court may commit the defendant for competency restoration treatment to the Arizona state hospital, subject to funding appropriated by the legislature to the Arizona state hospital for inpatient competency restoration treatment services, or to any other facility that is approved by the court.

C. A county board of supervisors that has designated a county restoration treatment program may enter into contracts with providers, including the Arizona state hospital, for inpatient, in-custody competency restoration treatment. A county competency restoration treatment program may do the following:

1. Provide competency restoration treatment to a defendant in the county jail, including inpatient treatment.

2. Obtain court orders to transport the defendant to other providers, including the Arizona state hospital, for inpatient, in-custody competency restoration treatment.

D. In determining the type and location of the treatment, the court shall select the least restrictive treatment alternative after considering the following:

1. Whether confinement is necessary for treatment.

2. The likelihood that the defendant is a threat to public safety.

3. The defendant's participation in and cooperation during an outpatient examination of competency to stand trial conducted pursuant to section 13-4507.

4. The defendant's willingness to submit to outpatient competency restoration treatment as a condition of pretrial release, if the defendant is eligible for pretrial release.

E. An order entered pursuant to this section shall state whether the defendant is incompetent to refuse treatment, including medication, pursuant to section 13-4511.

F. A defendant shall pay the cost of inpatient, in-custody competency restoration treatment unless otherwise ordered by the court. If the court finds the defendant is unable to pay all or a portion of the costs of inpatient, in-custody treatment, the city, town or county shall pay the costs of inpatient, in-custody competency restoration treatment at the Arizona state hospital that are incurred until:

1. Seven days, excluding Saturdays, Sundays or other legal holidays, after the hospital submits a report to the court stating that the defendant has regained competency or 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.

2. The treatment order expires.

3. Seven days, excluding Saturdays, Sundays or other legal holidays, after the charges are dismissed.

G. The county, or the city if the competency proceedings arise out of a municipal court proceeding, shall pay the hospital costs that are incurred after the period of time designated in subsection F of this section and shall also pay for the costs of inpatient, in-custody competency restoration treatment in court-approved programs that are not programs at the Arizona state hospital.

H. Payment for the cost of outpatient community treatment is the responsibility of the defendant unless:

1. The defendant is enrolled in a program that covers the treatment and that has funding available for the provision of treatment to the defendant, and the defendant is eligible to receive the treatment. Defendants in these circumstances may be required to share in the cost of the treatment if cost sharing is required by the program in which the defendant is enrolled.

2. The court finds that the defendant is unable to pay all or a portion of treatment costs or that outpatient treatment is not otherwise available to the defendant.  For defendants in these circumstances, all or a portion of the costs of outpatient community treatment shall be borne by the county or the city if the competency proceedings arise out of a municipal court proceeding.

I. A treatment order issued pursuant to this section is valid for one hundred eighty days or until one of the following occurs:

1. The treating facility submits a report that the defendant has regained competency or 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.

2. The charges are dismissed.

3. The maximum sentence for the offense charged has expired.

4. A qualified physician who represents the Arizona state hospital determines that the defendant is not suffering from a mental illness and is competent to stand trial.

J. The Arizona state hospital shall collect census data for adult restoration to competency treatment programs to establish maximum capacity and the allocation formula required pursuant to section 36-206, subsection D. The Arizona state hospital or the department of health services is not required to provide restoration to competency treatment that exceeds the funded capacity.  If the Arizona state hospital reaches its funded capacity in either or both the adult male or adult female restoration to competency treatment programs, the superintendent of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section.

K. Notwithstanding any other law, a county may meet any statutory funding requirements of this section from any source of county revenue designated by the county, including funds of any countywide special taxing district of which the board of supervisors serves as the board of directors.
A.R.S. § 13-2406 — Arizona Code / Title 13 / Chapter 24 / Section 2406
13-2406 Impersonating a public servant; classification; definition
Status: in_force

13-2406. Impersonating a public servant; classification; definition

A. A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely on his pretended official acts.

B. It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist or that the pretended office did not in fact possess the authority claimed for it.

C. Impersonating a public servant is a class 1 misdemeanor.

D. For the purposes of this section, "public servant" includes a notary public.
A.R.S. § 13-3802 — Arizona Code / Title 13 / Chapter 38 / Article 1 / Section 3802
13-3802 Right to command aid for execution of process; exception; punishment for resisting process
Status: in_force

13-3802. Right to command aid for execution of process; exception; punishment for resisting process

A. When a sheriff or other public officer authorized to execute process finds or has reason to believe that resistance will be made to execution of the process, the officer may command as many inhabitants of the county as the officer deems proper to assist in overcoming the resistance, except that a person may refuse to assist if the commanded assistance would expose that person to physical injury.

B. The officer shall certify to the court from which the process issued the names of those persons resisting, and they may be proceeded against for contempt of court.
A.R.S. § 13-705 — Arizona Code / Title 13 / Chapter 7 / Section 705
13-705 Dangerous crimes against children; sentences; definitions
Status: in_force

13-705. Dangerous crimes against children; sentences; definitions

A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving commercial sexual exploitation of a minor or child sex trafficking and the person has previously been convicted of a dangerous crime against children in the first degree 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.

B. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first degree involving sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment and 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 person has served thirty-five years or the sentence is commuted. This subsection does not apply to masturbatory contact.

C. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is under twelve years of age, sexual assault of a minor who is under twelve years of age, sexual conduct with a minor who is under twelve years of age or manufacturing methamphetamine under circumstances that cause physical injury to a minor who is under twelve years of age may be sentenced to life imprisonment and 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 person has served thirty-five years or the sentence is commuted.  If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

13 years    20 years    27 years

D. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving second degree murder of a minor who is under fifteen years of age may be sentenced to life imprisonment and 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 person has served thirty-five years or the sentence is commuted.  If a life sentence is not imposed pursuant to this subsection, the person shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

25 years    30 years    35 years

E. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving attempted first degree murder of a minor who is twelve, thirteen or fourteen years of age, sexual assault of a minor who is twelve, thirteen or fourteen years of age, taking a child for the purpose of prostitution, child sex trafficking, commercial sexual exploitation of a minor, sexual conduct with a minor who is twelve, thirteen or fourteen years of age, manufacturing methamphetamine under circumstances that cause physical injury to a minor who is twelve, thirteen or fourteen years of age or involving or using minors in drug offenses shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

13 years    20 years    27 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

23 years    30 years    37 years

F. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving aggravated assault, unlawful mutilation, molestation of a child, sexual exploitation of a minor, aggravated luring a minor for sexual exploitation, child abuse or kidnapping shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

10 years    17 years    24 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

21 years    28 years    35 years

G. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving luring a minor for sexual exploitation, sexual extortion or unlawful age misrepresentation and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for 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 is commuted, except that if the person is convicted of unlawful age misrepresentation the person is eligible for release pursuant to section 41-1604.07:

Minimum Presumptive   Maximum

5 years     10 years    15 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows 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 is commuted, except that if the person is convicted of unlawful age misrepresentation the person is eligible for release pursuant to section 41-1604.07:

Minimum Presumptive   Maximum

8 years     15 years    22 years

H. Except as otherwise provided in this section, if a person is at least eighteen years of age or has been tried as an adult and is convicted of a dangerous crime against children involving sexual abuse or bestiality under section 13-1411, subsection A, paragraph 2 and is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum Presumptive   Maximum

2.5 years   5 years     7.5 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum Presumptive   Maximum

8 years     15 years    22 years

I. Except as otherwise provided in this section, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the first degree involving continuous sexual abuse of a child shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

39 years    60 years    81 years

A person who has been previously convicted of one predicate felony shall be sentenced to a term of imprisonment as follows:

Minimum Presumptive   Maximum

69 years     90 years    111 years

J. The presumptive sentences prescribed in subsections C, D, E, F and I of this section or subsections G and H of this section if the person has previously been convicted of a predicate felony may be increased or decreased pursuant to section 13-701, subsections C, D and E.

K. Except as provided in subsections G, H, M and N of this section, a person who is sentenced for a dangerous crime against children in the first degree pursuant to 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.

L. A person who is convicted of any dangerous crime against children in the first degree pursuant to subsection C, D, E, F or I of this section and who has been previously convicted of two or more predicate felonies shall be sentenced to life imprisonment and 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 person has served not fewer than thirty-five years or the sentence is commuted.

M. Notwithstanding chapter 10 of this title, a person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a dangerous crime against children in the second degree pursuant to subsection B, C, E, F or I of this section is guilty of a class 3 felony and if the person is sentenced to a term of imprisonment, the term of imprisonment is as follows and the person is not eligible for release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted:

Minimum             Presumptive               Maximum

5 years     10 years    15 years

N. A person who is convicted of any dangerous crime against children in the second degree and who has been previously convicted of one or more predicate felonies is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

O. Section 13-704, subsection J and section 13-707, subsection B apply to the determination of prior convictions.

P. The sentence imposed on a person by the court for a dangerous crime against children under subsection H of this section involving sexual abuse may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed on a person for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed on the person at any time, including sexual abuse of the same victim.

Q. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

R. A dangerous crime against children is in the first degree if it is a completed offense and is in the second degree if it is a preparatory offense, except attempted first degree murder is a dangerous crime against children in the first degree.

S. It is not a defense to a dangerous crime against children that the minor is a person posing as a minor or is otherwise fictitious if the defendant knew or had reason to know the purported minor was under fifteen years of age.

T. For the purposes of this section:

1. "Dangerous crime against children":

(a) Means any of the following that is committed against a minor who is under fifteen years of age or against a person posing as a minor if the defendant knew or had reason to know that the purported minor was under fifteen years of age:

(i) Second degree murder.

(ii) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(iii) Sexual assault.

(iv) Molestation of a child.

(v) Sexual conduct with a minor.

(vi) Commercial sexual exploitation of a minor.

(vii) Sexual exploitation of a minor.

(viii) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.

(ix) Kidnapping.

(x) Sexual abuse.

(xi) Taking a child for the purpose of prostitution as prescribed in section 13-3206.

(xii) Child sex trafficking as prescribed in section 13-3212.

(xiii) Involving or using minors in drug offenses.

(xiv) Continuous sexual abuse of a child.

(xv) Attempted first degree murder.

(xvi) Sex trafficking.

(xvii) Manufacturing methamphetamine under circumstances that cause physical injury to a minor.

(xviii) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.

(xix) Luring a minor for sexual exploitation.

(xx) Aggravated luring a minor for sexual exploitation.

(xxi) Unlawful age misrepresentation.

(xxii) Unlawful mutilation.

(xxiii) Sexual extortion as prescribed in section 13-1428.

(b) For the purposes of subdivision (a), items (vi) and (vii) of this paragraph, includes a visual depiction that is indistinguishable from an actual minor who is under fifteen years of age.

2. "Predicate felony" means any felony involving child abuse pursuant to section 13-3623, subsection A, paragraph 1, a sexual offense, conduct involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, or a dangerous crime against children in the first or second degree.
A.R.S. § 13-1818 — Arizona Code / Title 13 / Chapter 18 / Section 1818
13-1818 Misappropriation of charter school monies; violation; classification
Status: in_force

13-1818. Misappropriation of charter school monies; violation; classification

A. A person commits misappropriation of charter school monies if without lawful authority and with an intent to defraud the person converts monies provided by this state under a charter school contract in a manner that does not further the purposes of the charter and is not reasonably related to the business of the charter school.

B. A violation of subsection A is a class 4 felony, except that if the amount of monies converted is twenty-five thousand dollars or more a violation of subsection A is a class 2 felony.
A.R.S. § 13-3801 — Arizona Code / Title 13 / Chapter 38 / Article 1 / Section 3801
13-3801 Preventing offenses; aiding officer
Status: in_force

13-3801. Preventing offenses; aiding officer

A. Public offenses may be prevented by intervention of peace officers as follows:

1. By requiring security to keep the peace.

2. Forming a police detail in cities and towns and requiring their attendance in exposed places.

3. Suppressing riots.

B. When peace officers are authorized to act in preventing public offenses, other persons, who, by their command, act in their aid, are justified in so doing.
A.R.S. § 13-3827 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3827
13-3827 Internet sex offender website; investigation of records; immunity; exception; definitions
Status: in_force

13-3827. Internet sex offender website; investigation of records; immunity; exception; definitions

A. The department of public safety shall establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public. The internet sex offender website shall include the following offenders:

1. Any offender whose risk assessment has been determined to be a level two or level three.

2. Unless included under paragraph 1 of this subsection, any offender who at the time of the offense was eighteen years of age or older and who was convicted of or adjudicated guilty except insane for any of the following offenses, whether completed or preparatory, or the same or a substantially similar offense in another state or jurisdiction:

(a) Sexual assault pursuant to section 13-1406.

(b) Sexual exploitation of a minor pursuant to section 13-3553 if the offender is at least twenty-one years of age and is sentenced pursuant to section 13-705.

(c) Commercial sexual exploitation of a minor pursuant to section 13-3552.

(d) Sexual abuse pursuant to section 13-1404 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(e) Molestation of a child pursuant to section 13-1410 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(f) Sexual conduct with a minor pursuant to section 13-1405 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(g) Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.

(h) Child sex trafficking pursuant to section 13-3212, subsection A committed on or after August 9, 2017 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(i) Child sex trafficking pursuant to section 13-3212, subsection B, paragraph 1 or 2 committed on or after August 9, 2017.

(j) Taking a child for the purpose of prostitution pursuant to section 13-3206 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(k) Luring a minor for sexual exploitation pursuant to section 13-3554 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(l) Aggravated luring a minor for sexual exploitation pursuant to section 13-3560 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

(m) Continuous sexual abuse of a child pursuant to section 13-1417 if either of the following applies:

(i) The victim is under twelve years of age.

(ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense.

B. The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to section 13-3821:

1. The offender's name, address and age.

2. A current photograph.

3. The offense committed and notification level pursuant to section 13-3825, subsection C, if a risk assessment has been completed pursuant to section 13-3825.

C. The department of public safety shall annually update on the website the name, address and photograph of each sex offender.

D. The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used.  This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.

E. The department of public safety or the third party responsible for maintaining the internet sex offender website shall make available to an authorized organization a registered sex offender's required online identifier and the name of any corresponding website or internet communication service for comparison with information that is held by the authorized organization. The authorized organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the authorized organization's system.  The authorized organization shall not further disseminate that the person is a registered sex offender.

F. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.

G. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

H. The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

I. Except for a person who is required to register pursuant to section 13-3821, a person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.

J. This section does not apply to an offender during any time that the offender is incarcerated in the state department of corrections.

K. For the purpose of this section:

1. "Authorized organization" means an internet communication service or related safety organization that is approved by the department or third party responsible for maintaining the internet sex offender website to access required online identifiers.

