A.R.S. § 13-3405 — Arizona Code / Title 13 / Chapter 34 / Section 3405
13-3405 Possession, use, production, sale or transportation of marijuana; classification; exceptions
Status: in_force

13-3405. Possession, use, production, sale or transportation of marijuana; classification; exceptions

A. Except as provided in sections 36-2852 and 36-2853, a person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. Except as provided in sections 36-2852 and 36-2853, a person who violates:

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.

4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.

5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.

6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.

7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.

8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.

9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.

10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.

11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than $750 or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

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

F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

I. This section does not apply to either:

1. A person who is licensed pursuant to title 3, chapter 2, article 4.1 and who possesses, uses, sells, produces, manufactures or transports industrial hemp as defined in section 3-311.

2. A person who engages in the commercial production, processing, manufacturing, distribution or commerce of industrial hemp as defined in section 3-311 in this state outside of the agricultural pilot program established pursuant to title 3, chapter 2, article 4.1 if the person's actions are authorized under federal law.
A.R.S. § 13-2909 — Arizona Code / Title 13 / Chapter 29 / Section 2909
13-2909 Residential picketing; classification
Status: in_force

13-2909. Residential picketing; classification

A. A person commits residential picketing if the person intentionally engages in picketing or otherwise demonstrates before or about an individual's residence or dwelling place and both of the following apply:

1. The picketing or demonstrating is intentionally directed at a person who resides in the residence or dwelling place.

2. A reasonable person would find the person's picketing or demonstrating to be harassing, threatening or alarming to a person in the residence or dwelling place.

B. This section does not apply to a residence or dwelling place that is also used as the individual's principal place of business.

C. Residential picketing is a class 3 misdemeanor.
A.R.S. § 13-911 — Arizona Code / Title 13 / Chapter 9 / Section 911
13-911 Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
Status: in_force

13-911. Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition

A. A person may file a petition to seal all case records related to a criminal offense if the person was:

1. Convicted of a criminal offense and has completed all of the terms and conditions of the sentence that was imposed by the court, including the payment of all monetary obligations and restitution to all victims.

2. Charged with a criminal offense and the charge was subsequently dismissed or resulted in a not guilty verdict at a trial.

3. Arrested for a criminal offense and no charges were filed.

B. All case records that are sealed pursuant to this section may be:

1. Alleged as an element of an offense.

2. Used as a historical prior felony conviction.

3. Admissible for impeaching any party or witness in a subsequent trial.

4. Used to enhance the sentence for a subsequent felony.

5. Used to enhance the sentence pursuant to sections 28-1381 and 28-1382.

6. Pleaded and proved in any subsequent prosecution of the person by this state or a political subdivision of this state.

7. Used as a conviction if the conviction would be admissible if the conviction was not sealed.

C. The person shall file a petition to seal all case records in one of the following:

1. The court in which the person was convicted of an offense.

2. The court in which an indictment, information, criminal citation or complaint against the person was filed and the charges were dismissed, the person was found not guilty or the person's conviction was vacated, except that if the complaint was filed in a justice court and a subsequent information was filed, the petition must be filed in the superior court.

3. The court in which the person had an initial appearance if charges were not filed.

4. The superior court in the county where a person was arrested if the person did not have an initial appearance and no charges were filed.

D. The court may not grant or deny a petition to seal a person's case records until sixty calendar days after the court receives the petition unless the court receives notice that both the prosecutor and all victims who have made a request for postconviction notice do not object to the petition. Unless the petitioner, prosecutor or victim requests a hearing, the court may grant or deny a petition to seal case records without a hearing. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing. The court shall grant the petition if the court determines that granting the petition is in the best interests of the petitioner and the public's safety. The clerk of the court shall provide a copy of the petition to seal case records to the prosecutor. The prosecutor may respond to the petition and request a hearing.  The victim has a right to be present and heard at any proceeding in which the defendant has filed a petition to seal case records. If the victim has made a request for postconviction notice, the prosecutor shall provide the victim with notice of the defendant's petition and of the victim's rights under this section.

E. At the time of sentencing, the court shall inform the person on the record that the person may be eligible to petition the court for an order that seals all case records of the person's arrest, conviction and sentence that are related to the offense pursuant to this section and shall provide this notice in writing.  A person who was convicted of any eligible offense may petition the court to seal the person's records of arrest, conviction and sentence after the person completes all of the nonmonetary terms and conditions of the person's sentence ordered by the court, and the following period of time has passed since the person completed the nonmonetary conditions of probation or sentence and was discharged by the court:

1. Ten years for a class 2 or 3 felony.

2. Five years for a class 4, 5 or 6 felony.

3. Three years for a class 1 misdemeanor.

4. Two years for a class 2 or 3 misdemeanor.

F. A person whose case records have been sealed pursuant to subsection E of this section and who commits a subsequent felony offense may petition the court pursuant to subsection E of this section to seal the person's records of arrest, conviction and sentence relating to the subsequent felony offense after the applicable period of time prescribed in subsection E of this section for the subsequent felony offense has expired and an additional five years have passed.

G. A petitioner is required to have paid all fines, fees and restitution ordered by the court at the time of filing the petition to be eligible to seal case records pursuant to this section.

H. After a petition to seal case records is filed, the court shall notify the department of public safety and request the department to prepare and submit a report to the court that includes all of the petitioner's state and federal arrests, prosecutions and convictions and any other information that the court requests or that the department believes will assist the court in making its determination.  The director may charge the petitioner a fee that is determined by the director for the investigation unless the petitioner is indigent or has been found not guilty or the case was dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section.

I. If the court grants a petition to seal case records:

1. The court shall issue an order sealing all records relating to the petitioner's arrest, conviction and sentence and directing the clerk of the court to notify the department of public safety and the prosecutor of the sealing order.

2. On order of a court, the clerk of the court shall seal all case records relating to the petitioner's arrest, conviction and sentence.  A court order to seal case records pursuant to this section is subject only to the disclosure requirements in this section and shall be treated differently than a record that is sealed pursuant to any other statute or court rule.  The clerk shall create and manage a system for sealing case records pursuant to this section and for providing sealed case records to an entity or person that is listed in subsection J of this section and that requests the record.  On the request of an entity or person listed in subsection J of this section, the clerk shall provide the entity or person with any sealed case records. The clerk may not provide sealed case records pursuant to this section to any person or entity that is not listed in subsection J of this section.

3. The department of public safety shall designate the case records as sealed within the department's records and inform all appropriate state and federal law enforcement agencies of the sealing. The department may not share or provide sealed case records with any person or entity or for any purpose that is not listed in subsections B and J of this section.  The department may charge the successful petitioner a fee determined by the director to research and correct the petitioner's criminal history record unless the petitioner is indigent or has been found not guilty or the case has been dismissed or not prosecuted and the petition is filed pursuant to subsection C, paragraph 2 or 3 of this section.

4. The arresting and prosecuting agencies shall clearly identify in each agency's files and electronic records that the petitioner's arrest or conviction and sentence records are sealed.

5. A person whose records are sealed pursuant to this section may state, in all instances, that the person has never been arrested for, charged with or convicted of the crime that is the subject of the arrest or conviction, including in response to questions on employment, housing, financial aid or loan applications unless any of the following applies:

(a) The person is submitting an application that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.

(b) The sealed case records involved a class 2 or class 3 felony violation of chapter 34 of this title.

(c) The sealed case records involved burglary under section 13-1506, 13-1507 or 13-1508, theft under section 13-1802 or organized retail theft under section 13-1819 from a residential or nonresidential structure and the person is applying for a job that requires entering into and performing services inside of a residential structure.

(d) The sealed case records involved child abuse under section 13-3623 or aggravated assault under section 13-1204 and the person is applying for a job involving supervising, educating or administering care to a minor.

(e) The sealed case records involved vulnerable adult abuse under section 13-3623 and the person is applying for a job involving supervising or administering care to a vulnerable adult or a person who is at least sixty-five years of age.

(f) The sealed case records involved a violation of section 5-395.01, 5-396, 5-397, 13-1814, 28-1381, 28-1382, 28-1383, 28-8282, 28-8284, 28-8286, 28-8287 or 28-8288 and the person is applying for a job involving the commercial or private operation of a motor vehicle, boat or airplane.

(g) The sealed case records involved a violation of chapter 18, 19, 20, 21, 22 or 23 of this title or telecommunication fraud under section 13-3707 and the person is applying for a job involving accounting, overseeing, transporting, handling or managing another person's money or financial assets.

(h) The person is applying for a position with a law enforcement agency, a prosecutor's office, a court, a probation department, a child welfare agency as defined in section 8-501, the department of child safety, the department of juvenile corrections or the state department of corrections.

(i) The person is undergoing a background check for the placement with that person of a child who is in the custody of the department of child safety.

(j) The disclosure is required by a state or federal law.

(k) The disclosure is required to comply with program integrity provisions of medicare, medicaid or any other federal health care program.

6. The person's employer is not liable for hiring or contracting with the person as prescribed in section 12-558.03.

J. If the person's case records are sealed pursuant to this section, the records shall be made available for the purposes listed in subsection B of this section and to the following:

1. The person whose records are sealed and any attorney who has filed a notice of appearance on behalf of the person whose records are sealed.

2. The victim in the case if the victim has exercised victims' rights pursuant to section 13-4414.

3. Any of the following if the purpose relates to the operation of the requesting party's official duties or internal hiring practices, or both:

(a) A law enforcement agency.

(b) A prosecuting agency.  On request of a person who is charged with a criminal offense or that person's attorney of record, a prosecuting agency shall provide the sealed case records of any person whom the prosecuting agency intends to call as a witness in that person's prosecution.

(c) A probation department or any agency that is responsible for the preparation of a presentence report.

(d) A court.

(e) The department of child safety or a child welfare agency as defined in section 8-501.

(f) The department of juvenile corrections.

(g) The state department of corrections or any other correctional facility in this state.

(h) The clerk of the court or any department that is responsible for maintaining court records.

K. This section does not require the supreme court or the court of appeals to seal any record.

L. If the court denies a petition to seal case records, a person may not file a new petition until three years after the date of the denial.

M. A conviction for an offense that is committed in another jurisdiction and that if committed in this state would not constitute an offense in this state may not be used against the petitioner or prohibit the petitioner from having a record sealed.  For the purposes of this section, the classification of an offense committed in another jurisdiction has the classification that the offense would have if committed in this state.

N. If the petitioner has a charge pending or is charged with an offense after filing a petition to seal case records pursuant to subsection C, paragraph 3 or 4 of this section and the charge could result in a conviction that cannot be sealed or that could extend the time to file a petition to seal case records, the court may not grant or deny the petition until the court disposes of that charge.