2. "Required online identifier":

(a) Means:

(i) Any email address information, instant message or chat information.

(ii) A social networking platform account name or identifier.

(iii) Any identifier used for communicating on a mobile application or internet website.

(iv) A mobile telephone number.

(v) Any mobile device identification information.

(vi) Any other similar internet communication name.

(b) Does not include a social security number, date of birth, personal password or pin number.
A.R.S. § 13-4516 — Arizona Code / Title 13 / Chapter 41 / Section 4516
13-4516 Notice to central state repository; records
Status: in_force

13-4516. Notice to central state repository; records

A. The court shall notify the central state repository established by section 41-1750 of any commitment that is ordered or any release that is authorized under this chapter and of any determination that a defendant has regained competency to stand trial.

B. The court and the department of health services shall keep records of the offenses for which a defendant was charged, any court ordered examinations and treatment outcomes.
A.R.S. § 13-3906 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3906
13-3906 Processing arrestees; citizenship determination; notice
Status: in_force

13-3906. Processing arrestees; citizenship determination; notice

A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:

1. Notify the person's country of citizenship of the person's detention if the person does not waive notification or if the person's country of citizenship requires notification regardless of the person's waiver of notification.

2. Document the notification to the person's country of citizenship and any waiver of notification.

3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-3961, subsection A, paragraph 5 or section 13-3967, subsection B, paragraph 14 or for any other lawful purpose.

B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:

1. Affect the admissibility of any statements, the voluntariness of a guilty plea or the validity of a conviction.

2. Afford a defendant any rights in any proceeding related to deportation, exclusion or denial of naturalization.
A.R.S. § 13-2110 — Arizona Code / Title 13 / Chapter 21 / Section 2110
13-2110 Unlawful possession or use of scanning device or reencoder; classification
Status: in_force

13-2110. Unlawful possession or use of scanning device or reencoder; classification

A. It is unlawful for a person to use a scanning device or reencoder without the permission of the cardholder of the credit card from which the information is being scanned or reencoded and with the intent to defraud the cardholder, the issuer or a merchant.

B. It is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud any device, apparatus, equipment, software, article, material, good, property or supply that is specifically designed or adapted for use as or in a scanning device or a reencoder.

C. Subsection B of this section does not apply to peace officers or prosecutors in the performance of their duties.

D. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 13-4291 — Arizona Code / Title 13 / Chapter 38 / Article 34 / Section 4291
13-4291 Definitions
Status: in_force

13-4291. Definitions

In this article, unless the context otherwise requires:

1. "Cell site simulator device" means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device.

2. "Cell site simulator device search warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to identify a communications device through the use of a cell site simulator device.

3. "Communications device" means any device that allows the device's user to send or receive oral, wire or electronic communications or computer services.

4. "Nontarget data" means information that is collected by a cell site simulator device pursuant to a search warrant that is issued under section 13-4293 or section 13-4294 and that identifies a communications device that is not related to the subject of the search warrant.

5. "Tracking device" means an electronic or mechanical device, including a communications device, that tracks the movement of a person or an object.

6. "Tracking device search warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to track a person or an object through the use of a tracking device.
A.R.S. § 13-2804 — Arizona Code / Title 13 / Chapter 28 / Section 2804
13-2804 Tampering with a witness; classification
Status: in_force

13-2804. Tampering with a witness; classification

A. A person commits tampering with a witness if the person knowingly communicates, directly or indirectly, with a witness in any official proceeding or a person he believes may be called as a witness to do any of the following:

1. Unlawfully withhold any testimony.

2. Testify falsely.

3. Absent himself from any official proceeding to which he has been legally summoned.

4. Evade a summons or subpoena.

B. Tampering with a witness is a class 6 felony.
A.R.S. § 13-3006 — Arizona Code / Title 13 / Chapter 30 / Section 3006
13-3006 Divulging communication service information; classification; exception
Status: in_force

13-3006. Divulging communication service information; classification; exception

A person is guilty of a class 6 felony who either:

1. Intentionally and without lawful authority obtains any knowledge of the contents of a wire or electronic communication by connivance with a communication service provider or its officer or employee.

2. Is a communications service provider, officer or employee of a communications service provider and intentionally divulges to anyone but the person for whom it was intended, except with the permission of the sender or the person for whom it was intended or in any case covered by the exemption in section 13-3012, the contents or the nature of a wire or electronic communication entrusted to the communications service provider for transmission or delivery.
A.R.S. § 13-3401 — Arizona Code / Title 13 / Chapter 34 / Section 3401
13-3401 Definitions
Status: in_force

13-3401. Definitions

In this chapter, unless the context otherwise requires:

1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.

2. "Amidone" means any substance identified chemically as (4-4-diphenyl-6-dimethylamine-heptanone-3), or any salt of such substance, by whatever trade name designated.

3. "Board" means the Arizona state board of pharmacy.

4. "Cannabis" means the following substances under whatever names they may be designated:

(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.

(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.

5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.

6. "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:

(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(i) Alpha-ethyltryptamine.

(ii) Alpha-methyltryptamine.

(iii) (2-aminopropyl) benzofuran (APB).

(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).

(v) Aminorex.

(vi) 4-bromo-2, 5-dimethoxyphenethylamine.

(vii) 4-bromo-2, 5-dimethoxyamphetamine.

(viii) Bufotenine.

(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).

(x) Diethyltryptamine.

(xi) 2, 5-dimethoxyamphetamine.

(xii) Dimethyltryptamine.

(xiii) (2-ethylaminopropyl)-benzofuran (EAPB).

(xiv) 5-methoxy-alpha-methyltryptamine.

(xv) 5-methoxy-3, 4-methylenedioxyamphetamine.

(xvi) 4-methyl-2, 5-dimethoxyamphetamine.

(xvii) (2-methylaminopropyl)-benzofuran (MAPB).

(xviii) Ibogaine.

(xix) Lysergic acid amide.

(xx) Lysergic acid diethylamide.

(xxi) Mescaline.

(xxii) 4-methoxyamphetamine.

(xxiii) Methoxymethylenedioxyamphetamine (MMDA).

(xxiv) Methylenedioxyamphetamine (MDA).

(xxv) 3, 4-methylenedioxymethamphetamine.

(xxvi) 3, 4-methylenedioxy-N-ethylamphetamine.

(xxvii) N-ethyl-3-piperidyl benzilate (JB-318).

(xxviii) N-hydroxy-3, 4-methylenedioxyamphetamine.

(xxix) N-methyl-3-piperidyl benzilate (JB-336).

(xxx) N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above. N-methyltryptamine mimetic substances do not include melatonin (5-methoxy n-acetyltryptamine). Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO-NMT, MET, NMT and Norbufotenin.

(xxxi) N-(1-phenylcyclohexyl) ethylamine (PCE).

(xxxii) Nabilone.

(xxxiii) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).

(xxxiv) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).

(xxxv) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.

(xxxvi) Para-methoxyamphetamine (PMA).

(xxxvii) Psilacetin.

(xxxviii) Psilocybin.

(xxxix) Psilocyn.

(xl) Synhexyl.

(xli) Trifluoromethylphenylpiperazine (TFMPP).

(xlii) Trimethoxyamphetamine (TMA).

(xliii) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).

(xliv) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).

(xlv) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).

(xlvi) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).

(xlvii) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).

(xlviii) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).

(xlix) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH-015 and isomers).

(l) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-Y)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).

(li) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol

(CP 47,497 and isomers).

(lii) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol

(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).

(liii) Xylazine.

(b) Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:

(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2-(3-hydroxycyclohexyl)phenol generic definition include CP-47,497, CP-47,497 C8-Homolog, CP-55,940 and CP-56,667.

(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH-185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414 and JWH-415.

(iii) 3-naphthoyl-indazole or 3-(naphthylmethane)-indazole by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-naphthoyl-indazole or 3-(naphthylmethane)-indazole generic definition include THJ2201 and THJ-018.

(iv) 3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.

(v) 1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.  Substances in the 1-(naphthylmethylene)indene generic definition include JWH-176.

(vi) 3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM-2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-4, RCS-8, SR-18 and SR-19.

(vii) 3-(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3-(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent. Substances in the 3-(cyclopropylmethanone) indole generic definition include UR-144, fluoro-UR-144 and XLR-11.

(viii) 3-adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the 3-adamantoylindole generic definition include AB-001.

(ix) N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the N-(adamantyl)-indole-3-carboxamide generic definition include SDB-001.

(x) Indole-3-carboxamide or indazole-3-carboxamide with substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indole ring or the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent.  Substances in the indole-3-carboxamide or indazole-3-carboxamide generic definition include AKB-48, fluoro-AKB-48, APINACA, AB-PINACA, AB-FUBINACA, ABICA and ADBICA.

(xi) 8-Quinolinyl-indole-3-carboxylate or 8-quinolinyl-indazole-3-carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole ring or indazole ring to any extent, whether or not substituted on the quinoline ring to any extent. Substances in the 8-quinolinyl-indole-3-carboxylate or the 8-quinolinyl-indazole-3-carboxylate generic definition include PB-22, fluoro-PB-22, NPB-22 and fluoro-NPB-22.

(xii) Naphthalenyl-indole-3-carboxylate or naphthalenyl-indazole-3-carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole or indazole ring to any extent, whether or not substituted on the naphthalenyl ring to any extent. Substances in the naphthalenyl-indole-3-carboxylate or naphthalenyl-indazole-3-carboxylate generic definition include NM2201, FDU-PB-22, SDB-005 and fluoro SDB-005.

(c) Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:

(i) Alpha-pyrrolidinobutiophenone (Alpha-PBP).

(ii) Alpha-pyrrolidinopropiophenone (Alpha-PPP).

(iii) Alpha-pyrrolidinovalerophenone (Alpha-PVP).

(iv) Alpha-pyrrolidinovalerothiophenone (Alpha-PVT).

(v) Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above. Substances in the aminoindane generic definition include MDAI, MMAI, IAI and AMMI.

(vi) Amphetamine.

(vii) Benzphetamine.

(viii) Benzylpiperazine (BZP).

(ix) Beta-keto-n-methylbenzodioxolylbutanamine (Butylone).

(x) Beta-keto-n-methylbenzodioxolylpentanamine (Pentylone).

(xi) Butorphanol.

(xii) Cathine ((+)-norpseudoephedrine).

(xiii) Cathinomimetic substances that are any substances derived from cathinone, (2-amino-1-phenyl-1-propanone) by any substitution at the phenyl ring, any substitution at the 3 position, any substitution at the nitrogen atom or any combination of the above substitutions.

(xiv) Cathinone.

(xv) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

(xvi) Chlorphentermine.

(xvii) Clortermine.

(xviii) Diethylpropion.

(xix) Dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI).

(xx) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).

(xxi) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).

(xxii) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

(xxiii) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).

(xxiv) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).

(xxv) Dimethylcathinone (Metamfepramone).

(xxvi) Ethcathinone.

(xxvii) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2).

(xxviii) Fencamfamin.

(xxix) Fenethylline.

(xxx) Fenproporex.

(xxxi) Fluoroamphetamine.

(xxxii) Fluoromethamphetamine.

(xxxiii) Fluoromethcathinone.

(xxxiv) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

(xxxv) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine(2C-T-4).

(xxxvi) Mazindol.

(xxxvii) Mefenorex.

(xxxviii) Methamphetamine.

(xxxix) Methcathinone.

(xl) Methiopropamine.

(xli) Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).

(xlii) Methoxymethcathinone (methedrone).

(xliii) Methoxyphenethylamine mimetic substances that are any substances derived from 2, 5-dimethoxy-phenethylamine by any substitution at the phenyl ring, any substitution at the nitrogen atom, any substitutions at the carbon atoms of the ethylamine, or any combination of the above substitutions.

(xliv) 4-methylaminorex.

(xlv) Methyl-a-pyrrolidinobutiophenone (MPBP).

(xlvi) Methylenedioxy-alphapyrrolidinopropiophenone (MDPPP).

(xlvii) Methylenedioxyethcathinone (Ethylone).

(xlviii) Methylenedioxymethcathinone (Methylone).

(xlix) Methylenedioxypyrovalerone (MDPV).

(l) Methylmethcathinone (Mephedrone).

(li) Methylphenidate.

(lii) Modafinil.

(liii) Naphthylpyrovalerone (Naphyrone).

(liv) N-ethylamphetamine.

(lv) N, N-dimethylamphetamine.

(lvi) Pemoline.

(lvii) Phendimetrazine.

(lviii) Phenmetrazine.

(lix) Phentermine.

(lx) Pipradol.

(lxi) Propylhexedrine.

(lxii) Pyrovalerone.

(lxiii) Sibutramine.

(lxiv) Spa ((-)-1-dimethylamino-1,2-diphenylethane).

(d) Any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(i) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, unless specifically excepted.

(ii) Alprazolam.

(iii) Bromazepam.

(iv) Camazepam.

(v) Carisoprodol.

(vi) Chloral betaine.

(vii) Chloral hydrate.

(viii) Chlordiazepoxide.

(ix) Chlorhexadol.

(x) Clobazam.

(xi) Clonazepam.

(xii) Clorazepate.

(xiii) Clotiazepam.

(xiv) Cloxazolam.

(xv) Delorazepam.

(xvi) Diazepam.

(xvii) Dichloralphenazone.

(xviii) Estazolam.

(xix) Ethchlorvynol.

(xx) Ethinamate.

(xxi) Ethyl loflazepate.

(xxii) Etizolam.

(xxiii) Fenfluramine.

(xxiv) Fludiazepam.

(xxv) Flunitrazepam.

(xxvi) Flurazepam.

(xxvii) Gamma hydroxy butyrate.

(xxviii) Glutethimide.

(xxix) Halazepam.

(xxx) Haloxazolam.

(xxxi) Hydroxyphencyclidine (HO-PCP).

(xxxii) Ketamine.

(xxxiii) Ketazolam.

(xxxiv) Loprazolam.

(xxxv) Lorazepam.

(xxxvi) Lormetazepam.

(xxxvii) Lysergic acid.

(xxxviii) Mebutamate.

(xxxix) Mecloqualone.

(xl) Medazepam.

(xli) Meprobamate.

(xlii) Methaqualone.

(xliii) Methohexital.

(xliv) 2-(methoxyphenyl)-2-(ethylamino)cyclohexanone (Methoxetamine).

(xlv) 2-(methoxyphenyl)-2-(methylamino)cyclohexanone

(Methoxyketamine).

(xlvi) Methoxyphencyclidine(MeO-PCP).

(xlvii) Methyprylon.

(xlviii) Midazolam.

(xlix) Nimetazepam.

(l) Nitrazepam.

(li) Nordiazepam.

(lii) Oxazepam.

(liii) Oxazolam.

(liv) Paraldehyde.

(lv) Petrichloral.

(lvi) Phencyclidine (PCP).