O. The following offenses are not eligible to be sealed pursuant to this section:

1. A dangerous offense as defined in section 13-105.

2. A dangerous crime against children as defined in section 13-705.

3. A serious offense or violent or aggravated felony as defined in section 13-706.

4. Any offense that has either of the following as an element of the offense:

(a) The discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

(b) The knowing infliction of serious physical injury on another person.

5. Sex trafficking pursuant to section 13-1307.

6. A class 2, 3, 4 or 5 felony offense that is included in chapter 14 or 35.1 of this title.

P. This section does not affect any of the following:

1. The right of the person whose case records are sealed to appeal the conviction or sentence or to rely on it in bar of any subsequent proceeding for the same offense.

2. The right of a law enforcement agency to maintain an arrest and conviction record and to communicate information regarding the sealed record of arrest or conviction to prosecuting agencies, courts, probation departments and other law enforcement agencies for a purpose listed in subsection J of this section or in defense of a civil action that arises out of the facts of the arrest or to the Arizona peace officer standards and training board solely to assist the board in determining the fitness of a person to serve as a peace officer, except that in any of these cases the information may not be disclosed to any person or entity that is not listed in subsection J of this section.

3. The department of public safety or the board of fingerprinting from considering a conviction that is sealed pursuant to this section when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07, except that the board of fingerprinting shall consider sealed case records as a mitigating circumstance in determining whether to grant a good cause exception pursuant to section 41-619.55.

4. A court from issuing a lifetime injunction pursuant to section 13-719 or the validity of a lifetime injunction that was issued pursuant to section 13-719.

Q. For the purposes of this section, "case records" means all records that pertain to a person's arrest, conviction and sentence for a particular offense and that may be sealed pursuant to this section.
A.R.S. § 13-109 — Arizona Code / Title 13 / Chapter 1 / Section 109
13-109 Place of trial
Status: in_force

13-109. Place of trial

A. Criminal prosecutions shall be tried in the county in which conduct constituting any element of the offense or a result of such conduct occurred, unless otherwise provided by law.

B. The following special provisions apply:

1. If conduct constituting an element of an offense or a result constituting an element of an offense occurs in two or more counties, trial of the offense may be held in any of the counties concerned; or

2. A person who in one county solicits, aids, abets or attempts to aid another in the planning or commission of an offense in another county may be tried for the offense in either county; or

3. If an offense is committed in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the transit occurred; or

4. If the cause of death is inflicted in one county and death ensues in another county, trial of the offense may be held in either county. If the cause of death is inflicted in one county and death ensues out of this state, trial of the offense shall be in the county where the cause was inflicted. If the body of a homicide victim is found in a county, it is presumed that the cause of death was inflicted in that county; or

5. If an offense is committed on the boundary of two or more counties or within one mile of such boundary, trial of the offense may be held in any of the counties concerned; or

6. A person who obtains property unlawfully may be tried in any county in which such person exerts control over the property; or

7. A person who commits a preparatory offense may be tried in any county in which any act that is an element of the offense, including the agreement in conspiracy, is committed.

C. If an offense has been committed within this state and it cannot readily be determined within which county or counties the commission took place, trial may be held in the county in which the defendant resides or, if the defendant has no fixed residence, in the county in which the defendant is apprehended or to which the defendant is extradited.
A.R.S. § 13-3806 — Arizona Code / Title 13 / Chapter 38 / Article 1 / Section 3806
13-3806 Duty of physician or attendant upon treating certain wounds; classification
Status: in_force

13-3806. Duty of physician or attendant upon treating certain wounds; classification

A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot wounds, knife wounds or other material injury which may have resulted from a fight, brawl, robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city marshal, if in an incorporated city or town, or the sheriff, or the nearest police officer, of the circumstances, together with the name and description of the patient, the character of the wound and other facts which may be of assistance to the police authorities in the event the condition of the patient may be due to any illegal transaction or circumstances.

B. Any violation of the provisions of this section by a physician, surgeon, nurse or hospital attendant, is a class 3 misdemeanor.
A.R.S. § 13-915 — Arizona Code / Title 13 / Chapter 9 / Section 915
13-915 Wilful failure to pay; revocation of probation
Status: in_force

13-915. Wilful failure to pay; revocation of probation

If the court finds that a defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that a defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court may revoke the defendant's probation and sentence the defendant to prison pursuant to law.
A.R.S. § 13-753 — Arizona Code / Title 13 / Chapter 7.1 / Section 753
13-753 Mental evaluations of capital defendants; hearing; appeal; definitions
Status: in_force

13-753. Mental evaluations of capital defendants; hearing; appeal; definitions

A. In any case in which the state files a notice of intent to seek the death penalty, a person who is found to have an intellectual disability pursuant to this section shall not be sentenced to death but shall be sentenced to life or natural life.

B. If the state files a notice of intent to seek the death penalty, the court, unless the defendant objects, shall appoint a prescreening psychological expert in order to determine the defendant's intelligence quotient using current community, nationally and culturally accepted intelligence testing procedures.  The prescreening psychological expert shall submit a written report of the intelligence quotient determination to the court within ten days of the testing of the defendant.  If the defendant objects to the prescreening, the defendant waives the right to a pretrial determination of status.  The waiver does not preclude the defendant from offering evidence of the defendant's intellectual disability in the penalty phase.

C. If the prescreening psychological expert determines that the defendant's intelligence quotient is higher than seventy-five, the notice of intent to seek the death penalty shall not be dismissed on the ground that the defendant has an intellectual disability. If the prescreening psychological expert determines that the defendant's intelligence quotient is higher than seventy-five, the report shall be sealed by the court and be available only to the defendant. The report shall be released on the motion of any party if the defendant introduces the report in the present case or is convicted of an offense in the present case and the sentence is final. A prescreening determination that the defendant's intelligence quotient is higher than seventy-five does not prevent the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

D. If the prescreening psychological expert determines that the defendant's intelligence quotient is seventy-five or less, the trial court, within ten days of receiving the written report, shall order the state and the defendant to each nominate three experts in intellectual disabilities, or jointly nominate a single expert in intellectual disabilities. The trial court shall appoint one expert in intellectual disabilities nominated by the state and one expert in intellectual disabilities nominated by the defendant, or a single expert in intellectual disabilities jointly nominated by the state and the defendant, none of whom made the prescreening determination of the defendant's intelligence quotient.  The trial court, in its discretion, may appoint an additional expert in intellectual disabilities who was neither nominated by the state nor the defendant, and who did not make the prescreening determination of the defendant's intelligence quotient.  Within forty-five days after the trial court orders the state and the defendant to nominate experts in intellectual disabilities, or on the appointment of such experts, whichever is later, the state and the defendant shall provide to the experts in intellectual disabilities and the court any available records that may be relevant to the defendant's status.  The court may extend the deadline for providing records on good cause shown by the state or defendant.

E. Not less than twenty days after receipt of the records provided pursuant to subsection D, or twenty days after the expiration of the deadline for providing the records, whichever is later, each expert in intellectual disability shall examine the defendant using current community, nationally and culturally accepted physical, developmental, psychological and intelligence testing procedures, for the purpose of determining whether the defendant has an intellectual disability.  Within fifteen days of examining the defendant, each expert in intellectual disabilities shall submit a written report to the trial court that includes the expert's opinion as to whether the defendant has an intellectual disability.

F. If the scores on all the tests for intelligence quotient administered to the defendant are above seventy, the notice of intent to seek the death penalty shall not be dismissed on the ground that the defendant has an intellectual disability.  This does not preclude the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

G. No less than thirty days after the experts in intellectual disabilities submit reports to the court and before trial, the trial court shall hold a hearing to determine if the defendant has an intellectual disability.  At the hearing, the defendant has the burden of proving intellectual disability by clear and convincing evidence. A determination by the trial court that the defendant's intelligence quotient is sixty-five or lower establishes a rebuttable presumption that the defendant has an intellectual disability.  This subsection does not preclude a defendant with an intelligence quotient of seventy or below from proving intellectual disability by clear and convincing evidence.

H. If the trial court finds that the defendant has an intellectual disability, the trial court shall dismiss the intent to seek the death penalty, shall not impose a sentence of death on the defendant if the defendant is convicted of first degree murder and shall dismiss one of the attorneys appointed under rule 6.2, Arizona rules of criminal procedure, unless the court finds that there is good cause to retain both attorneys. If the trial court finds that the defendant does not have an intellectual disability, the court's finding does not prevent the defendant from introducing evidence of the defendant's intellectual disability or diminished mental capacity at the penalty phase of the sentencing proceeding.

I. Within ten days after the trial court makes a finding on intellectual disability, the state or the defendant may file a petition for special action with the Arizona court of appeals pursuant to the rules of procedure for special actions. The filing of the petition for special action is governed by the rules of procedure for special actions, except that the court of appeals shall exercise jurisdiction and decide the merits of the claims raised.

J. This section applies to all capital sentencing proceedings.

K. For the purposes of this section, unless the context otherwise requires:

1. "Adaptive behavior" means the effectiveness or degree to which the defendant meets the standards of personal independence and social responsibility expected of the defendant's age and cultural group.

2. "Expert in intellectual disabilities" means a psychologist or physician licensed pursuant to title 32, chapter 13, 17 or 19.1 with at least five years' experience in the testing or testing assessment, evaluation and diagnosis of intellectual disabilities.

3. "Intellectual disability" means a condition based on a mental deficit that involves significantly subaverage general intellectual functioning, existing concurrently with significant impairment in adaptive behavior, where the onset of the foregoing conditions occurred before the defendant reached the age of eighteen.

4. "Prescreening psychological expert" means a psychologist licensed pursuant to title 32, chapter 19.1 with at least five years' experience in the testing, evaluation and diagnosis of intellectual disabilities.

5. "Significantly subaverage general intellectual functioning" means a full scale intelligence quotient of seventy or lower. The court in determining the intelligence quotient shall take into account the margin of error for the test administered.
A.R.S. § 13-4135 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4135
13-4135 Writ to admit to bail
Status: in_force

13-4135. Writ to admit to bail

When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition and without alleging that he is illegally confined. The court or judge may take a recognizance from such person as in other cases and file the recognizance in the proper court without delay.
A.R.S. § 13-3920 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3920
13-3920 Retention of property
Status: in_force

13-3920. Retention of property

A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence.

B. Notwithstanding section 13-3922, all property seized by a law enforcement agency in this state at any time must be returned to the owner, if known, within ten business days after the property's seizure unless any of the following applies:

1. The owner has been arrested and charged with a criminal offense subject to forfeiture.

2. The property is sought to be used as evidence.

3. It is illegal for the owner to possess the property.

4. The property was seized for forfeiture, in which case the property may be returned as prescribed by chapter 39 of this title.
A.R.S. § 13-1303 — Arizona Code / Title 13 / Chapter 13 / Section 1303
13-1303 Unlawful imprisonment; classification; definition
Status: in_force

13-1303. Unlawful imprisonment; classification; definition

A. A person commits unlawful imprisonment by knowingly restraining another person.

B. In any prosecution for unlawful imprisonment, it is a defense that:

1. The restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty; or

2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.

C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest in which case it is a class 1 misdemeanor.

D. For the purposes of this section, "detention officer" means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel.
A.R.S. § 13-1605 — Arizona Code / Title 13 / Chapter 16 / Section 1605
13-1605 Aggregation of amounts of damage
Status: in_force

13-1605. Aggregation of amounts of damage

Amounts of damage caused pursuant to one scheme or course of conduct, whether to property of one or more persons, may be aggregated in the indictment or information at the discretion of this state in determining the classification of an offense in violation of this chapter.
A.R.S. § 13-4095 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4095
13-4095 Uniformity of interpretation
Status: in_force

13-4095. Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
A.R.S. § 13-4011 — Arizona Code / Title 13 / Chapter 38 / Article 16 / Section 4011
13-4011 Costs of criminal action on removal before trial
Status: in_force

13-4011. Costs of criminal action on removal before trial

When a criminal action is removed to another county before trial, the costs of removal and trial shall be a charge against the county in which the indictment or information is filed. The judge of the court in the county to which the action is removed shall certify the amount of the cost incurred, giving the items thereof, to the clerk of the board of supervisors of the county from which removed, and the board shall audit and allow the amount certified and transmit a warrant therefor to the treasurer of the county to which the action was removed.
A.R.S. § 13-1104 — Arizona Code / Title 13 / Chapter 11 / Section 1104
13-1104 Second degree murder; classification
Status: in_force

13-1104. Second degree murder; classification

A. A person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development.  A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Second degree murder is a class 1 felony and is punishable as provided by section 13-705 if the victim is under fifteen years of age or is an unborn child, section 13-706, subsection A or section 13-710.
A.R.S. § 13-3842 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3842
13-3842 Fugitives from justice; duty of governor
Status: in_force

13-3842. Fugitives from justice; duty of governor

Subject to the provisions of this article, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
A.R.S. § 13-4251 — Arizona Code / Title 13 / Chapter 38 / Article 30 / Section 4251
13-4251 Applicability; definition
Status: in_force

13-4251. Applicability; definition

A. This article applies to the testimony or statements of a minor in criminal proceedings involving acts committed against the minor or involving acts witnessed by the minor whether or not those acts are charged and in civil proceedings including proceedings involving a dependency or a termination of parental rights.

B. In this article, "minor" means a person under fifteen years of age or a person who has a developmental disability as defined in section 41-2451 and who has a tested intelligence quotient score below seventy-five.
A.R.S. § 13-2902 — Arizona Code / Title 13 / Chapter 29 / Section 2902
13-2902 Unlawful assembly; classification
Status: in_force

13-2902. Unlawful assembly; classification

A. A person commits unlawful assembly by:

1. Assembling with two or more other persons with the intent to engage in conduct constituting a riot as defined in section 13-2903; or

2. Being present at an assembly of two or more other persons who are engaged in or who have the readily apparent intent to engage in conduct constituting a riot as defined in section 13-2903 and knowingly remaining there and refusing to obey an official order to disperse.

B. Unlawful assembly is a class 1 misdemeanor.
A.R.S. § 13-3115 — Arizona Code / Title 13 / Chapter 31 / Section 3115
13-3115 Forensics firearms identification system
Status: in_force

13-3115. Forensics firearms identification system

The department of public safety is authorized to establish and maintain a forensics firearms identification system designed to provide investigative information on criminal street gangs and the unlawful use of firearms.
A.R.S. § 13-3900 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3900
13-3900 Duty of private person after making arrest
Status: in_force

13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made or deliver the person arrested to a peace officer, who shall without unnecessary delay take the person arrested before either the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed. The private person or peace officer who takes the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If the peace officer cannot make the complaint, the private person who delivered the person arrested to the peace officer shall accompany the peace officer before the magistrate and shall make to the magistrate the complaint against the person arrested.
A.R.S. § 13-3309 — Arizona Code / Title 13 / Chapter 33 / Section 3309
13-3309 Seizure; exception; definition
Status: in_force

13-3309. Seizure; exception; definition

A. In addition to any other remedies provided by law, any monies used or intended to be used in violation of this chapter may be seized by any peace officer on probable cause that it is money used or intended to be used in violation of this chapter.

B. In addition to any other remedy provided by law, gambling records of gambling in violation of this chapter may be seized by any peace officer on probable cause that they are gambling records.

C. In addition to any other remedy provided by law, a gambling device may be seized by any peace officer on probable cause that it is a gambling device being used or intended to be used in violation of this title.

D. If a gambling device is an antique slot machine and is not used for gambling purposes or in violation of the laws of this state, possession of the antique slot machine is lawful and it shall not be confiscated or destroyed. If the gambling device is confiscated and the owner shows that the gambling device is an antique slot machine and it is not used for gambling purposes or in violation of the laws of this state, the court acquiring jurisdiction shall order the antique slot machine returned to the person from whom it was confiscated.

E. For purposes of this section, "antique slot machine" means a gambling device which is manufactured for use as a slot machine and is at least twenty-five years old.
A.R.S. § 13-2803 — Arizona Code / Title 13 / Chapter 28 / Section 2803
13-2803 Receiving a bribe by a witness; classification
Status: in_force

13-2803. Receiving a bribe by a witness; classification

A. A witness in an official proceeding or a person who believes he may be called as a witness commits receiving a bribe by a witness if such person knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that:

1. His testimony will thereby be influenced; or

2. He will attempt to avoid legal process summoning him to testify; or

3. He will absent himself from any official proceeding to which he has been legally summoned.

B. Receiving a bribe by a witness is a class 5 felony.
A.R.S. § 13-3310 — Arizona Code / Title 13 / Chapter 33 / Section 3310
13-3310 Forfeiture
Status: in_force

13-3310. Forfeiture

A. In addition to any other remedies provided by law, the following property shall be forfeited pursuant to section 13-2314 or chapter 39 of this title:

1. All benefits derived from a violation of this chapter.

2. All unlawful gambling devices.

3. All things of value used or intended to be used to facilitate a violation of this chapter.

B. A person that obtains property through a violation of this chapter is an involuntary trustee. An involuntary trustee and any other person, except a bona fide purchaser for value without notice of the unlawful conduct and who has not knowingly taken part in an illegal transaction, holds the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies pursuant to section 13-2314 or chapter 39 of this title.
A.R.S. § 13-2812 — Arizona Code / Title 13 / Chapter 28 / Section 2812
13-2812 Unlawful grand jury disclosure; classification
Status: in_force

13-2812. Unlawful grand jury disclosure; classification

A. A person commits unlawful grand jury disclosure if the person knowingly discloses to another the nature or substance of any grand jury testimony or any decision, result or other matter attending a grand jury proceeding, except in the proper discharge of official duties, at the discretion of the prosecutor to inform a victim of the status of the case or when permitted by the court in furtherance of justice.

B. Unlawful grand jury disclosure is a class 1 misdemeanor.
A.R.S. § 13-3720 — Arizona Code / Title 13 / Chapter 37 / Section 3720
13-3720 Dropping objects from overpass; classification; definition
Status: in_force

13-3720. Dropping objects from overpass; classification; definition

A. A person on an overpass who with criminal negligence drops, throws, shoots or otherwise propels an object at or on the lower level street or highway or at or on a motor vehicle that is standing or being operated on the lower level street or highway is guilty of a class 1 misdemeanor.

B. For purposes of this section, "overpass" means the upper level of a crossing, at different levels, of two streets or highways or a street or highway and a pedestrian path or railroad.
A.R.S. § 13-4423 — Arizona Code / Title 13 / Chapter 40 / Section 4423
13-4423 Plea negotiation proceedings
Status: in_force

13-4423. Plea negotiation proceedings

A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court.

B. The court shall not accept a plea agreement unless:

1. The prosecuting attorney advises the court that before requesting the negotiated plea reasonable efforts were made to confer with the victim pursuant to section 13-4419.

2. Reasonable efforts are made to give the victim notice of the plea proceeding pursuant to section 13-4409 and to inform the victim that the victim has the right to be present and, if present, to be heard.

3. The prosecuting attorney advises the court that to the best of the prosecutor's knowledge notice requirements of this chapter have been complied with and the prosecutor informs the court of the victim's position, if known, regarding the negotiated plea.
A.R.S. § 13-713 — Arizona Code / Title 13 / Chapter 7 / Section 713
13-713 Forfeiture of public retirement system benefits; definition
Status: in_force

13-713. Forfeiture of public retirement system benefits; definition

A. Notwithstanding any other law, if a member of a state retirement system or plan is convicted of or pleads no contest to an offense that is a class 1, 2, 3, 4 or 5 felony and that was committed in the course of the member's employment as a public official or for a public employer, the court shall order the person's membership terminated and the person shall forfeit all rights and benefits earned under the state retirement system or plan.  A member who forfeits all rights and benefits earned pursuant to this section is entitled to receive, in a lump sum amount, the member's contribution to the state retirement system or plan plus interest as determined by the board of that state retirement system or plan, less any benefits received by the member.

B. An order forfeiting a member's benefits on conviction of an offense listed in subsection A shall not be stayed on the filing of any appeal of the conviction.  While an appeal of the conviction is being adjudicated and until a final judgment is issued, for a member who is not receiving benefits, the member and the member's employer are required to continue making contributions to the retirement system or plan and for a member who is receiving benefits, the retirement system or plan shall suspend payments to the member and hold the assets in trust.  If the conviction is reversed on final judgment, no rights or benefits shall be forfeited and the member's membership shall be reinstated.

C. Notwithstanding subsection A, the court may award to a spouse, dependent or former spouse of a member who is subject to subsection A some or all of the amount that was forfeited under subsection A. The award under this subsection shall not require the board of the state retirement system or plan to provide any type, form or time of payment of severance, survivor or retirement benefits or any severance, survivor or retirement benefit option that is not provided by the laws governing the state retirement system or plan from which the award is being made.  In determining whether to make an award under this subsection, the judge shall consider the totality of circumstances, including:

1. The role, if any, of the person's spouse, dependent or former spouse in connection with the illegal conduct for which the person was convicted.