(lvii) Phencyclidine mimetic substances that are any substances derived from phenylcyclohexylpiperidine by any substitution at the phenyl ring, any substitution at the piperidine ring, any substitution at the cyclohexyl ring, any replacement of the phenyl ring or any combination of the above. Substances in the phenylcyclohexylpiperidine generic definition include Amino-PCP, BCP, Bromo-PCP, BTCP, Chloro-PCP, Fluoro-PCP, HO-PCP, MeO-PCP, Methyl-PCP, Nitro-PCP, Oxo-PCP, PCE, PCM, PCPY, TCP and TCPY.

(lviii) Pinazepam.

(lix) Prazepam.

(lx) Scopolamine.

(lxi) Sulfondiethylmethane.

(lxii) Sulfonethylmethane.

(lxiii) Sulfonmethane.

(lxiv) Quazepam.

(lxv) Temazepam.

(lxvi) Tetrazepam.

(lxvii) Tiletamine.

(lxviii) Triazolam.

(lxix) Zaleplon.

(lxx) Zolazepam.

(lxxi) Zolpidem.

(lxxii) Zopiclone.

(e) Any material, compound, mixture or preparation that contains any quantity of the following anabolic steroids and their salts, isomers or esters:

(i) Boldenone.

(ii) Clostebol (4-chlorotestosterone).

(iii) Dehydrochloromethyltestosterone.

(iv) Drostanolone.

(v) Ethylestrenol.

(vi) Fluoxymesterone.

(vii) Formebulone (formebolone).

(viii) Mesterolone.

(ix) Methandriol.

(x) Methandrostenolone (methandienone).

(xi) Methenolone.

(xii) Methyltestosterone.

(xiii) Mibolerone.

(xiv) Nandrolone.

(xv) Norethandrolon.

(xvi) Oxandrolone.

(xvii) Oxymesterone.

(xviii) Oxymetholone.

(xix) Stanolone (4-dihydrotestosterone).

(xx) Stanozolol.

(xxi) Testolactone.

(xxii) Testosterone.

(xxiii) Trenbolone.

7. "Deliver" means the actual, constructive or attempted exchange from one person to another, whether or not there is an agency relationship.

8. "Director" means the director of the department of health services.

9. "Dispense" means distribute, leave with, give away, dispose of or deliver.

10. "Drug court program" means a program that is established pursuant to section 13-3422 by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor.

11. "Drug dependent person" means a person who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological or physical dependence, or both, arising from the use of that substance.

12. "Federal act" has the same meaning prescribed in section 32-1901.

13. "Isoamidone" means any substance identified chemically as (4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt of such substance, by whatever trade name designated.

14. "Isonipecaine" means any substance identified chemically as (1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester), or any salt of such substance, by whatever trade name designated.

15. "Ketobemidone" means any substance identified chemically as (4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl ketone hydrochloride), or any salt of such substance, by whatever trade name designated.

16. "Licensed" or "permitted" means authorized by the laws of this state to do certain things.

17. "Manufacture" means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling of containers. Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with applicable state and local laws and rules by a licensed practitioner incident to and in the course of his licensed practice.

18. "Manufacturer" means a person who manufactures a narcotic or dangerous drug or other substance controlled by this chapter.

19. "Marijuana" means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.

20. "Narcotic drugs" means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:

(a) Acetyl-alpha-methylfentanyl.

(b) Acetylmethadol.

(c) Alfentanil.

(d) Allylprodine.

(e) Alphacetylmethadol.

(f) Alphameprodine.

(g) Alphamethadol.

(h) Alpha-methylfentanyl.

(i) Alpha-methylthiofentanyl.

(j) Alphaprodine.

(k) Amidone (methadone).

(l) Anileridine.

(m) Benzethidine.

(n) Benzylfentanyl.

(o) Betacetylmethadol.

(p) Beta-hydroxyfentanyl.

(q) Beta-hydroxy-3-methylfentanyl.

(r) Betameprodine.

(s) Betamethadol.

(t) Betaprodine.

(u) Bezitramide.

(v) Buprenorphine and its salts.

(w) Butonitazene.

(x) Cannabis.

(y) Carfentanil.

(z) 4-chloro-n-[-1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]benzenesulfonamide (W-18).

(aa) 4-chloro-n-[1-(2-pheylethyl)-2-piperidinylidene] benzenesulfonamide (W-15).

(bb) Clonitazene.

(cc) Coca leaves.

(dd) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45).

(ee) Dextromoramide.

(ff) Dextropropoxyphene.

(gg) Diampromide.

(hh) 3,4-dichloro-n-(-[1-(dimethylamino)cyclohexyl]methyl)-benzamide (AH-7921).

(ii) 3,4-dichloro-n-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700).

(jj) Diethylthiambutene.

(kk) Difenoxin.

(ll) Dihydrocodeine.

(mm) Dimenoxadol.

(nn) Dimepheptanol.

(oo) Dimethylthiambutene.

(pp) Dioxaphetyl butyrate.

(qq) Diphenidine (DEP).

(rr) Diphenoxylate.

(ss) Dipipanone.

(tt) Ephenidine.

(uu) Ethylmethylthiambutene.

(vv) Etodesnitazene.

(ww) Etonitazene.

(xx) Etonitazepyne.

(yy) Etoxeridine.

(zz) Fentanyl.

(aaa) Fentanyl mimetic substances that are any substances derived from fentanyl by any substitution in the phenethyl group, any substitution in the piperidine ring, any substitution in the aniline ring, any replacement of the phenyl portion of the phenethyl group, any replacement of the N-propionyl group or any combination of the above.

(bbb) Flunitazene.

(ccc) Furethidine.

(ddd) Hydroxypethidine.

(eee) Isoamidone (isomethadone).

(fff) Isophenidine.

(ggg) Isotonitazene.

(hhh) Pethidine (meperidine).

(iii) Ketobemidone.

(jjj) Lefetamine.

(kkk) Levomethorphan.

(lll) Levomoramide.

(mmm) Levophenacylmorphan.

(nnn) Levorphanol.

(ooo) Metazocine.

(ppp) Methoxphenidine (MXP).

(qqq) 3-methylfentanyl.

(rrr) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).

(sss) 3-methylthiofentanyl.

(ttt) Metodesnitazene.

(uuu) Metonitazene.

(vvv) Morpheridine.

(www) Noracymethadol.

(xxx) Norlevorphanol.

(yyy) Normethadone.

(zzz) Norpipanone.

(aaaa) Opium.

(bbbb) Para-fluorofentanyl.

(cccc) Pentazocine.

(dddd) Phenadoxone.

(eeee) Phenampromide.

(ffff) Phenazocine.

(gggg) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).

(hhhh) Phenomorphan.

(iiii) Phenoperidine.

(jjjj) Piminodine.

(kkkk) Piritramide.

(llll) Proheptazine.

(mmmm) Properidine.

(nnnn) Propiram.

(oooo) Protonitazene.

(pppp) Racemethorphan.

(qqqq) Racemoramide.

(rrrr) Racemorphan.

(ssss) Remifentanil.

(tttt) Sufentanil.

(uuuu) Thenylfentanyl.

(vvvv) Thiofentanyl.

(wwww) Tilidine.

(xxxx) Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl) cyclohexanol, and its salts, optical and geometric isomers, and its salts of isomers.

(yyyy) Trimeperidine.

21. "Opium" means any compound, manufacture, salt, isomer, salt of isomer, derivative, mixture or preparation of the following, but does not include apomorphine or any of its salts:

(a) Acetorphine.

(b) Acetyldihydrocodeine.

(c) Benzylmorphine.

(d) Codeine.

(e) Codeine methylbromide.

(f) Codeine-N-oxide.

(g) Cyprenorphine.

(h) Desomorphine.

(i) Dihydromorphine.

(j) Drotebanol.

(k) Ethylmorphine.

(l) Etorphine.

(m) Heroin.

(n) Hydrocodone.

(o) Hydromorphinol.

(p) Hydromorphone.

(q) Levo-alphacetylmethadol.

(r) Methyldesorphine.

(s) Methyldihydromorphine.

(t) Metopon.

(u) Morphine.

(v) Morphine methylbromide.

(w) Morphine methylsulfonate.

(x) Morphine-N-oxide.

(y) Myrophine.

(z) Nalorphine.

(aa) Nicocodeine.

(bb) Nicomorphine.

(cc) Normorphine.

(dd) Oxycodone.

(ee) Oxymorphone.

(ff) Pholcodine.

(gg) Thebacon.

(hh) Thebaine.

22. "Ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine product" means a product that contains ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine and that is all of the following:

(a) Approved for sale under the federal act.

(b) Labeled, advertised and marketed only for an indication that is approved by the federal food and drug administration.

(c) Either:

(i) A nonliquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenlypropanolamine and that is packaged in blister packs containing not more than two dosage units or, if the use of blister packs is technically infeasible, that is packaged in unit dose packets or pouches.

(ii) A liquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine.

23. "Peyote" means any part of a plant of the genus lophophora, known as the mescal button.

24. "Pharmacy" means a licensed business where drugs are compounded or dispensed by a licensed pharmacist.

25. "Practitioner" means a person licensed to prescribe and administer drugs.

26. "Precursor chemical I" means any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:

(a) N-acetylanthranilic acid.

(b) Anthranilic acid.

(c) Ephedrine.

(d) Ergotamine.

(e) Isosafrole.

(f) Lysergic acid.

(g) Methylamine.

(h) N-ethylephedrine.

(i) N-ethylpseudoephedrine.

(j) N-methylephedrine.

(k) N-methylpseudoephedrine.

(l) Norephedrine.

(m) (-)-Norpseudoephedrine.

(n) Phenylacetic acid.

(o) Phenylpropanolamine.

(p) Piperidine.

(q) Pseudoephedrine.

27. "Precursor chemical II" means any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:

(a) 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

(b) 4-cyano-1-methyl-4-phenylpiperidine.

(c) Chlorephedrine.

(d) Chlorpseudoephedrine.

(e) Ethyl-4-phenylpiperidine-4-carboxylate.

(f) 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.

(g) 1-methyl-4-phenylpiperidine-4-carboxylic acid.

(h) N-formyl amphetamine.

(i) N-formyl methamphetamine.

(j) Phenyl-2-propanone.

(k) 1-piperidinocyclohexane carbonitrile.

(l) 1-pyrrolidinocyclohexane carbonitrile.

28. "Prescription-only drug" does not include a dangerous drug or narcotic drug but means:

(a) Any drug which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal act or section 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d) Any drug required by the federal act to bear on its label the legend "Caution: Federal law prohibits dispensing without prescription" or "Rx only".

29. "Produce" means grow, plant, cultivate, harvest, dry, process or prepare for sale.

30. "Regulated chemical" means the following substances in bulk form that are not a useful part of an otherwise lawful product:

(a) Acetic anhydride.

(b) Hypophosphorous acid.

(c) Iodine.

(d) Sodium acetate.

(e) Red phosphorus.

(f) Gamma butyrolactone (GBL).

(g) 1, 4-butanediol.

(h) Butyrolactone.

(i) 1, 2 butanolide.

(j) 2-oxanalone.

(k) Tetrahydro-2-furanone.

(l) Dihydro-2(3H)-furanone.

(m) Tetramethylene glycol.

31. "Retailer" means either:

(a) A person other than a practitioner who sells any precursor chemical or regulated chemical to another person for purposes of consumption and not resale, whether or not the person possesses a permit issued pursuant to title 32, chapter 18.

(b) A person other than a manufacturer or wholesaler who purchases, receives or acquires more than twenty-four grams of a precursor chemical.

32. "Sale" or "sell" means an exchange for anything of value or advantage, present or prospective.

33. "Sale for personal use" means the retail sale for a legitimate medical use in a single transaction to an individual customer, to an employer for dispensing to employees from first aid kits or medicine chests or to a school for administration pursuant to section 15-344.

34. "Scientific purpose" means research, teaching or chemical analysis.

35. "Suspicious transaction" means a transaction to which any of the following applies:

(a) A report is required under the federal act.

(b) The circumstances would lead a reasonable person to believe that any person is attempting to possess a precursor chemical or regulated chemical for the purpose of unlawful manufacture of a dangerous drug or narcotic drug, based on such factors as the amount involved, the method of payment, the method of delivery and any past dealings with any participant.

(c) The transaction involves payment for precursor or regulated chemicals in cash or money orders in a total amount of more than $200.

(d) The transaction involves a sale, a transfer or furnishing to a retailer for resale without a prescription of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine that is not an ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine product.

36. "Threshold amount" means a weight, market value or other form of measurement of an unlawful substance as follows:

(a) One gram of heroin.

(b) Nine grams of cocaine, including hydrolyzed cocaine.

(c) Four grams or 50 milliliters of PCP.

(d) Nine grams of methamphetamine, including methamphetamine in liquid suspension.

(e) Nine grams of amphetamine, including amphetamine in liquid suspension.

(f) One-half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.

(g) Two pounds of marijuana.

(h) Nine grams of fentanyl or fentanyl mimetic substances.

(i) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of section 13-3420.

(j) For any unlawful substance not listed in subdivisions (a) through (h) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (h) of this paragraph, a value of at least $1,000.

37. "Transfer" means furnish, deliver or give away.

38. "Vapor-releasing substance containing a toxic substance" means a material which releases vapors or fumes containing any of the following:

(a) Ketones, including acetone, methyl ethyl ketone, mibk, miak, isophorone and mesityl oxide.

(b) Hydrocarbons, including propane, butane, pentane, hexane, heptane and halogenated hydrocarbons.

(c) Ethylene dichloride.

(d) Pentachlorophenol.

(e) Chloroform.

(f) Methylene chloride.

(g) Trichloroethylene.

(h) Difluoroethane.

(i) Tetrafluoroethane.

(j) Aldehydes, including formaldehyde.

(k) Acetates, including ethyl acetate and butyl acetate.

(l) Aromatics, including benzene, toluene, xylene, ethylbenzene and cumene.

(m) Alcohols, including methyl alcohol, ethyl alcohol, isopropyl alcohol, butyl alcohol and diacetone alcohol.

(n) Ether, including Diethyl ether and petroleum ether.

(o) Nitrous oxide.

(p) Amyl nitrite.

(q) Isobutyl nitrite.

39. "Weight" unless otherwise specified includes the entire weight of any mixture or substance that contains a detectable amount of an unlawful substance. If a mixture or substance contains more than one unlawful substance, the weight of the entire mixture or substance is assigned to the unlawful substance that results in the greater offense. If a mixture or substance contains lysergic acid diethylamide, the offense that results from the unlawful substance shall be based on the greater offense as determined by the entire weight of the mixture or substance or the number of blotter dosage units. For the purposes of this paragraph, "mixture" means any combination of substances from which the unlawful substance cannot be removed without a chemical process.

40. "Wholesaler" means a person who in the usual course of business lawfully supplies narcotic drugs, dangerous drugs, precursor chemicals or regulated chemicals that he himself has not produced or prepared, but not to a person for the purpose of consumption by the person, whether or not the wholesaler has a permit that is issued pursuant to title 32, chapter 18.  Wholesaler includes a person who sells, delivers or dispenses a precursor chemical in an amount or under circumstances that would require registration as a distributor of precursor chemicals under the federal act.
A.R.S. § 13-305 — Arizona Code / Title 13 / Chapter 3 / Section 305
13-305 Criminal liability of enterprises; definitions
Status: in_force

13-305. Criminal liability of enterprises; definitions

A. Notwithstanding any other provisions of law, an enterprise commits an offense if:

1. The conduct constituting the offense consists of a failure to discharge a specific duty imposed by law; or

2. The conduct undertaken in behalf of the enterprise and constituting the offense is engaged in, authorized, solicited, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment; or

3. The conduct constituting the offense is engaged in by an agent of the enterprise while acting within the scope of employment and in behalf of the enterprise; and

(a) The offense is a misdemeanor or petty offense; or

(b) The offense is defined by a statute which imposes criminal liability on an enterprise.

B. As used in this section:

1. "Agent" means any officer, director, employee of an enterprise or any other person who is authorized to act in behalf of the enterprise.

2. "High managerial agent" means an officer of an enterprise or any other agent in a position of comparable authority with respect to the formulation of enterprise policy.
A.R.S. § 13-1302 — Arizona Code / Title 13 / Chapter 13 / Section 1302
13-1302 Custodial interference; child born out of wedlock; defenses; classification
Status: in_force

13-1302. Custodial interference; child born out of wedlock; defenses; classification

A. A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following:

1. Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.

2. Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.

3. If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.

4. At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.

B. If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court.

C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both of the following apply:

1. The defendant has begun the process to obtain an order of protection or files a petition for custody within a reasonable period of time and the order of protection or petition states the defendant's belief that the child was at risk if left with the other parent.

2. The defendant is the child's parent and has the right of custody and the defendant either:

(a) Has a good faith and reasonable belief that the taking, enticing or withholding is necessary to protect the child from immediate danger.

(b) Is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

D. Subsection A, paragraphs 2 and 3 do not apply to a person who is the child's parent if both of the following apply:

1. The person has filed an emergency petition regarding custodial rights with the superior court and has received a hearing date from the court.

2. The person has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

E. A violation of this section is:

1. A class 3 felony if committed by a person other than the parent or agent of the parent or custodian or agent of the custodian.

2. Notwithstanding paragraph 3 of this subsection, a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of this state by the parent or agent of the parent or custodian or the agent of the custodian.

3. A class 6 felony if committed by a parent or agent of the parent or custodian or agent of the custodian.

4. A class 1 misdemeanor if the child or incompetent person is voluntarily returned without physical injury by the parent or defendant or the agent of the parent or defendant no later than forty-eight hours after the parent or defendant takes, entices or keeps from lawful custody the child or incompetent person.
A.R.S. § 13-101 — Arizona Code / Title 13 / Chapter 1 / Section 101
13-101 Purposes
Status: in_force

13-101. Purposes

It is declared that the public policy of this state and the general purposes of the provisions of this title are:

1. To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;

2. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;

3. To define the act or omission and the accompanying mental state which constitute each offense and limit the condemnation of conduct as criminal when it does not fall within the purposes set forth;

4. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties for each;

5. To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized;

6. To impose just and deserved punishment on those whose conduct threatens the public peace; and

7. To promote truth and accountability in sentencing.
A.R.S. § 13-3208 — Arizona Code / Title 13 / Chapter 32 / Section 3208
13-3208 Keeping or residing in house of prostitution; employment in prostitution; classification
Status: in_force

13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification

A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.

B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.
A.R.S. § 13-2316 — Arizona Code / Title 13 / Chapter 23 / Section 2316
13-2316 Computer tampering; venue; forfeiture; classification
Status: in_force

13-2316. Computer tampering; venue; forfeiture; classification

A. A person who acts without authority or who exceeds authorization of use commits computer tampering by:

1. Accessing, altering, damaging or destroying any computer, computer system or network, or any part of a computer, computer system or network, with the intent to devise or execute any scheme or artifice to defraud or deceive, or to control property or services by means of false or fraudulent pretenses, representations or promises.

2. Knowingly altering, damaging, deleting or destroying computer programs or data.

3. Knowingly introducing a computer contaminant into any computer, computer system or network.

4. Recklessly disrupting or causing the disruption of computer, computer system or network services or denying or causing the denial of computer or network services to any authorized user of a computer, computer system or network.

5. Recklessly using a computer, computer system or network to engage in a scheme or course of conduct that is directed at another person and that seriously alarms, torments, threatens or terrorizes the person.  For the purposes of this paragraph, the conduct must both:

(a) Cause a reasonable person to suffer substantial emotional distress.

(b) Serve no legitimate purpose.

6. Preventing a computer user from exiting a site, computer system or network-connected location in order to compel the user's computer to continue communicating with, connecting to or displaying the content of the service, site or system.

7. Knowingly obtaining any information that is required by law to be kept confidential or any records that are not public records by accessing any computer, computer system or network that is operated by this state, a political subdivision of this state, a health care provider as defined in section 12-2291, a clinical laboratory as defined in section 36-451 or a person or entity that provides services on behalf of a health care provider or a clinical laboratory.

8. Knowingly accessing any computer, computer system or network or any computer software, program or data that is contained in a computer, computer system or network.

B. In addition to section 13-109, a prosecution for a violation of this section may be tried in any of the following counties:

1. The county in which the victimized computer, computer system or network is located.

2. The county in which the computer, computer system or network that was used in the commission of the offense is located or in which any books, records, documents, property, financial instruments, computer software, data, access devices or instruments of the offense were used.

3. The county in which any authorized user was denied service or in which an authorized user's service was interrupted.

4. The county in which critical infrastructure resources were tampered with or affected.

C. On conviction of a violation of this section, the court shall order that any computer system or instrument of communication that was owned or used exclusively by the defendant and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed.

D. A violation of subsection A, paragraph 6 of this section constitutes an unlawful practice under section 44-1522 and is in addition to all other causes of action, remedies and penalties that are available to this state.  The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.

E. Computer tampering pursuant to subsection A, paragraph 1 of this section is a class 3 felony.  Computer tampering pursuant to subsection A, paragraph 2, 3 or 4 of this section is a class 4 felony, unless the computer, computer system or network tampered with is a critical infrastructure resource, in which case it is a class 2 felony.  Computer tampering pursuant to subsection A, paragraph 5 of this section is a class 5 felony.  Computer tampering pursuant to subsection A, paragraph 7 or 8 of this section is a class 6 felony.
A.R.S. § 13-3881 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3881
13-3881 Arrest; how made; force and restraint
Status: in_force

13-3881. Arrest; how made; force and restraint

A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.
A.R.S. § 13-4432 — Arizona Code / Title 13 / Chapter 40 / Section 4432
13-4432 Motion to revoke bond or personal recognizance
Status: in_force

13-4432. Motion to revoke bond or personal recognizance

If the prosecutor decides not to move to revoke the bond or personal recognizance of the defendant, the prosecutor shall inform the victim that the victim may petition the court to revoke the bond or personal recognizance of the defendant based on the victim's notarized statement asserting that harassment, threats, physical violence or intimidation against the victim or the victim's immediate family by the defendant or on behalf of the defendant has occurred.
A.R.S. § 13-807 — Arizona Code / Title 13 / Chapter 8 / Section 807
13-807 Civil actions by victims or other persons
Status: in_force

13-807. Civil actions by victims or other persons

A defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this state against the criminal defendant the essential allegations of the criminal offense of which he was adjudged guilty, including judgments of guilt resulting from no contest pleas. An order of restitution in favor of a person does not preclude that person from bringing a separate civil action and proving in that action damages in excess of the amount of the restitution order that is actually paid.
A.R.S. § 13-3302 — Arizona Code / Title 13 / Chapter 33 / Section 3302
13-3302 Exclusions
Status: in_force

13-3302. Exclusions

A. The following conduct is not unlawful under this chapter:

1. Amusement gambling.

2. Social gambling.

3. Regulated gambling if the gambling is conducted in accordance with the statutes, rules or orders governing the gambling.

4. Gambling that is conducted at state, county or district fairs and that complies with section 13-3301, paragraph 1, subdivision (d).

B. An organization that has qualified for an exemption from taxation of income under section 501 of the internal revenue code may conduct a raffle that is subject to the following restrictions:

1. The nonprofit organization shall maintain this status and no member, director, officer, employee or agent of the nonprofit organization may receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. The nonprofit organization has been in existence continuously in this state for a one-year period immediately before conducting the raffle.

3. No person except a bona fide local member of the sponsoring organization may participate directly or indirectly in the management, sales or operation of the raffle.

4. Paragraph 1 or 3 of this subsection does not prohibit:

(a) A licensed general hospital, a licensed special hospital or a foundation established to support cardiovascular medical research that is exempt from taxation of income under section 501(c)(3) of the internal revenue code from contracting with an outside agent who participates in the management, sales or operation of the raffle if the proceeds of the raffle are used to fund medical research, graduate medical education or indigent care and the raffles are conducted not more than three times per calendar year. The maximum fee for an outside agent shall not exceed fifteen percent of the net proceeds of the raffle.

(b) An entity that is exempt from taxation of income under section 501(c)(3) of the internal revenue code and that has at least a twenty-year history of providing comprehensive services to prevent child abuse and to provide services and advocacy for victims of child abuse from contracting with an outside agent who participates in the management, sales or operation of the raffle if the proceeds of the raffle are used to provide comprehensive services to prevent child abuse and to provide services and advocacy for victims of child abuse and the raffles are conducted not more than three times per calendar year.  The maximum fee for an outside agent shall not exceed fifteen percent of the net proceeds of the raffle.

C. A state, county or local historical society designated by this state or a county, city or town to conduct a raffle may conduct the raffle subject to the following conditions:

1. A member, director, officer, employee or agent of the historical society may not receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. The historical society must have been in existence continuously in this state for a five-year period immediately before conducting the raffle.

3. A person, except for a bona fide local member of the sponsoring historical society, may not participate directly or indirectly in the management, sales or operation of the raffle.

D. A nonprofit organization that is a booster club, a civic club or a political club or political organization that is formally affiliated with and recognized by a political party in this state may conduct a raffle that is subject to the following restrictions:

1. A member, director, officer, employee or agent of the club or organization may not receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. A person, except for a bona fide local member of the sponsoring club or organization, may not participate directly or indirectly in the management, sales or operation of the raffle.

3. The maximum annual benefit that the club or organization receives for all raffles is $10,000.

4. The club or organization is organized and operated exclusively for pleasure, recreation or other nonprofit purposes and no part of the club's or organization's net earnings inures to the personal benefit of any member, director, officer, employee or agent of the club or organization.

E. If a university under the jurisdiction of the Arizona board of regents or an organization that has qualified for an exemption from taxation of income under section 501 of the internal revenue code assists student athletes as defined in section 15-1762 to earn compensation from the use of a student athlete's own name, image or likeness, the university or organization may conduct a raffle subject to the following conditions:

1. The university or nonprofit organization shall maintain this status and a member, director, officer, employee or agent of the university or nonprofit organization may not receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. The university or nonprofit organization must have been in existence continuously in this state for a one-year period immediately before conducting the raffle.

3. A person, except for a bona fide local member of the sponsoring university or nonprofit organization, may not participate directly or indirectly in the management, sales or operation of the raffle.
A.R.S. § 13-1203 — Arizona Code / Title 13 / Chapter 12 / Section 1203
13-1203 Assault; classification
Status: in_force

13-1203. Assault; classification

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 2 or 3 is a class 3 misdemeanor.
A.R.S. § 13-4295.02 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.02
13-4295.02 Refusal to comply with order to return to a foreign nation; classification
Status: in_force

13-4295.02. Refusal to comply with order to return to a foreign nation; classification

(Caution:  1998 Prop. 105 applies)

A. A person who is an alien commits refusal to comply with an order to return to a foreign nation if all of the following occur:

1. The person is charged with or convicted of an offense under this article.

2. A court, as applicable, issues an order pursuant to section 13-4295.03 for the person to return to the foreign nation from which the person entered or attempted to enter the United States or the person's nation of origin.

3. The person refuses to comply with the order.

B. A violation of this section is a class 4 felony.
A.R.S. § 13-4201 — Arizona Code / Title 13 / Chapter 38 / Article 27 / Section 4201
13-4201 Definitions
Status: in_force

13-4201. Definitions

In this article, unless the context otherwise requires:

1. "Accused" means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause or has waived such a preliminary hearing or who has been lawfully indicted.

2. "Commission" means the state industrial commission.

3. "Person" means a person as defined in section 13-105 and includes a representative or assignee of such person.

4. "Victim" means any person, including the surviving dependent of a person, who has suffered physical injury or pecuniary loss resulting from the crime of the accused.
A.R.S. § 13-810 — Arizona Code / Title 13 / Chapter 8 / Section 810
13-810 Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
Status: in_force

13-810. Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

A. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is sentenced to pay a fine, a surcharge, a fee, an assessment or incarceration costs defaults in the payment of the fine, surcharge, fee, assessment or incarceration costs or of any installment as ordered, the court, on motion of the prosecuting attorney or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.

B. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, if a defendant who is ordered to pay restitution defaults in the payment of the restitution or of any installment as ordered, the court, on motion of the prosecuting attorney, on petition of any person entitled to restitution pursuant to a court order or on its own motion, shall require the defendant to show cause why the defendant's default should not be treated as contempt and may issue a summons or a warrant of arrest for the defendant's appearance.

C. In addition to any other remedy provided by law, including a writ of execution or other civil enforcement, the court, on receipt of a petition and issuance of an order to show cause, has jurisdiction to preserve rights over all restitution liens entered pursuant to section 13-806, subsection B, and perfected pursuant to section 13-806, subsection E.

D. At any hearing on the order to show cause the court, the prosecuting attorney or a person entitled to restitution may examine the defendant under oath concerning the defendant's financial condition, employment and assets or on any other matter relating to the defendant's ability to pay restitution.

E. If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:

1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.

2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law.

3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.

4. Order the defendant to perform community restitution.

F. If the court finds that the default is not wilful and that the defendant cannot pay despite sufficient good faith efforts to obtain the monies, the court may take any lawful action including:

1. Modify the manner in which the restitution, fine, surcharge, fee, assessment or incarceration costs are to be paid.

2. Enter any reasonable order that would assure compliance with the order to pay.

3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.