2. The degree of knowledge, if any, possessed by the person's spouse, dependent or former spouse in connection with the illegal conduct for which the person was convicted.

3. The community property nature of the benefits involved.

4. The extent to which the person's spouse, dependent or former spouse was relying on the forfeited benefits.

D. Notwithstanding subsection H, the court shall order that a person who is subject to forfeiture under this section is ineligible for future membership in any state retirement system or plan.

E. The court shall provide a copy of the order of forfeiture to the state retirement system or plan to which it applies.

F. This section does not apply to a member whose most recent retirement occurs before the effective date of this section, unless the member has resumed making contributions to the state retirement system or plan.

G. Notwithstanding subsection A, a court shall not order the forfeiture of rights and benefits earned under the state retirement system or plan that accrued before the effective date of this section or for a felony committed before the effective date of this section.

H. This section applies only to the state retirement system or plan in which the person was a contributing member at the time the offense was committed.

I. For the purposes of this section, "state retirement system or plan" means the Arizona state retirement system established by title 38, chapter 5, article 2, the elected officials' retirement plan established by title 38, chapter 5, article 3, the public safety personnel retirement system established by title 38, chapter 5, article 4 and the corrections officer retirement plan established by title 38, chapter 5, article 6.
A.R.S. § 13-2910.02 — Arizona Code / Title 13 / Chapter 29 / Section 2910.02
13-2910.02 Presence at animal fight; classification
Status: in_force

13-2910.02. Presence at animal fight; classification

Any person who is knowingly present at any place or building where preparations are being made for an exhibition of the fighting of animals, or who is present at such exhibition, is guilty of a class 6 felony.
A.R.S. § 13-3004 — Arizona Code / Title 13 / Chapter 30 / Section 3004
13-3004 Sending threatening or anonymous letter; classification
Status: in_force

13-3004. Sending threatening or anonymous letter; classification

A person who knowingly sends or delivers to another a letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to expose or publish his failings or infirmities, and a writer or sender of an anonymous letter or writing calculated to create distrust of another or tending to impute dishonesty, want of chastity, drunkenness or any crime or infirmity to the receiver of the letter or to any other person, is guilty of a class 2 misdemeanor.
A.R.S. § 13-3834 — Arizona Code / Title 13 / Chapter 38 / Article 4 / Section 3834
13-3834 Effect of arrest
Status: in_force

13-3834. Effect of arrest

Section 13-3832 shall not be construed to make unlawful any arrest in this state which would otherwise be lawful.
A.R.S. § 13-4509 — Arizona Code / Title 13 / Chapter 41 / Section 4509
13-4509 Expert's report
Status: in_force

13-4509. Expert's report

A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:

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

2. A description of the nature, content, extent and results of the examination and any test conducted.

3. The facts on which the findings are based.

4. An opinion as to the competency of the defendant.

B. If the mental health expert determines that the defendant is incompetent to stand trial, the report shall also include the following information:

1. The nature of the mental disease, defect or disability that is the cause of the incompetency.

2. The defendant's prognosis.

3. If requested by the state, whether the defendant should be considered dangerous and the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous.

4. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.

5. Whether the defendant is incompetent to refuse treatment and should be subject to involuntary treatment.

6. Whether the defendant has a history of any dangerous conduct.

C. If the mental health examiner determines that the defendant is currently competent by virtue of ongoing treatment with psychotropic medication, the court, in its discretion, may appoint a mental health expert who is a physician to address the necessity of continuing that treatment and any limitations that the medication may have on competency.

D. A mental health expert who is appointed pursuant to section 13-4521 shall submit a written report of the examination to the court within ten working days after the examination is completed. The report shall include at least the following information:

1. The name of each mental health expert who examined the defendant.

2. A description of the nature, content, extent and results of the examination and any test conducted.

3. The facts on which the findings are based.

4. An opinion as to whether the defendant should be considered dangerous, including the nature of the mental illness, disease or defect that makes the defendant likely to be dangerous and the defendant's prognosis.

5. The most appropriate form and place of treatment in this state, based on the defendant's therapeutic needs and potential threat to public safety.
A.R.S. § 13-306 — Arizona Code / Title 13 / Chapter 3 / Section 306
13-306 Criminal liability of an individual for conduct of an enterprise
Status: in_force

13-306. Criminal liability of an individual for conduct of an enterprise

A person is criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or in behalf of an enterprise to the same extent as if such conduct were performed in such person's own name or behalf.
A.R.S. § 13-4145 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4145
13-4145 Disobedience of command of writ; classification
Status: in_force

13-4145. Disobedience of command of writ; classification

An officer or person to whom a writ of habeas corpus is directed, who, after service thereof, neglects or refuses to obey the command thereof, or who, either solely or as a member of a court, knowingly and unlawfully recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a class 1 misdemeanor.
A.R.S. § 13-3843 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3843
13-3843 Form of demand
Status: in_force

13-3843. Form of demand

A. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there.

B. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
A.R.S. § 13-2504 — Arizona Code / Title 13 / Chapter 25 / Section 2504
13-2504 Escape in the first degree; classification
Status: in_force

13-2504. Escape in the first degree; classification

A. A person commits escape in the first degree by knowingly:

1. Escaping or attempting to escape from custody or a juvenile secure care facility, a juvenile detention facility or an adult correctional facility by either of the following:

(a) Using or threatening the use of physical force against another person.

(b) Using or threatening to use a deadly weapon or dangerous instrument against another person.

2. Escaping from an adult correctional facility.

B. Escape in the first degree is a class 4 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined, to any confinement in a secure care facility or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.
A.R.S. § 13-3603.01 — Arizona Code / Title 13 / Chapter 36 / Section 3603.01
13-3603.01 Partial-birth abortions; classification; civil action; definitions
Status: in_force

13-3603.01. Partial-birth abortions; classification; civil action; definitions

A.  Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a class 6 felony and shall be fined under this title or imprisoned not more than two years, or both.

B. This section does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

C. The father of the fetus if married to the mother at the time she receives a partial-birth abortion procedure and the maternal grandparents of the fetus if the mother is not at least eighteen years of age at the time of the partial-birth abortion may bring a civil action to obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the partial-birth abortion. Relief pursuant to this subsection includes the following:

1.  Money damages for all injuries, psychological and physical, resulting from the violation of this section.

2. Statutory damages in an amount equal to three times the cost of the partial-birth abortion.

D. This section shall not subject a woman upon whom a partial-birth abortion is performed to any criminal prosecution or civil liability.

E. A defendant who is accused of an offense under this section may seek a hearing before the Arizona medical board if the defendant is licensed pursuant to title 32, chapter 13 or the Arizona board of osteopathic examiners in medicine and surgery if the defendant is licensed pursuant to title 32, chapter 17 on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.  The findings on that issue are admissible, in the court's discretion, on that issue at the trial of the defendant.  On a motion of the defendant, the court shall, in its discretion, delay the beginning of the trial for not more than thirty days to permit a hearing to take place.

F. For the purposes of this section:

1. "Partial-birth abortion" means an abortion in which the person performing the abortion does both of the following:

(a) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother or, in the case of breech presentation, any part of the fetal trunk past the naval is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus.

(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

2. "Physician" means a doctor of medicine or a doctor of osteopathy who is licensed pursuant to title 32, chapter 13 or 17 or any other individual legally authorized by this state to perform abortions.  Any individual who is not a physician or who is not otherwise legally authorized by this state to perform abortions but who nevertheless directly performs a partial-birth abortion shall be subject to this section.
A.R.S. § 13-1707 — Arizona Code / Title 13 / Chapter 17 / Section 1707
13-1707 Unlawful cross burning; classification
Status: in_force

13-1707. Unlawful cross burning; classification

A. It is unlawful for a person to burn or cause to be burned a cross on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons.  The intent to intimidate may not be inferred solely from the act of burning a cross, but shall be proven by independent evidence.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-3995 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3995
13-3995 Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization
Status: in_force

13-3995. Hearing on motion of the secure mental health facility; expedited hearing; return to hospitalization

A. On the request of the secure mental health facility, the court shall grant a hearing to monitor a person's progress on conditional release. The secure mental health facility shall include in the request the specific reasons for requesting the hearing and any records, under seal, of communications and reports that support the need for the hearing. On the request of the person or the secure mental health facility, the court shall order the person's outpatient treatment supervisor to provide a mental health report to the court and the parties not later than fourteen days before the hearing.

B. If sufficient cause exists, the secure mental health facility may request an expedited hearing.  If requested, the court shall set an expedited hearing to monitor a person's progress or mental health.  The secure mental health facility must include in the request for the hearing the specific reasons for the expedited hearing and include records, under seal, of all communications and reports that support the need for the expedited hearing. The court may order an expedited mental health report from the person's outpatient treatment supervisor.

C. If a person is conditionally released to the community and the secure mental health facility has reason to believe that the person has violated the  conditional release order or that the person's mental health has deteriorated, the chief medical officer or the chief medical officer's designee may order the person's return to hospitalization. Before ordering a person's return to hospitalization, the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee to determine if rehospitalization is necessary to protect the safety of the public or the person.  With sufficient cause, the chief medical officer or the chief medical officer's designee may waive the requirement to consult with the outpatient treatment supervisor or the outpatient treatment supervisor's designee and may issue the return order immediately. If the return order is issued before a consultation occurs, the chief medical officer or the chief medical officer's designee shall consult with the outpatient treatment supervisor or the treatment supervisor's designee as soon as possible after the order is issued. The court shall be notified immediately and must set a hearing pursuant to section 13-3998.

D. All monthly monitoring reports regarding a person who is on conditional release shall be reviewed by the outpatient treatment supervisor, and the outpatient treatment supervisor shall notify the court and the secure mental health facility of any changes in the person's condition.
A.R.S. § 13-3826 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3826
13-3826 Petition to terminate sex offender registration; hearing; notice
Status: in_force

13-3826. Petition to terminate sex offender registration; hearing; notice

A. A defendant who is ordered or required to register pursuant to section 13-3821 for an offense committed in violation of this title and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following:

1. The defendant is at least thirty-five years of age at the time of the filing of the petition and was under twenty-two years of age at the time the offense was committed.

2. The victim was at least fifteen years of age at the time of the offense, was a peace officer posing as a fifteen, sixteen or seventeen year old minor or was a fictitious minor purported to be fifteen, sixteen or seventeen years of age.