G. If a fine, a surcharge, a fee, an assessment, restitution or incarceration costs are imposed on an enterprise it is the duty of the person or persons authorized to make disbursement from the assets of the enterprise to pay them from those assets, and their failure to do so shall be held a contempt unless they make the showing required in subsection A or B of this section.

H. If a defendant is sentenced to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs, the clerk of the sentencing court, on request, shall make the defendant's payment history available to the prosecutor, victim, victim's attorney, probation department and court without cost.
A.R.S. § 13-3952 — Arizona Code / Title 13 / Chapter 38 / Article 11 / Section 3952
13-3952 Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes
Status: in_force

13-3952. Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes

When a regularly appointed court reporter appears and takes testimony at a preliminary hearing in a criminal proceeding, the reporter's compensation shall be fixed by the magistrate before whom the examination is had. Such compensation shall not exceed the amount of fifteen dollars per day for each preliminary hearing actually attended upon such examination, and two dollars fifty cents per page for transcribing his notes, to be allowed and paid as other county charges. The reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceedings held in the justice court when the state or an instrumentality thereof is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court.
A.R.S. § 13-1004 — Arizona Code / Title 13 / Chapter 10 / Section 1004
13-1004 Facilitation; classification
Status: in_force

13-1004. Facilitation; classification

A. A person commits facilitation if, acting with knowledge that another person is committing or intends to commit an offense, the person knowingly provides the other person with means or opportunity for the commission of the offense.

B. 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.

C. Facilitation is a:

1. Class 5 felony if the offense facilitated is a class 1 felony.

2. Class 6 felony if the offense facilitated is a class 2 or class 3 felony.

3. Class 1 misdemeanor if the offense facilitated is a class 4 or class 5 felony.

4. Class 3 misdemeanor if the offense facilitated is a class 6 felony or a misdemeanor.
A.R.S. § 13-3003 — Arizona Code / Title 13 / Chapter 30 / Section 3003
13-3003 Opening, reading or publishing sealed letter of another without authority; classification
Status: in_force

13-3003. Opening, reading or publishing sealed letter of another without authority; classification

A person who knowingly opens or reads or causes to be read a sealed letter not addressed to himself, without being authorized so to do either by the writer of such letter, or by the person to whom it is addressed, or a person who, without like authority, publishes the contents of such letter, knowing it to have been unlawfully opened, is guilty of a class 2 misdemeanor.
A.R.S. § 13-2314.03 — Arizona Code / Title 13 / Chapter 23 / Section 2314.03
13-2314.03 County anti-racketeering revolving fund; use of fund; reports
Status: in_force

13-2314.03. County anti-racketeering revolving fund; use of fund; reports

A. The board of supervisors of a county shall establish a county anti-racketeering revolving fund administered by the county attorney under the conditions and for the purposes provided by this section.

B. Any prosecution and investigation costs, including attorney fees, recovered for the county as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, whether by final judgment, settlement or otherwise, shall be deposited in the fund established by the board of supervisors.

C. Any monies received by any department or agency of this state or any political subdivision of this state from any department or agency of the United States or another state as a result of participation in any investigation or prosecution, whether by final judgment, settlement or otherwise, shall be deposited in the fund established pursuant to this section or in the fund established by section 13-2314.01.

D. Any monies obtained as a result of a forfeiture by the county attorney under this title or under federal law shall be deposited in the fund established pursuant to this section. Any monies or other property obtained as a result of a forfeiture by any political subdivision of this state or the federal government shall be deposited in the fund established pursuant to this section or in the fund established by section 13-2314.01. Monies deposited in the fund pursuant to this section or section 13-4315 shall accrue interest and shall be held for the benefit of the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution.

E. Except as provided in subsections G and H of this section, the monies and interest shall be distributed to the agency or agencies responsible for the seizure or forfeiture within thirty days of application. The agency or agencies applying for monies must submit an application in writing to the county attorney that includes a description of what the requested monies will be used for.  The county attorney shall deny an application that requests monies for a purpose that is not authorized by this section, section 13-4315 or federal law.  Except in an emergency, before the county attorney's office may use any monies from the fund, the county attorney shall submit an application that includes a description of what the requested monies will be used for to the board of supervisors.  The board of supervisors shall approve the county attorney's use of the monies if the purpose is authorized by this section, section 13-4315 or federal law. If an application is not submitted to the board of supervisors before the county attorney's office uses monies from the fund because of an emergency, the application must be submitted to the board of supervisors within a reasonable amount of time after the monies are used.  The board of supervisors, at its next meeting, shall review and ratify, if appropriate, the county attorney's use of the monies. The board of supervisors may retain outside counsel, if necessary, to approve, review or ratify the county attorney's use of the monies.

F. Monies in the fund may be used for the funding of gang prevention programs, substance abuse prevention programs, substance abuse education programs, programs that provide assistance to victims of a criminal offense that is listed in section 13-2301 and witness protection pursuant to section 11-536 or for any purpose permitted by federal law relating to the disposition of any property that is transferred to a law enforcement agency. Monies in the fund may be used for investigating and prosecuting any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or section 13-2312, including civil enforcement, and for the costs of the reports and application and expenditure reviews and approvals that are required by this section.

G. On or before February 21, May 21, August 21 and November 21 of each year, the county attorney shall file with the Arizona criminal justice commission a report for the previous calendar quarter.  The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsections J and K of this section.  The report shall not include any identifying information about specific investigations.  If the county attorney fails to file a report within sixty days after it is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the fund for the benefit of the county attorney until the report is filed.

H. On or before January 28, April 28, July 28 and October 28 of each year, each political subdivision of this state receiving monies pursuant to this section or section 13-2314.01 or 13-4315 or from any department or agency of the United States or another state as a result of participating in any investigation or prosecution shall file with the board of supervisors of the county in which the political subdivision is located, each city or town council in which the political subdivision is located and the county attorney of the county in which the political subdivision is located a report for the previous calendar quarter.  The report shall be in an electronic form that is prescribed by the Arizona criminal justice commission and approved by the director of the joint legislative budget committee. The report shall set forth the sources of all monies and all expenditures as required by subsection K of this section. The report shall not include any identifying information about specific investigations. If a political subdivision of this state fails to file a report within forty-five days after the report is due and there is no good cause as determined by the Arizona criminal justice commission, the county attorney shall make no expenditures from the fund for the benefit of the political subdivision until the report is filed. The county attorney shall be responsible for collecting all reports from political subdivisions within that county and transmitting the reports to the Arizona criminal justice commission at the time that the county report required pursuant to subsection G of this section is submitted.

I. On or before the last day of February, May, August and November of each year, the Arizona criminal justice commission shall compile all county attorney reports into a single comprehensive report for the previous calendar quarter and all political subdivision reports into a single comprehensive report for the previous calendar quarter and submit an electronic copy of each comprehensive report to the governor, the president of the senate, the speaker of the house of representatives, the director of the joint legislative budget committee and the secretary of state.

J. The report that is required by subsection G of this section must include all of the following information if monies were obtained as a result of a forfeiture:

1. The name of the law enforcement agency that seized the property.

2. The date of the seizure for forfeiture.

3. The type of property seized and a description of the property seized, including, if applicable, the make, the model and the serial number of the property.

4. The location of the original seizure by law enforcement.

5. The estimated value of the property seized for forfeiture, not excluding encumbrances.

6. The criminal statute that allowed the seizure for forfeiture.

7. The criminal statute charged in the criminal case that is related to the forfeiture case.

8. The court case number of the criminal case that is related to the forfeiture case.

9. The outcome of the criminal case that is related to the forfeiture case.

10. If the property was seized by a state agency and submitted for state forfeiture proceedings but was transferred to federal authorities for forfeiture proceedings, the reason for the federal transfer.

11. The forfeiture case number.

12. The method of forfeiture proceeding, including whether it was criminal or civil, and if civil, whether a claim was filed by an owner or interest holder.

13. The venue of the forfeiture action.

14. Whether a person or entity filed a claim or counterclaim or submitted a petition asserting an interest in the property as an owner, interest holder or injured person.

15. Whether the owner, interest holder or injured person was assisted by an attorney in the forfeiture case.

16. The date of the forfeiture decision.

17. Whether there was a forfeiture settlement agreement.

18. Whether the property was awarded or partially awarded to the owner, partial owner or injured person or if the property was forfeited to the state.

19. Whether the property was sold, destroyed or retained by law enforcement.

20. The earliest date that the property was disposed of or sent for disposition.

21. The net amount of monies and proceeds received from the forfeiture.

22. The estimated administrative and storage costs and any other costs, including any costs of litigation.

23. The amount of attorney fees, costs, expenses and damages awarded and to whom the fees, costs, expenses or damages were awarded.

K. The reports that are required by subsections G and H of this section must include the following information with regard to all expenditures made from the fund for:

1. Crime, gang and substance abuse prevention programs.

2. Any injured person as defined in section 13-4301.

3. Witness protection.

4. Investigation costs, including informant fees and buy money.

5. Regular-time salaries, overtime pay and employee benefits of prosecutors.

6. Regular-time salaries, overtime pay and employee benefits of sworn law enforcement agency personnel other than prosecutors.

7. Regular-time salaries, overtime pay and employee benefits of unsworn law enforcement agency personnel other than prosecutors.

8. Professional or outside services, including services related to auditing, outside attorney fees, court reporting, expert witnesses and other court costs.

9. Travel and meals.

10. Training.

11. Conferences.

12. Vehicles purchased or leased.

13. Vehicle maintenance.

14. Canines, firearms and related equipment, including tactical gear.

15. Other capital expenditures, including furniture, computers and office equipment.

16. External publications and communications.

17. Other operating expenses, including office supplies, postage and printing. Expenses listed under this paragraph must be separately categorized.

18. Any emergency use when monies were used from the fund before an application to use the monies was approved.
A.R.S. § 13-2101 — Arizona Code / Title 13 / Chapter 21 / Section 2101
13-2101 Definitions
Status: in_force

13-2101. Definitions

In this chapter, unless the context otherwise requires:

1. "Cancelled or revoked credit card" means a credit card that is no longer valid because permission to use it has been suspended, revoked or terminated by the issuer of the credit card by written notice sent by certified or registered mail addressed to the person to whom the credit card was issued at the person's last known address. Proof that the written notice has been deposited as certified or registered matter in the United States mail addressed to the person to whom the credit card was issued at the person's last known address gives rise to an inference that the written notice has been given to the cardholder.

2. "Cardholder" means any person who is either:

(a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.

(b) In possession of a credit card with the consent of the person to whom the credit card was issued.

3. "Credit card" means:

(a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full therefor at a future time, whether or not all or any part of the indebtedness that is represented by the promise to make deferred payment is secured or unsecured.

(b) A debit card, electronic benefit transfer card or other access instrument or device, other than a check that is signed by the holder or other authorized signatory on the deposit account, that draws funds from a deposit account in order to obtain money, goods, services or anything else of value.

(c) A stored value card, smart card or other instrument or device that enables a person to obtain goods, services or anything else of value through the use of value stored on the card, instrument or device.

(d) The number that is assigned to the card, instrument or device described in subdivision (a), (b) or (c) of this paragraph even if the physical card, instrument or device is not used or presented.

4. "Expired credit card" means a credit card that is no longer valid because the term shown on the credit card has elapsed.

5. "Incomplete credit card" means a credit card on which part of the matter, other than the signature of the cardholder, which an issuer requires to appear before it can be used by a cardholder, has not been stamped, embossed, imprinted or written.

6. "Issuer" means any business organization, state agency or financial institution, or its duly authorized agent, that issues a credit card.

7. "Merchant" means a person who is authorized under a written contract with a participating party to furnish money, goods, services or anything else of value on presentation of a credit card by a cardholder.

8. "Participating party" means a business organization or financial institution that is obligated or permitted by contract to acquire by electronic transmission or other means from a merchant a sales slip or sales draft or instrument for the payment of money evidencing a credit card transaction and from whom an issuer is obligated or permitted by contract to acquire by electronic transmission or other means such sales slip, sales draft or instrument for the payment of money evidencing a credit card transaction.

9. "Receives" or "receiving" means acquiring possession or control of a credit card or accepting a credit card as security for a loan.

10. "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a credit card onto the magnetic strip or stripe of a different credit card.

11. "Scanning device" means a scanner, reader or other electronic device that is used to access, read, scan, obtain, memorize, transmit or store, temporarily or permanently, information that is encoded on a magnetic strip or stripe of a credit card.
A.R.S. § 13-121 — Arizona Code / Title 13 / Chapter 1 / Section 121
13-121 Jurisdiction of the court in proceedings subsequent to trial and sentencing
Status: in_force

13-121. Jurisdiction of the court in proceedings subsequent to trial and sentencing

Whenever any further proceedings are instituted before the trial court subsequent to the original trial and sentencing, excepting motions for new trial made within one year after the rendition of the verdict or the finding of the court, the court in the same action shall have jurisdiction to hear such matter only after due proof has been made that notice of such proceeding has been given to the attorney general at least ten days prior to such hearing.
A.R.S. § 13-4417 — Arizona Code / Title 13 / Chapter 40 / Section 4417
13-4417 Request for notice; forms; notice system
Status: in_force

13-4417. Request for notice; forms; notice system

A. The victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice on a form that is provided by that agency or the investigating law enforcement agency. The form shall include a telephone number and address. If the victim fails to keep the victim's telephone number and address current, the victim's request for notice is withdrawn. At any time the victim may request notice of subsequent proceedings by filing on a request form provided by the agency the victim's current telephone number and address.

B. All notices provided to a victim pursuant to this chapter shall be on forms developed or reviewed by the attorney general.

C. The court and all agencies that are responsible for providing notice to the victim shall establish and maintain a system for the receipt of victim requests for notice.
A.R.S. § 13-603 — Arizona Code / Title 13 / Chapter 6 / Section 603
13-603 Authorized disposition of offenders
Status: in_force

13-603. Authorized disposition of offenders

A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter and chapters 7, 8 and 9 of this title unless otherwise provided by law.

B. If a person is convicted of an offense, the court, if authorized by chapter 9 of this title, may suspend the imposition or execution of sentence and grant such person a period of probation except as otherwise provided by law. The sentence is tentative to the extent that it may be altered or revoked in accordance with chapter 9 of this title, but for all other purposes it is a final judgment of conviction.

C. If a person is convicted of an offense, the court shall require the convicted person to make restitution to the person who is the victim of the crime or to the immediate family of the victim if the victim has died, in the full amount of the economic loss as determined by the court and in the manner as determined by the court or the court's designee pursuant to chapter 8 of this title.  Restitution ordered pursuant to this subsection shall be paid to the clerk of the court for disbursement to the victim and is a criminal penalty for the purposes of a federal bankruptcy involving the person convicted of an offense.