3. If the defendant is required to be registered because of a violation of section 13-1405, the sexual conduct was consensual.

4. The defendant did not violate any of the sex offender terms of the defendant's probation.

5. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title for at least ten years after the date on which the person was sentenced for the offense for which the defendant was ordered or required to register.

6. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending.

7. The violation did not involve more than one victim.

8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register.

9. The defendant was not convicted of more than one offense involving more than one victim.

10. The defendant was not convicted of a violation or attempted violation of section 13-1406, 13-1410, 13-1417, 13-1423, 13-3206, 13-3212 or 13-3553.

B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. The state has the burden of establishing by a preponderance of the evidence that a factor listed in subsection A of this section has not been met. At the hearing, any party may introduce any reliable and relevant evidence, including hearsay evidence. Before ruling on the petition, the court must provide all parties, including the victim, with the opportunity to be heard.

C. The court shall deny the petition if the court finds that any factor listed in subsection A of this section is not met.

D. Notwithstanding subsection C of this section, the court may deny a petition if the court finds that a denial is in the best interests of justice or tends to ensure the safety of the public.
A.R.S. § 13-1701 — Arizona Code / Title 13 / Chapter 17 / Section 1701
13-1701 Definitions
Status: in_force

13-1701. Definitions

In this chapter, unless the context otherwise requires:

1. "Damage" means any physical or visual impairment of any surface.

2. "Occupied structure" means any structure as defined in paragraph 4 in which one or more human beings either is or is likely to be present or so near as to be in equivalent danger at the time the fire or explosion occurs. The term includes any dwelling house, whether occupied, unoccupied or vacant.

3. "Property" means anything other than a structure which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.

4. "Structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.

5. "Wildland" means any brush covered land, cutover land, forest, grassland or woods.
A.R.S. § 13-1310 — Arizona Code / Title 13 / Chapter 13 / Section 1310
13-1310 Abduction of child from a state agency; classification; definition
Status: in_force

13-1310. Abduction of child from a state agency; classification; definition

A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:

1. Takes, entices or keeps the child from the lawful custody of the state agency.

2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.

B. A violation of subsection A, paragraph 2 of this section is a class 5 felony, except that it is a class 1 misdemeanor if all of the following apply:

1. The child has voluntarily and without consent left the placement location.

2. The person who fails or refuses to return the child is the child's natural or adoptive parent.

3. The person's motive for keeping the child is to protect and care for the child.

C. A violation of subsection A, paragraph 1 of this section is:

1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.

2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.

3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.

4. A class 1 misdemeanor if all of the following apply:

(a) The child has voluntarily and without consent left the placement location.

(b) The person who fails or refuses to return the child is the child's natural or adoptive parent.

(c) The person's motive for keeping the child is to protect and care for the child.

D. For the purposes of this section, "state agency" means the department of child safety or the department of juvenile corrections.
A.R.S. § 13-4295 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295
13-4295 Definitions
Status: in_force

13-4295. Definitions

(Caution:  1998 Prop. 105 applies)

In this article, unless the context otherwise requires:

1. "Alien" means a person who is not a citizen or national of the United States as described in 8 United States code section 1101.

2. "Port of entry" means a port of entry in the United States as described in 19 Code of Federal Regulations section 101.1.
A.R.S. § 13-3507 — Arizona Code / Title 13 / Chapter 35 / Section 3507
13-3507 Public display of explicit sexual materials; classification; definitions
Status: in_force

13-3507. Public display of explicit sexual materials; classification; definitions

A. It is unlawful for any person knowingly to place explicit sexual material upon public display, or knowingly to fail to take prompt action to remove such a display from property in his possession or under his control after learning of its existence.

B. A person who violates any provision of this section is guilty of a class 6 felony.

C. For the purposes of this section:

1. "Explicit sexual material" means any drawing, photograph, film negative, motion picture, figure, object, novelty device, recording, transcription or any book, leaflet, pamphlet, magazine, booklet or other item, the cover or contents of which depicts human genitalia or depicts or verbally describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is harmful to minors. Explicit sexual material does not include any depiction or description which, taken in context, possesses serious educational value for minors or which possesses serious literary, artistic, political or scientific value.

2. "Public display" means the placing of material on or in a billboard, viewing screen, theater marquee, newsstand, display rack, vending machine, window, showcase, display case or similar place so that material within the definition of paragraph 1 of this subsection is easily visible or readily accessible from a public thoroughfare, from the property of others, or in any place where minors are invited as part of the general public.
A.R.S. § 13-1427 — Arizona Code / Title 13 / Chapter 14 / Section 1427
13-1427 Sexual assault kits; annual report; definitions
Status: in_force

13-1427. Sexual assault kits; annual report; definitions

A. On or before August 30 of each year, each law enforcement agency shall report to the department of public safety on a form prescribed by the department of public safety:

1. The number of sexual assault kits that the agency received.

2. The number of sexual assault kits that were submitted to a public accredited crime laboratory for analysis.

3. The number of sexual assault kits that were not submitted to a public accredited crime laboratory for analysis.

4. The reason or reasons for not submitting evidence from each sexual assault kit to a public accredited crime laboratory for analysis.

B. On or before August 30 of each year, each public accredited crime laboratory shall report to the department of public safety:

1. The number of sexual assault kits that the laboratory received.

2. The number of sexual assault kits that were not analyzed and the reason or reasons that the kits were not analyzed.

C. On or before December 1 of each year, the department of public safety shall report to the governor, the president of the senate and the speaker of the house of representatives on the compilation of the reports that are received from each public accredited crime laboratory and each law enforcement agency pursuant to subsections A and B of this section. The report must include any reconciliation and recommendations for increased compliance if necessary. The department of public safety shall post the reports on the department's website.

D. For the purposes of this section, "law enforcement agency" and "public accredited crime laboratory" have the same meanings prescribed in section 13-1426.
A.R.S. § 13-3811 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3811
13-3811 Complaint
Status: in_force

13-3811. Complaint

A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another.
A.R.S. § 13-3813 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3813
13-3813 Hearing; discharge; bond; new bond; filing
Status: in_force

13-3813. Hearing; discharge; bond; new bond; filing

A. When the person complained of appears or is brought before the magistrate, if the charge is controverted the magistrate shall hear and determine it.

B. If it appears that there is no just reason to believe the commission of the offense alleged to have been threatened is imminent, the person complained of shall be discharged.

C. If there is just reason to believe the commission of the offense is imminent, the person complained of may be required to enter into a bond in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the state, and particularly toward the complainant.

D. The bond provided in subsection C shall be binding for six months, and may, upon renewal of the complaint, be extended for a longer period, or a new bond may be required.

E. The bond shall be filed by the magistrate in the office of the clerk of the superior court.
A.R.S. § 13-1502 — Arizona Code / Title 13 / Chapter 15 / Section 1502
13-1502 Criminal trespass in the third degree; classification
Status: in_force

13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.

C. Criminal trespass in the third degree is a class 3 misdemeanor.
A.R.S. § 13-1409 — Arizona Code / Title 13 / Chapter 14 / Section 1409
13-1409 Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions
Status: in_force

13-1409. Unlawful sexual conduct; adult probation department employees; juvenile court employees; classification; definitions

A. An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in sexual contact, oral sexual contact or sexual intercourse by either:

1. Threatening to negatively influence the victim's supervision or release status.

2. Offering to positively influence the victim's supervision or release status.

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

C. For the purposes of this section:

1. "Adult probation department employee or juvenile court employee" means an employee of an adult probation department or the juvenile court who either:

(a) Through the course of employment, directly provides treatment, care, control or supervision to a victim.

(b) Provides presentence or predisposition reports directly to a court regarding the victim.

2. "Victim" means a person who is either of the following:

(a) Subject to conditions of release or supervision by a court.

(b) A minor who has been referred to the juvenile court.
A.R.S. § 13-123 — Arizona Code / Title 13 / Chapter 1 / Section 123
13-123 Certificate of special public importance
Status: in_force

13-123. Certificate of special public importance

In any action for a prosecution involving a dangerous crime against children, the state may file a certificate stating that the case is of special public importance. The clerk shall immediately furnish a copy of the certificate to the chief judge of the superior court in the county in which the action is pending and, after receiving the copy, the chief judge shall immediately designate a judge to hear and determine the action. The judge designated shall, consistent with the rules of criminal procedure, expedite the action and the action shall take precedence over prosecution of any other proceeding.
A.R.S. § 13-2315 — Arizona Code / Title 13 / Chapter 23 / Section 2315
13-2315 Racketeering; investigation of records; confidentiality; court enforcement; immunity; classification
Status: in_force

13-2315. Racketeering; investigation of records; confidentiality; court enforcement; immunity; classification

A. A custodian of the records of a financial institution as defined in section 13-2301 shall, at no expense to the financial institution, produce for inspection or copying the records in the custody of such financial institution when requested to be inspected by the attorney general or a county attorney authorized by the attorney general, provided such person requesting such information signs and submits a sworn statement to the custodian that the request is made in order to investigate racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312. Such records may be removed from the premises of the financial institution only for the purpose of copying the records and shall be returned within forty-eight hours. The attorney general or an authorized county attorney or any peace officer designated by such county attorney or the attorney general shall be prohibited from using or releasing such information except in the proper discharge of official duties. The furnishing of records in compliance with this section by a custodian of records shall be a bar to civil or criminal liability against such custodian or financial institution in any action brought alleging violation of the confidentiality of such records.

B. The attorney general or the authorized county attorney may petition the superior court for enforcement of this section in the event of noncompliance with the request for inspection. Enforcement shall be granted if the request is reasonable and the attorney general or the authorized county attorney has reasonable grounds to believe the records sought to be inspected are relevant to a civil or criminal investigation of an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312.

C. The investigation authority granted pursuant to the provisions of this section may not be exercised by a county attorney in the absence of authorization by the attorney general.

D. Nothing in this section precludes a financial institution or an officer, employee or agent of a financial institution from notifying the attorney general or a county attorney of information which may be relevant to a possible racketeering violation. A person who reports the information to the attorney general or a county attorney is immune from civil liability for the release of the information.

E. Any person releasing information obtained pursuant to this section, except in the proper discharge of official duties, is guilty of a class 2 misdemeanor.
A.R.S. § 13-303 — Arizona Code / Title 13 / Chapter 3 / Section 303
13-303 Criminal liability based upon conduct of another
Status: in_force

13-303. Criminal liability based upon conduct of another

A. A person is criminally accountable for the conduct of another if:

1. The person is made accountable for such conduct by the statute defining the offense; or

2. Acting with the culpable mental state sufficient for the commission of the offense, such person causes another person, whether or not such other person is capable of forming the culpable mental state, to engage in such conduct; or

3. The person is an accomplice of such other person in the commission of an offense including any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.