D. If the court imposes probation it may also impose a fine as authorized by chapter 8 of this title.

E. If a person is convicted of an offense and not granted a period of probation, or when probation is revoked, any of the following sentences may be imposed:

1. A term of imprisonment authorized by this chapter or chapter 7 of this title.

2. A fine authorized by chapter 8 of this title. The sentence is tentative to the extent it may be modified or revoked in accordance with chapter 8 of this title, but for all other purposes it is a final judgment of conviction. If the conviction is of a class 2, 3 or 4 felony, the sentence cannot consist solely of a fine.

3. Both imprisonment and a fine.

4. Intensive probation, subject to the provisions of chapter 9 of this title.

5. Intensive probation, subject to the provisions of chapter 9 of this title, and a fine.

6. A new term of probation or intensive probation.

7. If the conviction is for a misdemeanor, in addition to any sentence authorized by law, a term of:

(a) Community restitution pursuant to section 13-717, subsection A.

(b) Education or treatment pursuant to section 13-717, subsection B.

F. If an enterprise is convicted of any offense, a fine may be imposed as authorized by chapter 8 of this title.

G. If a person or an enterprise is convicted of any felony, the court, in addition to any other sentence authorized by law, may order the forfeiture, suspension or revocation of any charter, license, permit or prior approval granted to the person or enterprise by any department or agency of the state or of any political subdivision.

H. A court authorized to pass sentence on a person convicted of any offense defined within or without this title shall have a duty to determine and impose the punishment prescribed for such offense.

I. If a person is convicted of a felony offense and the court sentences the person to a term of imprisonment, the court at the time of sentencing shall impose on the convicted person a term of community supervision. The term of community supervision shall be served consecutively to the actual period of imprisonment if the person signs and agrees to abide by conditions of supervision established by the state department of corrections. Except pursuant to subsection J of this section, the term of community supervision imposed by the court shall be for a period equal to one day for every seven days of the sentence or sentences imposed.

J. In calculating the term of community supervision, all fractions shall be decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month.

K. Notwithstanding subsection I of this section, if the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation on the person's release from confinement. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed before July 21, 1997. If the court waives community supervision, the term of probation imposed shall be equal to or greater than the term of community supervision that would have been imposed. If the court does not waive community supervision, the person shall begin serving the term of probation after the person serves the term of community supervision. The state department of corrections shall provide reasonable notice to the probation department of the scheduled release of the inmate from confinement by the department.

L. If at the time of sentencing the court is of the opinion that a sentence that the law requires the court to impose is clearly excessive, the court may enter a special order allowing the person sentenced to petition the board of executive clemency for a commutation of sentence within ninety days after the person is committed to the custody of the state department of corrections. If the court enters a special order regarding commutation, the court shall set forth in writing its specific reasons for concluding that the sentence is clearly excessive. The court shall allow both the state and the victim to submit a written statement on the matter. The court's order, and reasons for its order, and the statements of the state and the victim shall be sent to the board of executive clemency.
A.R.S. § 13-3902 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3902
13-3902 Treatment of arrested person
Status: in_force

13-3902. Treatment of arrested person

No peace officer, or other official engaged in administering the criminal law, shall use oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.
A.R.S. § 13-4310 — Arizona Code / Title 13 / Chapter 39 / Section 4310
13-4310 Judicial forfeiture proceedings; damages
Status: in_force

13-4310. Judicial forfeiture proceedings; damages

A. A person who claims an interest in seized property shall file an answer to the complaint of forfeiture within thirty days after service of the forfeiture complaint. The answer must include facts to support the claimant's alleged interest in the property. The clerk of court may not charge a person who claims ownership or to be an interest holder a filing fee or any charge for filing the answer.

B. A defendant convicted in any criminal proceeding shall be precluded from subsequently denying the essential allegations of the criminal offense of which he was convicted in any proceeding pursuant to this chapter. For the purposes of this chapter, a conviction may result from a verdict or plea including a no contest plea.

C. In any judicial forfeiture hearing, determination or other proceeding pursuant to this chapter, the applicant, petitioner or claimant must establish by a preponderance of the evidence that he is an owner of or interest holder in the property seized for forfeiture before other evidence is taken. The burden of proving the standing of the claimant and the existence of the exemption is on the claimant or party raising the claim, and it is not necessary to negate the standing of any claimant or the existence of any exemption in any notice, application, complaint, information or indictment.

D. In hearings and determinations pursuant to this chapter the law of evidence relating to civil actions applies equally to all parties, including the state, an applicant, a petitioner, a claimant and a defendant, on all issues required to be established by a preponderance of the evidence or clear and convincing evidence.

E. The court shall enter a judgment of forfeiture and the seized property shall be forfeited to the state if the state proves by clear and convincing evidence that:

1. The property is subject to forfeiture.

2. The criminal prosecution related to the seized property resulted in a conviction or the court waived the requirement for a conviction pursuant to section 13-4304.

3. There is no innocent owner or third-party interest holder to whom the property should be delivered.

4. The value of the property to be forfeited does not unreasonably exceed:

(a) The pecuniary gain derived or sought to be derived by the crime.

(b) The pecuniary loss caused or sought to be caused by the crime.

(c) The value of the convicted owner's interest in the property.

F. A person is not jointly and severally liable for orders for forfeiture of another person's property. If ownership of property is unclear, a court may order each person to forfeit the person's property on a pro rata basis or by another means that the court deems equitable.

G. All property, including all interests in such property, declared forfeited under this title vests in this state on the commission of the act or omission giving rise to forfeiture under this title together with the proceeds of the property after such time. Any property or proceeds subsequently transferred to any person are subject to forfeiture and thereafter shall be ordered forfeited if the state proves by clear and convincing evidence that the transferee:

1. Had actual knowledge that the property was subject to forfeiture.

2. Was not a bona fide purchaser for value not knowingly taking part in an illegal transaction.

H. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:

1. Payment of reasonable expenses incurred in connection with the sale.

2. Satisfaction of exempt interests in the order of their priority.

3. Preservation of the balance, if any, in the actual or constructive custody of the court in an interest bearing account, subject to further proceedings under this chapter.

I. If the property is disposed of pursuant to subsection H of this section, a successful claimant may apply to the court for actual monetary damages suffered, if any, as a result of the disposal of the property, but the state, a political subdivision of the state, or an officer, employee or agent of any of them shall not be liable under this chapter for incidental or consequential damages or for damages either:

1. That could have been avoided if the claimant had made full and immediate disclosure to the attorney for the state of facts or evidence known or available to the claimant.

2. In excess of the fair market value of the property seized for forfeiture at the time of its seizure plus interest from the time of its seizure for forfeiture.

J. No person claiming to be an owner of or interest holder in property seized for forfeiture under this chapter may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this chapter.

K. An injured person may submit a request for compensation from forfeited property to the court at any time before the earlier of the entry of a final judgment or an application for an order of the forfeiture of the property, or if a hearing pursuant to subsections M, N and O of this section is held, not less than thirty days before the hearing.  The request shall be signed by the requestor under penalty of perjury and shall set forth all of the following:

1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the requestor.

2. The address at which the requestor will accept future mailings from the court or parties to the action.

3. The property subject to forfeiture from which the requestor seeks compensation.

4. The nature of the economic loss sustained by the requestor.

5. All facts supporting each such assertion.

6. Any additional facts supporting the request.

7. The amount of economic loss that the requestor seeks compensation for.

L. If a proper request for compensation from forfeited property is timely filed, the court shall hold a hearing to establish whether there is a factual basis for the request. The requestor has the burden of establishing by a preponderance of evidence that the requestor is an injured person who sustained economic loss.

M. The hearing on the claim, to the extent practicable and consistent with the interest of justice, shall be held sixty days after all parties have complied with the disclosure required by rule 26.1, Arizona rules of civil procedure. The court may consolidate the hearing on the claim with a hearing on any other claim concerning the same property.

N. At the hearing, the claimant may testify, present evidence and witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.  The state may present evidence and witnesses and cross-examine witnesses who appear at the hearing.

O. At the hearing, the state has the burden of establishing by clear and convincing evidence that the property is subject to forfeiture under section 13-4304. Any claimant who has previously established by a preponderance of the evidence that the claimant is an owner of or interest holder in the property has the burden of establishing by a preponderance of the evidence that the claimant's interest in the property is exempt from forfeiture under section 13-4304.

P. After a hearing:

1. The court shall order an interest in property returned or conveyed to a claimant, if any, who has established by a preponderance of the evidence that the claimant is an owner of or interest holder in the property if either of the following applies:

(a) The state has failed to establish by clear and convincing evidence that the interest is subject to forfeiture under section 13-4304.

(b) The claimant has established by a preponderance of the evidence that the interest is exempt from forfeiture under section 13-4304.

2. The court shall order all other property, including all interests in the property, forfeited to this state and proceed pursuant to sections 13-4314 and 13-4315.

3. If the court finds that a requestor is an injured person the court shall determine the amount of the injured person's economic loss caused by the conduct giving rise to the forfeiture of the designated property and shall require the following:

(a) If the designated property is not contraband and is not altered or designed for use in conduct giving rise to forfeiture, the attorney for the state shall sell the property as provided in section 13-4315, subsection A, paragraph 2 and shall apply the resulting balance to compensate the injured person's economic loss in the amount found by the court.

(b) If the balance is insufficient to compensate the economic loss of all injured persons the attorney for the state shall distribute the balance among the injured persons according to a method determined by the court.

(c) After compensating all injured persons, the attorney for the state shall transmit ten percent of the remaining balance, if any, to the state treasurer for deposit in the victim compensation and assistance fund established by section 41-2407.

(d) The attorney for the state shall deposit the remainder of the balance, if any, in an appropriate anti-racketeering revolving fund established by section 13-2314.01 or 13-2314.03.
A.R.S. § 13-2208 — Arizona Code / Title 13 / Chapter 22 / Section 2208
13-2208 Usury; classification
Status: in_force

13-2208. Usury; classification

A. A person commits usury by knowingly engaging in or directly or indirectly providing financing for the business of making loans at a higher rate of interest or consideration than authorized by law.

B. Usury is a class 1 misdemeanor.
A.R.S. § 13-1820 — Arizona Code / Title 13 / Chapter 18 / Section 1820
13-1820 Theft of trade secrets; classification; definition
Status: in_force

13-1820. Theft of trade secrets; classification; definition

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

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

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

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

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

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

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

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

2. Is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
A.R.S. § 13-203 — Arizona Code / Title 13 / Chapter 2 / Section 203
13-203 Causal relationship between conduct and result; relationship to mental culpability
Status: in_force

13-203. Causal relationship between conduct and result; relationship to mental culpability

A. Conduct is the cause of a result when both of the following exist:

1. But for the conduct the result in question would not have occurred.

2. The relationship between the conduct and result satisfies any additional causal requirements imposed by the statute defining the offense.

B. If intentionally causing a particular result is an element of an offense, and the actual result is not within the intention or contemplation of the person, that element is established if:

1. The actual result differs from that intended or contemplated only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or extensive than that caused; or

2. The actual result involves similar injury or harm as that intended or contemplated and occurs in a manner which the person knows or should know is rendered substantially more probable by such person's conduct.

C. If recklessly or negligently causing a particular result is an element of an offense, and the actual result is not within the risk of which the person is aware or in the case of criminal negligence, of which the person should be aware, that element is established if:

1. The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or extensive than that caused; or

2. The actual result involves similar injury or harm as the probable result and occurs in a manner which the person knows or should know is rendered substantially more probable by such person's conduct.
A.R.S. § 13-4239 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4239
13-4239 Review
Status: in_force

13-4239. Review

A. Any party aggrieved by a final decision of the trial court in these proceedings may, within fifteen days after the ruling of the court, move the court for a rehearing setting forth in detail the grounds for believing that the court erred. A response shall be filed within fifteen days after service of the motion on the adverse party. A reply, if any, shall be filed within ten days after service of the response. The filing of a motion for rehearing in the trial court is not a prerequisite to the filing of a petition for review pursuant to subsection C.

B. If the motion for rehearing is granted, the court may either amend its previous ruling without a hearing or grant a new hearing and then either amend or reaffirm its previous ruling. If the court amends its previous ruling, the court shall set forth its reasons for amending the previous ruling. The state shall notify the victim on request of any action that is taken by the court.

C. Within thirty days after the final decision of the trial court on the petition for post-conviction relief or motion for rehearing, an aggrieved party may petition the appellate court for review of the trial court's actions. A cross-petition for review may be filed with the clerk of the trial court within fifteen days after service of a petition for review. The petition or cross-petition shall be filed with the clerk of the trial court and shall set forth in detail the grounds for believing that the court erred. The filing of a motion for rehearing pursuant to subsection A does not limit the issues that may be raised in the petition or cross-petition for review. The failure to raise an issue that could be raised in the petition or cross-petition for review constitutes a waiver of appellate review of that issue. A response shall be filed within fifteen days and a reply shall be filed within ten days.

D. The form, contents and service for a post-conviction relief petition and cross-petition shall be as prescribed by rule 32.9 of the rules of criminal procedure.

E. A motion for rehearing or a petition for review that is filed pursuant to this section shall stay an order of the trial court issued in the post-conviction relief proceedings until final review is completed unless the trial court specifically orders otherwise. The state shall notify the victim on request of any action taken.

F. Within thirty days after the expiration of the time for filing the last reply, the record, including the trial court file, the reporter's transcript, the original and all copies of the petition and cross-petition for review, responses and replies shall be transmitted to the appellate court.

G. The appellate court may grant review and may order oral argument on the petition if deemed necessary and may issue such orders and grant such relief as it deems necessary and proper. The state shall notify the victim on request of any action taken by the appellate court.

H. The provisions that govern the filing of motions for reconsideration and petitions for review in criminal appeals that are set forth in rules 31.18 and 31.19, Arizona rules of criminal procedure, apply to and govern motions for reconsideration and petitions for review pursuant to rule 32, Arizona rules of criminal procedure.

I. When the matter is determined the clerk of the appellate court shall return the record to the appropriate clerk of the court for retention according to law.
A.R.S. § 13-2306 — Arizona Code / Title 13 / Chapter 23 / Section 2306
13-2306 Possession of altered property; classification
Status: in_force

13-2306. Possession of altered property; classification

A. A person who is a dealer in property and recklessly possesses property the permanent identifying features of which, including serial numbers or labels, have been removed or in any fashion altered is guilty of a class 6 felony.

B. It is a defense to a prosecution under this section that a person has lawfully obtained a special serial number pursuant to section 28-2165 or lawfully possesses the usual indicia of ownership in addition to mere possession or has obtained the consent of the manufacturer of the property.
A.R.S. § 13-3942 — Arizona Code / Title 13 / Chapter 38 / Article 10 / Section 3942
13-3942 Delivery of unclaimed stolen or embezzled property to county sheriff
Status: in_force

13-3942. Delivery of unclaimed stolen or embezzled property to county sheriff

If property stolen or embezzled is not claimed by the owner within six months after the conviction of the person for such theft or embezzlement, the magistrate or other officer having it in custody, on payment of the necessary expenses incurred in its preservation, shall deliver it to the county sheriff, who shall sell such property in the same manner as personal property is sold under execution in a civil action pursuant to chapter 39 of this title, and the proceeds shall be paid into the county treasury.
A.R.S. § 13-102 — Arizona Code / Title 13 / Chapter 1 / Section 102
13-102 Applicability of title
Status: in_force

13-102. Applicability of title

A. Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure.