B. If causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is sufficient for the commission of the offense is guilty of that offense if:

1. The person solicits or commands another person to engage in the conduct causing such result; or

2. The person aids, counsels, agrees to aid or attempts to aid another person in planning or engaging in the conduct causing such result.
A.R.S. § 13-3707 — Arizona Code / Title 13 / Chapter 37 / Section 3707
13-3707 Telecommunication fraud; classification; definitions
Status: in_force

13-3707. Telecommunication fraud; classification; definitions

A. A person commits telecommunication fraud if the person does any of the following:

1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:

(a) Charging or attempting to charge the telecommunication service either:

(i) To an existing electronic mail address, telephone number or credit card number without the authority of the person to whom issued or the subscriber to or the lawful holder of the address or number.

(ii) To a nonexistent, counterfeit, revoked or canceled credit card number.

(b) Any method of code calling.

(c) Installing, rearranging or tampering with any facility or equipment.

(d) The use of any other fraudulent means, method, trick or device.

2. With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers.

3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either:

(a) To obtain telecommunication service by fraud in violation of this subsection.

(b) To conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication in order to obtain telecommunication service by fraud in violation of this subsection.

4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:

(a) Software, instrument, apparatus, equipment or device described in paragraph 3 of this subsection.

(b) Plans, specifications or instructions for making or assembling any software, instrument, apparatus, equipment or device with the intent to use or employ such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device or to allow any software, instrument, apparatus, equipment or device to be used or employed, for a purpose described in paragraph 3 of this subsection.

(c) Plans, specifications or instructions with the intent that the plans, specifications or instructions be used for making or assembling such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device.

B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any software, instrument, apparatus, equipment or device 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 as defined in section 13-3001 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. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state.

D. Telecommunication fraud is a class 3 felony.

E. As used in this section:

1. "Credit card number" means the card number appearing on a credit card, telephone calling card or access device as defined in section 13-2001 that is issued to a person by any supplier of telecommunication service and that permits the person to whom the card or access device has been issued to obtain telecommunication service.

2. "Telecommunication service" includes electronic communication services, subscription computer services, telephone and telegraph services and all other services that involve the transmission of information by wire, radio, cellular, wireless transmission or similar means.
A.R.S. § 13-2904 — Arizona Code / Title 13 / Chapter 29 / Section 2904
13-2904 Disorderly conduct; classification
Status: in_force

13-2904. Disorderly conduct; classification

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.
A.R.S. § 13-3117 — Arizona Code / Title 13 / Chapter 31 / Section 3117
13-3117 Remote stun guns; sales records; use; classification; definitions
Status: in_force

13-3117. Remote stun guns; sales records; use; classification; definitions

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

1. Sell an authorized remote stun gun without keeping an accurate sales record as to the identity of the purchaser with the manufacturer of the authorized remote stun gun.  The identification that is required by this paragraph shall be verified with a government issued identification. This requirement does not apply to secondary sales.

2. Knowingly use or threaten to use a remote stun gun or an authorized remote stun gun against a law enforcement officer who is engaged in the performance of the officer's official duties.

B. This section does not:

1. Preclude the prosecution of any person for the use of a remote stun gun or an authorized remote stun gun during the commission of any criminal offense.

2. Preclude any justification defense under chapter 4 of this title.

C. The regulation of remote stun guns and authorized remote stun guns is a matter of statewide concern.

D. A violation of:

1. Subsection A, paragraph 1 is a petty offense.

2. Subsection A, paragraph 2 is a class 4 felony.

E. For the purposes of this section:

1. "Authorized remote stun gun" means a remote stun gun that has all of the following:

(a) An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

(b) A serial or identification number on all projectiles that are discharged from the remote stun gun.

(c) An identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.

(d) A training program that is offered by the manufacturer.

2. "Remote stun gun" means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.
A.R.S. § 13-755 — Arizona Code / Title 13 / Chapter 7.1 / Section 755
13-755 Death sentences; supreme court review
Status: in_force

13-755. Death sentences; supreme court review

A. The supreme court shall review all death sentences. On review, the supreme court shall independently review the trial court's findings of aggravation and mitigation and the propriety of the death sentence.

B. If the supreme court determines that an error was made regarding a finding of aggravation or mitigation, the supreme court shall independently determine if the mitigation the supreme court finds is sufficiently substantial to warrant leniency in light of the existing aggravation. If the supreme court finds that the mitigation is not sufficiently substantial to warrant leniency, the supreme court shall affirm the death sentence. If the supreme court finds that the mitigation is sufficiently substantial to warrant leniency, the supreme court shall impose a life sentence pursuant to section 13-751, subsection A.

C. The independent review required by subsection A does not preclude the supreme court from remanding a case for further action if the trial court erroneously excluded evidence or if the appellate record does not adequately reflect the evidence presented.
A.R.S. § 13-1501 — Arizona Code / Title 13 / Chapter 15 / Section 1501
13-1501 Definitions
Status: in_force

13-1501. Definitions

In this chapter, unless the context otherwise requires:

1. "Critical public service facility" means:

(a) A structure or fenced yard that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used by a rail, bus, air or other mass transit provider, a public or private utility, any municipal corporation, city, town or other political subdivision that is organized under state law and that generates, transmits, distributes or otherwise provides natural gas, liquefied petroleum gas, electricity or a combustible substance for a delivery system that is not a retail-only facility, a telecommunications carrier or telephone company, a municipal provider as defined in section 45-561, a law enforcement agency, a public or private fire department or an emergency medical service provider.

(b) A structure or fenced yard or any equipment or apparatus that is posted with signage indicating it is a felony to trespass or signage indicating high voltage or high pressure and is used to manufacture, extract, transport, distribute or store gas, including natural gas or liquefied petroleum gas, oil, electricity, water or hazardous materials, unless it is a retail-only facility.

2. "Enter or remain unlawfully" means an act of a person who enters or remains on premises when the person's intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.

3. "Entry" means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property.

4. "Fenced commercial yard" means a unit of real property that is surrounded completely by fences, walls, buildings or similar barriers, or any combination of fences, walls, buildings or similar barriers, and that is zoned for business operations or where livestock, produce or other commercial items are located.

5. "Fenced residential yard" means a unit of real property that immediately surrounds or is adjacent to a residential structure and that is enclosed by a fence, wall, building or similar barrier or any combination of fences, walls, buildings or similar barriers.

6. "Fenced yard" means a unit of real property that is surrounded by fences, walls, buildings or similar barriers or any combination of fences, walls, buildings or similar barriers.

7. "In the course of committing" means any acts that are performed by an intruder from the moment of entry to and including flight from the scene of a crime.

8. "Manipulation key" means a key, device or instrument, other than a key that is designed to operate a specific lock, that can be variably positioned and manipulated in a vehicle keyway to operate a lock or cylinder, including a wiggle key, jiggle key or rocker key.

9. "Master key" means a key that operates all the keyed locks or cylinders in a similar type or group of locks.

10. "Nonresidential structure" means any structure other than a residential structure and includes a retail establishment.

11. "Residential structure" means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.

12. "Structure" means any device that accepts electronic or physical currency and that is used to conduct commercial transactions, any vending machine or any building, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for lodging, business, transportation, recreation or storage.

13. "Vending machine" means a machine that dispenses merchandise or service through the means of currency, coin, token, credit card or other nonpersonal means of accepting payment for merchandise or service received.
A.R.S. § 13-122 — Arizona Code / Title 13 / Chapter 1 / Section 122
13-122 Action for recovery of public monies
Status: in_force

13-122. Action for recovery of public monies

This state or any political subdivision of this state may maintain an action against any person convicted of an offense for the recovery of any public monies paid to the person. Venue for such an action is in the superior court in the county where the monies were paid, where a sale was made or where the defendant resides.
A.R.S. § 13-4235 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4235
13-4235 Contents of petition
Status: in_force

13-4235. Contents of petition

The defendant shall include every ground known to the defendant for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed and shall verify under oath that the petition contains all such grounds. Facts within the defendant's personal knowledge shall be noted separately from other allegations of fact and shall be under oath. Affidavits, records or other evidence currently available to the defendant supporting the allegations of the petition shall be attached to it. Legal citations and memoranda of points and authorities are required. Petitions which are incomplete shall be returned by the court to the defendant for completion. If the court does not receive the completed petition within thirty days after the defendant receives the incomplete petition, the court shall dismiss the proceeding with prejudice.
A.R.S. § 13-3728 — Arizona Code / Title 13 / Chapter 37 / Section 3728
13-3728 Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter; classification; definition
Status: in_force

13-3728. Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter; classification; definition

A. It is unlawful for a person to purchase, solicit, advertise, possess or sell a used detached catalytic converter or any nonferrous parts of a catalytic converter.

B. Subsection A of this section does not apply to:

1. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by an automotive recycler that is licensed pursuant to title 28, chapter 10 if the possession or sale is in the automotive recycler's ordinary course of business.

2. The purchase or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter as prescribed by section 44-1642.01 that are acquired in a transaction with an industrial account, with another scrap metal dealer or after the used detached catalytic converter or the nonferrous parts of a catalytic converter are authorized for release by a peace officer of the jurisdiction in which the transaction occurs, except that a solicitation or advertisement for a used detached catalytic converter or any nonferrous parts of a catalytic converter may be made only for industrial accounts.

3. The possession or sale of a used detached catalytic converter or any nonferrous parts of a catalytic converter by a commercial motor vehicle parts or repair business that sells or installs new catalytic converters if the possession or sale is in the business's ordinary course of business. A commercial motor vehicle parts or repair business may purchase a used detached catalytic converter being sold as a vehicle repair part in compliance with United States environmental protection agency policy. The used detached catalytic converter in compliance with United States environmental protection agency policy shall be marked with the date the catalytic converter was removed from the vehicle, the vehicle identification number of the vehicle from which the catalytic converter was removed or an alternative number to the vehicle identification number. If an alternative number is used, the alternative number must be under a numbering system that can be immediately linked to the vehicle identification number by law enforcement.

C. A person that purchases a used detached catalytic converter or any nonferrous parts of a catalytic converter shall electronically submit to the department of public safety a record of each transaction relating to a used detached catalytic converter or any nonferrous parts of a catalytic converter in accordance with section 44-1644.

D. A violation of this section is a class 1 misdemeanor, except that a violation of subsection A of this section involving the unlawful possession of ten or more used detached catalytic converters is a class 6 felony.

E. For the purposes of this section, "catalytic converter" has the same meaning prescribed in section 44-1642.01.
A.R.S. § 13-4295.04 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.04
13-4295.04 Enforcement of article
Status: in_force

13-4295.04. Enforcement of article

(Caution:  1998 Prop. 105 applies)

Notwithstanding any other law, this article may not be enforced in any manner until any part of section 2 of S.B. 4, 88th Leg., 4th Called Sess. (2023) that was enacted in the state of Texas, or any other law of any other state similar thereto, has been in effect for a period of sixty consecutive days at any time on or after the effective date of this article.
A.R.S. § 13-1817 — Arizona Code / Title 13 / Chapter 18 / Section 1817
13-1817 Unlawful possession, use or alteration of a retail sales receipt or universal product code label; classification; definition
Status: in_force

13-1817. Unlawful possession, use or alteration of a retail sales receipt or universal product code label; classification; definition

A. It is unlawful for a person to intentionally cheat or defraud a merchant by doing any of the following:

1. Possessing at least fifteen fraudulent retail sales receipts or universal product code labels or possessing a device that manufactures fraudulent retail sales receipts or universal product code labels.

2. Possessing, using, uttering, transferring, making, altering, counterfeiting or reproducing a retail sales receipt or a universal product code label.

B. A violation of subsection A, paragraph 1 is a class 5 felony.  A violation of subsection A, paragraph 2 is a class 6 felony and, in addition to any other fine authorized by law, the court may impose a fine of not more than three times the value represented on the retail sales receipt or the retail price represented by the original universal product code label.

C. For the purposes of this section, "merchant" means a person who offers for sale or exchange at least six like items of new and unused personal property in this state.
A.R.S. § 13-3875 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3875
13-3875 Cross-certification of federal peace officers; policy; powers; qualifications; liability; records
Status: in_force

13-3875. Cross-certification of federal peace officers; policy; powers; qualifications; liability; records

A. The sheriff of each county shall develop and adopt a policy on cross-certification of federal peace officers, including whether cross-certification shall be permitted in that county.

B. A federal peace officer who is employed by an agency of the United States and who has completed the basic training curriculum for the officer's agency shall possess and exercise all law enforcement powers of peace officers in this state for one year, including, if directed by the officer's employer, the capability to enforce the criminal laws of this state if the federal peace officer:

1. Submits to the sheriff a written request for certification as a peace officer in this state.

2. Submits evidence that the officer has been certified as a federal peace officer, is authorized by federal law to engage in or supervise the prevention, detection, investigation or prosecution of a violation of federal law and is authorized by federal law to make arrests, serve warrants and carry firearms.

C. Each federal peace officer who requests cross-certification may submit to the sheriff a written request for certification as a peace officer in this state pursuant to subsection B.  The cross-certification remains in effect for one year from the date on which the certification was authorized by the sheriff.

D. Neither the state nor any political subdivision is liable for any acts or failure to act by a federal peace officer.

E. The Arizona peace officer standards and training board shall maintain records of all federal peace officers who are certified as peace officers in this state.
A.R.S. § 13-1802 — Arizona Code / Title 13 / Chapter 18 / Section 1802
13-1802 Theft; classification; definitions
Status: in_force

13-1802. Theft; classification; definitions

A. A person commits theft if, without lawful authority, the person knowingly:

1. Controls property of another with the intent to deprive the other person of such property; or

2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or

3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or

4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or

5. Controls property of another knowing or having reason to know that the property was stolen; or

6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so; or

7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or

8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or

9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.

B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult's property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.

C. It is an affirmative defense to any prosecution under subsection B of this section that either:

1. The property was given as a gift consistent with a pattern of gift giving to the person that existed before the adult became vulnerable.

2. The property was given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the adult became vulnerable.

3. The superior court approved the transaction before the transaction occurred.

D. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.

E. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.

F. Subsection B of this section does not apply to an agent who is acting within the scope of the agent's duties as or on behalf of a health care institution that is licensed pursuant to title 36, chapter 4 and that provides services to the vulnerable adult.

G. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value.  Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony.  Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony.  Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is an animal taken for the purpose of animal fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.

H. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to 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.

I. For the purposes of this section, the value of ferrous metal or nonferrous metal includes the amount of any damage to the property of another caused as a result of the theft of the metal.

J. In an action for theft of ferrous metal or nonferrous metal:

1. Unless satisfactorily explained or acquired in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of possession of scrap metal that was recently stolen may give rise to an inference that the person in possession of the scrap metal was aware of the risk that it had been stolen or in some way participated in its theft.

2. Unless satisfactorily explained or sold in the ordinary course of business by an automotive recycler that is licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of the sale of stolen scrap metal at a price substantially below its fair market value may give rise to an inference that the person selling the scrap metal was aware of the risk that it had been stolen.

K. For the purposes of this section:

1. "Adequate consideration" means the property was given to the person as payment for bona fide goods or services provided by the person and the payment was at a rate that was customary for similar goods or services in the community that the vulnerable adult resided in at the time of the transaction.

2. "Ferrous metal" has the same meaning prescribed in section 44-1641.

3. "Pattern of gift giving" means two or more gifts that are the same or similar in type and monetary value.

4. "Position of trust and confidence" has the same meaning prescribed in section 46-456.

5. "Property" includes all forms of real property and personal property.

6. "Vulnerable adult" has the same meaning prescribed in section 46-451.
A.R.S. § 13-118 — Arizona Code / Title 13 / Chapter 1 / Section 118
13-118 Sexual motivation special allegation; procedures; definition
Status: in_force

13-118. Sexual motivation special allegation; procedures; definition

A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

B. If the prosecutor files a special allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation. The trier of fact shall find a special verdict as to whether the defendant committed the offense with a sexual motivation.

C. For purposes of this section "sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
A.R.S. § 13-3016 — Arizona Code / Title 13 / Chapter 30 / Section 3016
13-3016 Stored oral, wire and electronic communications; agency access; backup preservation; delayed notice; records preservation request; violation; classification
Status: in_force

13-3016. Stored oral, wire and electronic communications; agency access; backup preservation; delayed notice; records preservation request; violation; classification

A. This section applies to oral, wire and electronic communications that are entrusted to a communication service provider or remote computing service solely for the purpose of transmission, storage or processing.  Oral, wire and electronic communications that are in the possession of a person who is entitled to access the contents of such communications for any purpose other than transmission, storage or processing are ordinary business records that may be obtained by subpoena or court order.

B. An agency or political subdivision of this state may require the disclosure by a communication service provider or remote computing service of the contents of an oral, wire or electronic communication that has been in electronic storage for one hundred eighty days or less in one of the following ways:

1. Without prior notice to the subscriber or party, by obtaining a search warrant issued pursuant to chapter 38, article 8 of this title.

2. With prior notice to the subscriber or party, by serving a subpoena, except that notice may be delayed pursuant to subsection D of this section.

3. With prior notice to the subscriber or party, by obtaining a court order on an application and certification that contains specific and articulable facts showing that there are reasonable grounds to believe that the communication content sought is relevant to an ongoing criminal investigation, except that notice may be delayed pursuant to subsection D of this section.

C. An agency or political subdivision of this state may require the disclosure by a communication service provider or remote computing service of the contents of an oral, wire or electronic communication that has been in electronic storage for more than one hundred eighty days in one of the following ways:

1. Without notice to the subscriber or party, by obtaining a search warrant issued pursuant to chapter 38, article 8 of this title.

2. With prior notice to the subscriber or party, by serving a subpoena, except that notice may be delayed pursuant to subsection D of this section.

3. With prior notice to the subscriber or party, by obtaining a court order on an application and certification that contains specific and articulable facts showing that there are reasonable grounds to believe that the communication content sought is relevant to an ongoing criminal investigation, except that notice may be delayed pursuant to subsection D of this section.

D. Except as provided in subsection E of this section, the notice to the subscriber or party that is required by this section may be delayed for a period of not to exceed ninety days under any of the following circumstances:

1. If the applicant for a search warrant or court order pursuant to this section requests a delay of notification and the court finds that delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.

2. If the investigator or prosecuting attorney proceeding by subpoena executes a written certification that there is reason to believe that notice to the subscriber or party may result in danger to the safety of any person, flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.  The agency shall retain a true copy of the certification with the subpoena.

E. If further delay of notification is necessary, extensions of up to ninety days each may be obtained by application to the court or certification pursuant to subsection D of this section.

F. Any agency acting pursuant to this section may apply for a court order directing the communication service provider or remote computing service not to notify any other person of the existence of the subpoena, court order or warrant for such period as the court deems appropriate.  The court shall grant the application if it finds that there is reason to believe that notice may cause an adverse result described in subsection D of this section.  A person who violates an order issued pursuant to this subsection is guilty of a class 1 misdemeanor.

G. On the expiration of any period of delay under this section, the agency shall deliver to the subscriber or party a copy of the process used and notice including:

1. That information was requested from the service provider.

2. The date on which the information was requested.

3. That notification to the subscriber or party was delayed.

4. The identity of the court or agency ordering or certifying the delay.

5. The provision of this section by which delay was obtained.

6. That any challenge to the subpoena or order must be filed within fourteen days.

H. On the request of an agency or political subdivision of this state, a communication service provider or remote computing service shall take all necessary steps to preserve records, communication content and other evidence in its possession pending the issuance of a court order or other process.  The communication service provider or remote computing service shall retain the preserved records, communication content and other evidence for ninety days.  On the renewed request of an agency or political subdivision, the preservation period may be extended for an additional ninety days.  Except as provided in section 13-3011, a person shall not notify the subscriber or party during the period of the preservation request.
A.R.S. § 13-1102 — Arizona Code / Title 13 / Chapter 11 / Section 1102
13-1102 Negligent homicide; classification
Status: in_force

13-1102. Negligent homicide; classification

A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development.  A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Negligent homicide is a class 4 felony.
A.R.S. § 13-3120 — Arizona Code / Title 13 / Chapter 31 / Section 3120
13-3120 Knives regulated by state; state preemption; definitions
Status: in_force

13-3120. Knives regulated by state; state preemption; definitions

A. Except as provided in subsections C and D, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components in this state.

B. A political subdivision of this state shall not enact any rule or ordinance that relates to the manufacture of a knife and that is more prohibitive than or that has a penalty that is greater than any rule or ordinance that is related to the manufacture of any other commercial goods.

C. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law, to implement or enforce state law or relating to imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, a knife or any knife components at a rate that applies generally to other items of tangible personal property.

D. This section does not prohibit a political subdivision of this state from regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.