B. This title does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws, nor any power conferred by law to impose or inflict punishment for contempt.

C. This title does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.

D. Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.
A.R.S. § 13-905 — Arizona Code / Title 13 / Chapter 9 / Section 905
13-905 Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance; firearm possession; exceptions
Status: in_force

13-905. Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance; firearm possession; exceptions

A. Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing.  The court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside pursuant to subsection K or N of this section.

B. The person or the person's attorney or probation officer may apply to set aside the judgment.  The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.

C. The court shall consider the following factors when determining whether to set aside the conviction:

1. The nature and circumstances of the offense that the conviction is based on.

2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.

3. Any prior or subsequent convictions.

4. The victim's input and the status of victim restitution, if any.

5. The length of time that has elapsed since the completion of the applicant's sentence.

6. The applicant's age at the time of the conviction.

7. Any other factor that is relevant to the application.

D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319.

2. The game and fish commission pursuant to section 17-314 or 17-340.

3. A lifetime injunction that is issued pursuant to section 13-719.

E. A conviction that is set aside may be:

1. Used as a conviction if the conviction would be admissible had it not been set aside.

2. Alleged as an element of an offense.

3. Used as a prior conviction.

4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense.

5. Used by the department of transportation in enforcing section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319 as if the judgment of guilt had not been set aside.

6. Used as the basis to issue a lifetime injunction pursuant to section 13-719.

F. The clerk of the court must notify the department of public safety if a conviction is set aside.  The department of public safety must update the person's criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued but may not redact or remove any part of the person's record.

G. This section does not:

1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.

2. Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.

H. If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court.  If an objection is filed, the court may set a hearing.

I. If the court denies an application to have a judgment of guilt set aside, the court shall state its reasons for the denial in writing and on the record.

J. A victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of guilt set aside pursuant to this section.  If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application, of whether the person is eligible for a certificate of second chance and of the rights provided to the victim in this section.

K. If the court grants the application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the person was convicted of any of the following:

1. A misdemeanor.

2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence.

3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.

L. Notwithstanding subsection K of this section, a person is not eligible for a certificate of second chance if the person has previously received a certificate of second chance on the set aside of a felony conviction. For the purposes of this subsection, "felony conviction" includes multiple felony convictions resulting from the same act or course of conduct.

M. The certificate of second chance:

1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.

2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03.

3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B.

4. Is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.

N. If the court does not issue an order that includes a certificate of second chance when the person's conviction is set aside, the person, unless otherwise precluded by this section, may apply to the court for a certificate of second chance after meeting the requirements prescribed in subsection K of this section. If a victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the person's application for a certificate of second chance and the victim's rights under this section.

O. Notwithstanding section 13-910, if a conviction is set aside, the person's right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.

P. This section does not apply to a person who was convicted of any of the following:

1. A dangerous offense.

2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.

3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.

4. A felony offense in which the victim is a minor under fifteen years of age.
A.R.S. § 13-4802 — Arizona Code / Title 13 / Chapter 44 / Section 4802
13-4802 Possession or sale of cloned cellular or wireless telephones; exception; violation; classification
Status: in_force

13-4802. Possession or sale of cloned cellular or wireless telephones; exception; violation; classification

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

1. Possess a cloned cellular or wireless telephone.

2. Possess an instrument that is capable of acquiring electronic serial number and mobile identification number combinations with the intent to clone a cellular or wireless telephone.

3. Sell a cloned cellular or wireless telephone.

B. This section does not prohibit the possession, sale or use of cloning paraphernalia or cloned cellular or wireless telephones or the acquisition of electronic serial numbers or mobile identification numbers by either of the following:

1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.

2. Employees or agents of communication service providers who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.

C. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 13-414 — Arizona Code / Title 13 / Chapter 4 / Section 414
13-414 Justification; use of reasonable and necessary means
Status: in_force

13-414. Justification; use of reasonable and necessary means

A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a prisoner sentenced to the custody of the state department of corrections to:

1. Escape from custody or from a correctional facility.

2. Take another person as a hostage.

3. Cause serious bodily harm to another person.
A.R.S. § 13-4221 — Arizona Code / Title 13 / Chapter 38 / Article 28 / Section 4221
13-4221 Preservation of biological evidence; retention period; definitions
Status: in_force

13-4221. Preservation of biological evidence; retention period; definitions

A. Notwithstanding any other law, the appropriate governmental entity shall retain all identified biological evidence that is secured in connection with a felony sexual offense or homicide for:

1. The period of time that a person who was convicted of a felony sexual offense or homicide remains incarcerated for that offense or until the completion of the person's supervised release.

2. A cold case, fifty-five years or until a person is convicted of the crime and remains incarcerated or under supervised release for that offense.

B. The governmental entity shall preserve the evidence for the period of time prescribed in subsection A of this section in a condition that is suitable for deoxyribonucleic acid testing.

C. Evidence retained pursuant to this section shall be made available for deoxyribonucleic acid testing pursuant to section 13-4240.

D. The government entity that investigates the crime may establish procedures for retaining probative samples of the biological evidence and disposing of bulk evidence that do not affect the suitability of the probative sample for deoxyribonucleic acid testing.  The government entity responsible for retaining the samples shall obtain approval from the county attorney or attorney general before disposal of any bulk evidence.  Before the disposal of any bulk evidence, reasonable efforts shall be made to provide written notice to the victim.

E. This section does not preclude a governmental entity from disposing of evidence in a case in which a conviction has been obtained after the expiration of the defendant's sentence.  Under any other circumstance, the governmental entity may dispose of physical evidence after the conclusion of the convicted defendant's direct appeal and first postconviction relief proceeding or after the time for initiating the direct appeal and first postconviction relief proceeding has expired, with the agreement of the county attorney or the attorney general and then, upon written notice to the defendant, any counsel of record and the victim if no other law requires that biological evidence be preserved or retained.

F. This section does not limit a governmental entity's discretion concerning the conditions under which biological evidence is retained, preserved or transferred among different entities if the evidence is retained in a condition that is suitable for deoxyribonucleic acid testing.

G. For the purposes of this section:

1. "Biological evidence" includes a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue or other identified biological material.

2. "Cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.
A.R.S. § 13-1504 — Arizona Code / Title 13 / Chapter 15 / Section 1504
13-1504 Criminal trespass in the first degree; classification
Status: in_force

13-1504. Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

B. Criminal trespass in the first degree under subsection A, paragraph 6 of this section is a class 5 felony.  Criminal trespass in the first degree under subsection A, paragraph 1 or 5 of this section is a class 6 felony.  Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.
A.R.S. § 13-2702 — Arizona Code / Title 13 / Chapter 27 / Section 2702
13-2702 Perjury; classification
Status: in_force

13-2702. Perjury; classification

A. A person commits perjury by making either:

1. A false sworn statement in regard to a material issue, believing it to be false.

2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false.

B. Perjury is a class 4 felony.
A.R.S. § 13-3413 — Arizona Code / Title 13 / Chapter 34 / Section 3413
13-3413 Forfeiture and disposition of drugs and evidence
Status: in_force

13-3413. Forfeiture and disposition of drugs and evidence

A. The following items used or intended for use in violation of this chapter are subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. Property, equipment, containers, chemicals, materials, money, books, records, research products, formulas, microfilm, tapes and data.

2. Vapor-releasing substances containing a toxic substance.

3. Vehicles to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug, except as provided in chapter 39 of this title.

B. The following property is subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. All proceeds traceable to an offense that is included in this chapter, that is committed for financial gain and that resulted in a criminal conviction.

2. All proceeds seized in this state and traceable to an offense that:

(a) Resulted in a criminal conviction under the laws of the state in which the offense occurred and, if the offense occurred in a state other than this state, would be chargeable or indictable under this chapter if the offense occurred in this state.

(b) Is punishable by imprisonment for more than one year.

(c) Involves prohibited drugs, marijuana or other prohibited chemicals or substances.

(d) Is committed for financial gain.

C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs and plants from which such drugs may be derived that are seized in connection with any violation of this chapter or that come into the possession of a law enforcement agency are summarily forfeited.

D. When seizures of marijuana are made in excess of ten pounds or seizures of any other substance specified in subsection C of this section are made in excess of one pound in connection with any violation of this chapter the responsible law enforcement agency may retain ten pounds of the marijuana or one pound of the other substance randomly selected from the seized quantity for representation purposes as evidence. The agency may destroy the remainder of the seized marijuana or substance. Before any destruction is carried out, the responsible law enforcement agency shall photograph the material seized with identifying case numbers or other means of identification and prepare a report, identifying the seized material. The responsible law enforcement agency shall notify in writing any person arrested for a violation of this chapter or the attorney for the person at least twenty-four hours in advance that the photography will take place and that the person or the person's attorney may be present at such photographing of the seized material. In addition to the amount of marijuana or other substance retained for representation purposes as evidence, all photographs and records made under this section and properly identified are admissible in any court proceeding for any purpose for which the seized marijuana or substance itself would be admissible. Evidence retained after trial shall be disposed of pursuant to rule 28, Arizona rules of criminal procedure.

E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or dangerous drug as defined in section 13-3401 in connection with a violation of this title, the seizing agency may apply to a magistrate or superior court judge in the application for the search warrant or as soon as reasonable after the seizure for an order allowing the proper disposal or destruction of the substances, on a showing to the magistrate or superior court judge by affidavit of both of the following:

1. The substances pose a significant safety hazard to life or property because of their explosive, flammable, poisonous or otherwise toxic nature.

2. No adequate and safe storage facility is reasonably available to the seizing agency.

F. On a proper showing pursuant to subsection E of this section, the magistrate or superior court judge shall order the substances to be properly destroyed if the containers are first photographed. In addition the magistrate or superior court judge may order that the chemicals be sampled and the samples preserved, unless the court finds either:

1. Sampling would be unnecessary or unsafe.

2. The chemicals are in labeled or factory sealed containers.
A.R.S. § 13-3828 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3828
13-3828 Sex offender management board; duties; report
Status: in_force

13-3828. Sex offender management board; duties; report

A. The sex offender management board is established within the department of public safety and consists of members who represent urban and rural areas of this state, who have expertise in adult and juvenile issues that relate to sex offenders and who are appointed as follows:

1. The chief justice of the supreme court shall appoint the following members, who may be active or retired and who have sufficient experience in the field:

(a) One member who represents the judicial department.

(b) One member who is a superior court judge.

(c) One member who is either a juvenile court judge or a juvenile hearing officer.

2. The director of the state department of corrections shall appoint one member who represents the state department of corrections.

3. The director of the department of economic security shall appoint one member who represents the department of economic security and who has recognizable expertise in intellectual and developmental disabilities.

4. The director of the department of child safety shall appoint the following members:

(a) One member who is a provider of out-of-home placement services and who has recognizable expertise in providing services to juveniles who have committed sexual offenses.

(b) One member who represents the department of child safety.

5. The director of the department of public safety shall appoint the following members:

(a) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of adult sex offenders.

(b) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of juveniles who have committed sexual offenses.

(c) One member who is a public defender and who has recognizable expertise related to sexual offenses.

(d) One member who represents law enforcement and who has recognizable expertise in addressing sexual offenses and victimization.

(e) Three members who are recognized experts in the field of sexual abuse and who represent sexual abuse victims and victims' rights organizations.

(f) One public member who has expertise related to the evaluation, treatment or supervision of sex offenders.

(g) One member who is a clinical polygraph examiner and who is trained in postconviction sex offender testing.

(h) One member who is a current or former probation representative and who has recognizable expertise related to sexual offenses.

(i) One member who is a county director of human or social services and who is appointed after consultation with a statewide group representing counties.

(j) Two members who are members of a county board of supervisors or who are members of the governing council for a jurisdiction that is a contiguous city and county, one of whom represents an urban or suburban county and one of whom represents a rural county, and who are appointed after consultation with a statewide group representing counties.

(k) One member who represents the highway patrol division in the department of public safety.

6. The director of the Arizona prosecuting attorneys' advisory council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses.

7. The superintendent of public instruction shall appoint one member who has experience with juveniles who have committed sexual offenses and who is in the public school system.

8. The speaker of the house of representatives shall appoint two public members who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders.

9. The president of the senate shall appoint two public members who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders.

10. The governor may appoint up to two additional members who are from different political parties.

11. The director of the department of health services shall appoint one member who represents the Arizona community protection and treatment center.

B. The board shall elect a chairperson from among its membership to serve a two-year term as chairperson.

C. Members who are appointed pursuant to subsection A of this section serve at the pleasure of the appointing authority. The initial members shall assign themselves by lot to terms of two, three and four years.  All subsequent members serve four-year terms of office.  The chairperson shall notify the governor's office of these terms. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

D. The board shall do all of the following and shall present its recommendations, as applicable, to the legislature:

1. Develop, prescribe and revise, as appropriate, standard procedures to evaluate adult sex offenders, including adult sex offenders with developmental disabilities and serious mental illness. The recommended procedures shall:

(a) Provide for evaluating adult sex offenders.

(b) Recommend management, monitoring and treatment based on existing research.

(c) Incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model.

2. Develop a procedure for evaluating, on a case-by-case basis, reliably lower-risk sex offenders whose risk to sexually reoffend may not be further reduced by participation in a treatment program that is implemented pursuant to paragraph 4 of this subsection.

3. Develop and recommend methods of intervention for adult sex offenders. The methods must prioritize the physical and psychological safety of victims and potential victims. The methods must also be appropriate to the assessed needs of the particular adult sex offender.

4. Develop, implement and revise, as appropriate, guidelines and standards to treat adult sex offenders, including adult sex offenders with intellectual and developmental disabilities and serious mental illness.  The recommended guidelines and standards must incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. The guidelines and standards may be used in the treatment of adult sex offenders who are placed on probation, imprisoned in the state department of corrections or placed on community supervision. Programs recommended to be implemented pursuant to the guidelines and standards must:

(a) Be as flexible as possible so that the programs may be accessed by each adult sex offender to prevent the adult sex offender from harming victims and potential victims.

(b) Include a continuing monitoring process and a continuum of treatment options that are available to an adult sex offender as the adult sex offender proceeds through the criminal justice system. Treatment options must be determined by a current risk assessment and evaluation and may include group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements or treatment in a therapeutic community.

(c) To the extent possible, be accessible to all adult sex offenders in the criminal justice system, including those adult sex offenders with behavioral, mental health and co-occurring disorders.

5. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 4 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner.

6. Develop annual recommendations to allocate monies deposited in the state general fund pursuant to section 13-3821, subsection Q and section 13-3824, subsection B. These recommendations shall include recommendations regarding the coordination of spending monies from the state general fund with any monies spent by the state department of corrections, the department of public safety or the judicial department to evaluate and treat adult sex offenders and juveniles who have committed sexual offenses. These recommendations shall be presented to the legislature before the start of each legislative session.

7. Consult on and propose revisions to the legislature, as necessary, to the sex offender community notification risk assessment prescribed in section 13-3825. The board shall consider research on adult sex offender risk assessment and shall consider as one element the risk posed by an adult sex offender who suffers from a paraphilic disorder, psychopathy or a personality disorder that makes the person more likely to engage in sexually violent predatory offenses.

8. Research, either through direct evaluation or through a review of relevant research articles and sex offender treatment empirical data, and analyze, through a comprehensive review of evidence-based practices, the effectiveness of the evaluation and treatment policies and procedures for adult sex offenders that are developed pursuant to paragraph 4 of this subsection. This research shall specifically include reviewing and researching recidivism and factors that contribute to recidivism for adult sex offenders, the effective use of cognitive behavioral therapy to prevent recidivism, the use of polygraphs in treatment and the containment model for adult sex offender management and treatment and its effective application. The board shall advise the legislature regarding revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board shall also develop and recommend a system to implement the guidelines and standards that are developed pursuant to paragraph 4 of this subsection.

9. In collaboration with the state department of corrections, the judicial department and the board of executive clemency, develop proposed criteria and make recommendations, as appropriate, for measuring an adult sex offender's progress in treatment. The recommended criteria shall assist the court and the board of executive clemency in determining whether an adult sex offender may appropriately be released from incarceration, whether the adult sex offender's level of supervision may be reduced or whether the adult sex offender may appropriately be discharged from probation or parole. At a minimum, the recommended criteria must be designed to assist the court and the board of executive clemency in determining whether the adult sex offender could be appropriately supervised in the community if the offender were released from incarceration, released to a reduced level of supervision or discharged from probation or parole.

10. In collaboration with the state department of corrections, the judicial department, the Arizona community protection and treatment center and the board of executive clemency, make recommendations for the establishment of standards for community entities that provide supervision and treatment specifically designed for adult sex offenders who have developmental disabilities or who are deemed sexually violent persons. At a minimum, the recommended standards must determine whether an entity would provide adequate support and supervision to minimize any threat that the adult sex offender may pose to the community.

11. Review the current delivery of services and the establishment of release conditions at the Arizona community protection and treatment center. The Arizona community protection and treatment center shall implement any guidelines and standards for sex offender treatment and supervision that are established by the board.

12. Research, analyze and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community, including shared living arrangements.  At a minimum, the board shall consider the safety issues raised by the location of adult sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of adult sex offender residences. The board shall make recommendations for the adoption and revision, as appropriate, of the guidelines as it deems appropriate regarding the living arrangements for and location of adult sex offenders and adult sex offender housing.

13. Develop and make recommendations for revision, as appropriate, of recommended standard procedures to evaluate juveniles who have committed sexual offenses, including juveniles with developmental disabilities.  The recommended procedures shall:

(a) Provide for evaluating juvenile offenders.

(b) Recommend behavior management, monitoring, treatment and compliance.

(c) Incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model based on the knowledge that all unlawful sexual behavior poses a risk to the community and that certain juveniles may have the capacity to change their behavior with appropriate intervention and treatment. The board shall develop and make recommendations for the implementation of methods of intervention for juveniles who have committed sexual offenses. The methods must have as a priority the physical and psychological safety of victims and potential victims and, if the methods do not reduce the safety of victims and potential victims, the methods must also be appropriate to the needs of the particular juvenile offender.

14. Develop, implement and revise, as appropriate, guidelines and standards to treat juveniles who have committed sexual offenses, including juveniles with intellectual and developmental disabilities. The guidelines and standards must incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model.  The guidelines and standards may be used for juvenile offenders who are placed on probation or placed under the jurisdiction of the department of juvenile corrections or the state department of corrections. Programs recommended to be implemented pursuant to the guidelines and standards must:

(a) Be as flexible as possible so that the programs may be accessed by each juvenile offender to prevent the juvenile from harming victims and potential victims.

(b) Include a continuing monitoring process and a continuum of treatment options that are available to a juvenile offender as the juvenile proceeds through the justice system. Treatment options may include group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements and treatment in a therapeutic community.

(c) To the extent possible, be accessible to all juveniles who have committed sexual offenses and who are in the justice system, including juveniles with behavioral, mental health or co-occurring disorders.

15. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 13 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner.

16. Research and analyze the effectiveness of the evaluation, identification and treatment procedures developed pursuant to paragraph 13 of this subsection for juveniles who have committed sexual offenses. The board shall make recommendations for the revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis.  The board shall also develop and prescribe a system to implement the guidelines and standards that are developed pursuant to paragraph 13 of this subsection.

17. In collaboration with law enforcement agencies in this state, victim advocacy organizations, the department of education and the department of public safety, develop and revise, as appropriate, for use by schools educational materials regarding general information about adult sex offenders and juveniles who have committed sexual offenses, safety concerns related to the offenders and other relevant materials. The board shall provide the materials to the department of education, and the department of education shall make the materials available to schools in this state.

E. If sufficient monies are appropriated to the department of public safety, the board may request that individuals or entities that provide evaluation, treatment or polygraph services specifically to sex offenders that conform with the standards developed by the board pursuant to subsection D, paragraph 4 of this section submit to the board data and information as determined by the board.  The board may use this data and information to evaluate the effectiveness of the guidelines and standards developed pursuant to this section for all of the following:

1. To evaluate the effectiveness of individuals or entities that provide evaluation, treatment or polygraph services specifically to sex offenders.

2. For any other purpose consistent with this section.

F. This section does not grant the board any rulemaking or spending authority.

G. The attorney general, each county attorney and every agency and political subdivision of this state shall supply the chairperson of the board, on request, with such assistance and information as is reasonably necessary to effectuate the purposes of this section.

H. The board shall adopt recommendations by majority vote, but the recommendations to be voted on are subject to the discretion of the chairperson, who must approve a recommendation that is to be voted on.
A.R.S. § 13-813 — Arizona Code / Title 13 / Chapter 8 / Section 813
13-813 Issuance of writ of garnishment; service and return of writ
Status: in_force

13-813. Issuance of writ of garnishment; service and return of writ

A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law to serve process in the county in which the garnishee is alleged to be. The writ shall summon the garnishee to immediately appear to answer the writ before the court issuing the writ. The garnishee shall appear within the time specified in the writ. The writ shall state all of the following:

1. The amount due to the victim or court, clerk of the court or prosecuting attorney as of the date on which the writ is issued.

2. The name and address of the garnishee or the garnishee's authorized agent.

3. The name and address of the victim or the court, clerk of the court or prosecuting attorney presenting the writ.

4. The last known mailing address of the defendant.

B. The victim or the court, the clerk of the court or the prosecuting attorney shall serve the following on the garnishee:

1. Two copies of the writ of garnishment and summons.

2. A copy of the criminal restitution order.

3. Four copies of the answer form.

4. Two copies of the notice to the defendant.

5. Two copies of the instructions to the garnishee.

C. The victim or the court, the clerk of the court or the prosecuting attorney shall serve on the defendant a copy of the writ of garnishment.

D. The victim or the court, the clerk of the court or the prosecuting attorney may serve a copy of the writ of garnishment on the manager or other officer of a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company to levy monies that are owed pursuant to a writ of criminal garnishment by one of these organizations or to levy credits or other effects that belong to a defendant and that are in the possession of or under the control of one of these organizations. The copy of the writ shall be served at any office or branch that is located in the county in which the service is made. A garnishment is not effective as to any debt owed by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or, as to credits or other effects in its possession or under its control, at any other office or branch unless the service of the writ is accompanied by twenty-five dollars to be paid to the garnishee for the costs of the search. The writ is effective on the payment of the search fee as to any debt owing by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company if the account evidencing the indebtedness is carried at any office or branch located in this state, or as to any credits, property or other effects in its possession or under its control, at any office or branch located in this state.
A.R.S. § 13-808 — Arizona Code / Title 13 / Chapter 8 / Section 808
13-808 Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments
Status: in_force

13-808. Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments

A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.

B. If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.

C. The amount of restitution, assessments, incarceration costs and surcharges is not limited by the maximum fine that may be imposed under section 13-801 or 13-802.
A.R.S. § 13-3846 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3846
13-3846 Extradition of persons not present in demanding state at time of commission of crime
Status: in_force

13-3846. Extradition of persons not present in demanding state at time of commission of crime

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 13-3845 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this article not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
A.R.S. § 13-4202 — Arizona Code / Title 13 / Chapter 38 / Article 27 / Section 4202
13-4202 Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition
Status: in_force

13-4202. Void contracts; crime victim accounts; establishment; notice to victims; exceptions; civil liability; definition

A. Every contract, whether written or oral, express or implied, with an accused with respect to the reenactment, description or depiction of a crime by movie, book, article, radio or television presentation, internet or on-line presentation or depiction, live entertainment or expression of thoughts, feelings, opinions or emotions is contrary to public policy and void unless the contract provides for payment to the commission of any monies that would be paid to the accused for such information or rights.

B. The commission shall deposit the monies received pursuant to subsection A from the contracts or agreements of each accused, for each crime committed by the accused, in a separate account designated as a crime victim account. The money shall be distributed as determined by the commission to any victim of the crime committed by the accused if both of the following apply:

1. The accused is convicted of or adjudicated delinquent for the crime.

2. The victim, within five years after the date of establishment of the account, applies to the commission for compensation and demonstrates by sufficient reliable evidence, as determined by the commission, that the victim has suffered a loss resulting from such crime and the amount of such loss.

C. The commission, at least once every year for five years from the date of receipt of monies pursuant to subsection B, shall publish a legal notice in a newspaper of general circulation in the county in which the crime was committed and in counties contiguous to such county advising all victims for which monies have been received that funds are available to satisfy money judgments pursuant to this section.  The notice shall identify the accused, describe the criminal act involved and the proceedings against the accused and state the procedure to be followed for recovery of monies pursuant to subsection B.  No reference to the identity of the victim shall be made. The commission, in its discretion, may provide for such additional notice as it deems necessary.

D. On disposition of charges favorable to an accused, the commission shall immediately pay any monies in the account owing to such person.

E. After five years have elapsed following the establishment of the account pursuant to subsection B and on a showing that no applications for compensation are pending pursuant to this section, the commission shall immediately pay any monies in the account to the state general fund.

F. For the purposes of this section, a person who is found guilty except insane pursuant to rule 23.2, Arizona rules of criminal procedure, is deemed to be a convicted person.

G. If it is found, pursuant to rule 11, Arizona rules of criminal procedure, that a person who is accused of a crime is unfit to proceed as a result of a mental illness or defect because the person lacks the capacity to understand the proceedings against the person or to assist in the person's own defense, the commission shall bring an action of interpleader pursuant to rule 22, Arizona rules of civil procedure, to determine disposition of the escrow account.

H. Notwithstanding any law to the contrary, the five-year period provided for in subsection B does not begin to run until an account is established.

I. Notwithstanding subsections B through F the commission shall make payments from the account to any accused on the order of a court of competent jurisdiction after a showing by the accused that the money will be used for the sole purpose of retaining legal representation at any stage of the proceedings against the accused.

J. An action taken by any person, whether by execution of a power of attorney, creation of a corporate entity or otherwise, to defeat the purpose of this section shall be null and void as against the public policy of this state.

K. The cost of administering the account and monies in the account shall be reimbursed to the industrial commission from the account.

L. Any person who enters into a contract described in subsection A that does not comply with this section shall be liable to the state for deposit in the crime victim account of an amount equal to all monies paid or received including monies paid to or received by another person by execution of a power of attorney, creation of a corporate entity or otherwise, which execution was done to defeat the purposes of this section.

M. For the purposes of this section, "loss" includes the value of any property damaged, destroyed or taken, the cost of medical treatment or counseling, lost wages and any other damage suffered as a result of the crime.
A.R.S. § 13-2907 — Arizona Code / Title 13 / Chapter 29 / Section 2907
13-2907 False reporting; emergency response costs; classification; definitions
Status: in_force

13-2907. False reporting; emergency response costs; classification; definitions

A. A person commits false reporting by initiating or circulating a report of a bombing, fire or other emergency knowing that such report is false and intending:

1. That it will cause action of any sort by an official or volunteer agency organized to deal with emergencies; or

2. That it will place a person in fear of imminent serious physical injury; or

3. That it will prevent or interrupt the occupation of any building, room, place of assembly, public place or means of transportation.

B. A person commits false reporting by initiating a report of a serious offense involving an educational institution or any place used for worship or for religious services knowing that such report is false and intending that it will cause an emergency response.

C. A person who commits a violation of this section that results in an emergency response or investigation of false reporting and who is convicted of a violation of this section is liable for the expenses that are incurred incident to the emergency response or the investigation of the commission of false reporting, except that if the person is a juvenile who is adjudicated delinquent of a violation of this section, the court may order the juvenile to pay the expenses incurred under this subsection as restitution.  The expenses are a debt of the person.  The public agency, for profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally.  The liability that is imposed under this subsection is in addition to any other liability that may be imposed.

D. A violation of subsection A of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 6 felony. A violation of subsection B of this section is a class 6 felony.

E. For the purposes of this section:

1. "Educational institution" means any of the following:

(a) A public school as defined in section 15-101.

(b) A private school that provides instruction to pupils in any combination of kindergarten programs and grades one through twelve.

(c) A community college as defined in section 15-1401.

(d) A university that is under the jurisdiction of the Arizona board of regents.

(e) A private postsecondary institution that is licensed under title 32, chapter 30, article 2.

(f) A college in this state that is owned, operated or chartered by a federally recognized Native American tribe on the tribe's own Indian reservation.

2. "Emergency response" means an immediate response by a law enforcement agency.

3. "Expenses" means any reasonable costs that are directly incurred by a public agency, for profit entity or not-for-profit entity that makes an appropriate emergency response to an incident or an investigation of the commission of false reporting.  Expenses includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. Expenses does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

4. "Public agency" means this state, any city, county, municipal corporation or district, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state and that provides police, fire fighting, medical or other emergency services.

5. "Serious offense" has the same meaning as provided in section 13-706.
A.R.S. § 13-3892 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3892
13-3892 Right of private person to break into building
Status: in_force

13-3892. Right of private person to break into building

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in section 13-3884, 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 he is refused admittance after he has announced his purpose.