E. A political subdivision's rule or ordinance that relates to knives and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of this amendment to this section, is null and void.

F. For the purposes of this section:

1. "Knife" means a cutting instrument and includes a sharpened or pointed blade.

2. "Political subdivision" includes any county, city, including a charter city, town, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, municipal corporation or special district or any other local public agency.
A.R.S. § 13-1402 — Arizona Code / Title 13 / Chapter 14 / Section 1402
13-1402 Indecent exposure; exception; classification
Status: in_force

13-1402. Indecent exposure; exception; classification

A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

B. Indecent exposure does not include an act of breast-feeding by a mother.

C. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor, except that it is a class 6 felony if the defendant has two or more prior convictions for a violation of this section or has one or more prior convictions for a violation of section 13-1406. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.

D. A person who is convicted of a felony violation of this section and who has two or more historical prior felony convictions for a violation of this section or section 13-1403 involving indecent exposure or public sexual indecency to a minor who is under fifteen years of age is guilty of a class 3 felony and shall be sentenced to a term of imprisonment as follows:

Mitigated     Minimum Presumptive   Maximum      Aggravated

6 years     8 years     10 years    12 years    15 years

E. The presumptive term imposed pursuant to subsection D of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
A.R.S. § 13-2505 — Arizona Code / Title 13 / Chapter 25 / Section 2505
13-2505 Promoting prison contraband; exceptions; x-radiation; body scans; classification
Status: in_force

13-2505. Promoting prison contraband; exceptions; x-radiation; body scans; classification

A. A person, not otherwise authorized by law, commits promoting prison contraband:

1. By knowingly taking contraband into a correctional facility or the grounds of a correctional facility; or

2. By knowingly conveying contraband to any person confined in a correctional facility; or

3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.

B. A person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report the violation or attempted violation to the official in charge of the facility or to a peace officer.

C. Notwithstanding any law to the contrary, any person who is convicted of a violation of this section is prohibited from being employed by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.

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

1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.

2. Contraband located at the place where a person is on home arrest.

3. Contraband authorized by the correctional facility policies and used at the direction or with the permission of prison officials.

E. The state department of corrections, a county jail or a city or town correctional facility may request a licensed practitioner as defined in section 32-2801 to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband.

F. The state department of corrections, a county jail or a city or town correctional facility, in compliance with generally accepted health and safety standards, may perform a body scan of an inmate by using low-dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.

G. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.
A.R.S. § 13-1425 — Arizona Code / Title 13 / Chapter 14 / Section 1425
13-1425 Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitions
Status: in_force

13-1425. Unlawful disclosure of images depicting states of nudity or specific sexual activities; classification; definitions

A. It is unlawful for a person to intentionally disclose an image of another person who is identifiable from the image itself or from information displayed in connection with the image if all of the following apply:

1. The person in the image is depicted in a state of nudity or is engaged in specific sexual activities.

2. The depicted person has a reasonable expectation of privacy.  Evidence that a person has sent an image to another person using an electronic device does not, on its own, remove the person's reasonable expectation of privacy for that image. Unless the realistic pictorial representation is created or modified by the depicted person, this paragraph does not apply to an image that is a realistic pictorial representation.

3. The image is disclosed with the intent to harm, harass, intimidate, threaten or coerce the depicted person.

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

1. The reporting of unlawful conduct.

2. Lawful and common practices of law enforcement, criminal reporting, legal proceedings or medical treatment.

3. Images involving voluntary exposure in a public or commercial setting.

4. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or an information service or cable service, as defined in 47 United States Code section 153, with regard to content wholly provided by another party.

5. Any disclosure that is made with the consent of the person who is depicted in the image.

C. A violation of this section is a class 5 felony, except that a violation of this section is a:

1. Class 4 felony if the image is disclosed by electronic means.

2. Class 1 misdemeanor if a person threatens to disclose but does not disclose an image that if disclosed would be a violation of this section or if the image is a realistic pictorial representation.

D. For the purposes of this section:

1. "Disclose" means display, distribute, publish, advertise or offer.

2. "Disclosed by electronic means" means delivery to an email address, mobile device, tablet or other electronic device and includes disclosure on a website.

3. "Harm" means physical injury, financial injury or serious emotional distress.

4. "Image" means a photograph, videotape, film, digital recording or realistic pictorial representation.

5. "Realistic pictorial representation":

(a) Means an image that is created or modified to reasonably appear to be an actual image of an identifiable person depicted in a state of nudity or engaged in specific sexual activities that did not actually occur.

(b) Does not include an image made in the public interest, including scientific or educational activities, a newsworthy event or an issue of public concern.

6. "Reasonable expectation of privacy" means the person exhibits an actual expectation of privacy and the expectation is reasonable.

7. "Specific sexual activities" has the same meaning prescribed in section 11-811, subsection E, paragraph 18, subdivisions (a) and (b).

8. "State of nudity" has the same meaning prescribed in section 11-811, subsection E, paragraph 14, subdivision (a).
A.R.S. § 13-116 — Arizona Code / Title 13 / Chapter 1 / Section 116
13-116 Double punishment
Status: in_force

13-116. Double punishment

An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent. An acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other, to the extent the Constitution of the United States or of this state require.
A.R.S. § 13-1205 — Arizona Code / Title 13 / Chapter 12 / Section 1205
13-1205 Unlawfully administering intoxicating liquors, narcotic drug or dangerous drug; classification
Status: in_force

13-1205. Unlawfully administering intoxicating liquors, narcotic drug or dangerous drug; classification

A. A person commits unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug if, for a purpose other than lawful medical or therapeutic treatment, such person knowingly introduces or causes to be introduced into the body of another person, without such other person's consent, intoxicating liquors, a narcotic drug or dangerous drug.

B. Unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug is a class 6 felony.

C. If the victim is a minor, then the offense shall be a class 5 felony.
A.R.S. § 13-4418 — Arizona Code / Title 13 / Chapter 40 / Section 4418
13-4418 Construction of chapter
Status: in_force

13-4418. Construction of chapter

This chapter shall be liberally construed to preserve and protect the rights to which victims are entitled.
A.R.S. § 13-2308.02 — Arizona Code / Title 13 / Chapter 23 / Section 2308.02
13-2308.02 Making a terrorist threat; false reporting of terrorism; liability for expenses; classification; definitions
Status: in_force

13-2308.02. Making a terrorist threat; false reporting of terrorism; liability for expenses; classification; definitions

A. It is unlawful for a person to threaten to commit an act of terrorism and communicate the threat to any other person.

B. It is unlawful for a person to knowingly make a false report of an act of terrorism and communicate the false report to any other person.

C. It is not a defense to a prosecution under this section that the person did not have the intent or capability of committing the act of terrorism.

D. A person who is convicted of a violation of this section is liable for the expenses that are incurred incident to the response to or the investigation of the commission of the terrorist threat or the false report of terrorism. If the person is a juvenile who is adjudicated delinquent for 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.

E. A violation of this section is a class 3 felony.

F. For the purposes of this section:

1. "Expenses":

(a) Means any reasonable costs that are directly incurred by a public agency, for-profit entity or not-for-profit entity that makes an appropriate response to an incident or an investigation of the commission of the terrorist threat or a false report of terrorism.

(b) Includes the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.

(c) Does not include any charges that are assessed by an ambulance service that is regulated pursuant to title 36, chapter 21.1, article 2.

2. "Public agency" has the same meaning prescribed in section 38-502 and includes the federal government, any Arizona federally recognized Native American tribe or any other public authority that is located in whole or in part in this state.
A.R.S. § 13-4415 — Arizona Code / Title 13 / Chapter 40 / Section 4415
13-4415 Notice of probation modification, termination or revocation disposition matters; notice of arrest
Status: in_force

13-4415. Notice of probation modification, termination or revocation disposition matters; notice of arrest

A. On request of a victim who has provided an address or other contact information, the court or, if the case is in the superior court, the probation department shall notify the victim of any of the following:

1. A probation revocation disposition proceeding or any proceeding in which the court is asked to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.

2. Any hearing on a proposed modification of the terms of probation or intensive probation.

3. The arrest of a person who is on supervised probation and who is arrested pursuant to a warrant issued for a probation violation.

B. On request of a victim who has provided a current address or other current contact information, the court, or if the case is in the superior court, the probation department shall notify the victim of the following:

1. Any proposed modification to any term of probation if the modification affects restitution or incarceration status or the defendant's contact with or the safety of the victim.

2. The victim's right to be heard at a hearing that is set to consider any modification to be made to any term of probation.

3. Any violation of any term of probation that results in the filing with the court of a petition to revoke probation.

4. That a petition to revoke probation alleging that the defendant absconded from probation has been filed with the court.

5. Any conduct by the defendant that raises a substantial concern for the victim's safety.

C. If a victim has requested postconviction notice, the court or, if the case is in the superior court, the probation department shall provide notice of that request to the state department of corrections and the board of executive clemency if a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.

D. On the request of a victim, the state department of corrections shall provide the victim with the notices that are required by sections 13-4412 and 13-4413.

E. On the request of the victim, the board of executive clemency shall provide the victim with the notice that is required by section 13-4414.
A.R.S. § 13-757 — Arizona Code / Title 13 / Chapter 7.1 / Section 757
13-757 Method of infliction of sentence of death; identity of executioners; license suspension
Status: in_force

13-757. Method of infliction of sentence of death; identity of executioners; license suspension

A. The penalty of death shall be inflicted by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, under the supervision of the state department of corrections.

B. A defendant who is sentenced to death for an offense committed before November 23, 1992 shall choose either lethal injection or lethal gas at least twenty days before the execution date. If the defendant fails to choose either lethal injection or lethal gas, the penalty of death shall be inflicted by lethal injection.

C. The identity of executioners and other persons who participate or perform ancillary functions in an execution and any information contained in records that would identify those persons is confidential and is not subject to disclosure pursuant to title 39, chapter 1, article 2.

D. If a person who participates or performs ancillary functions in an execution is licensed by a board, the licensing board shall not suspend or revoke the person's license as a result of the person's participation in an execution.
A.R.S. § 13-4234.01 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4234.01
13-4234.01 Post-conviction relief proceedings; request for extension; victim notification
Status: in_force

13-4234.01. Post-conviction relief proceedings; request for extension; victim notification

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

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

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

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

E. This section does not provide any party or the victim with a right to oral argument.
A.R.S. § 13-4405.01 — Arizona Code / Title 13 / Chapter 40 / Section 4405.01
13-4405.01 Issuance and execution of arrest warrants
Status: in_force

13-4405.01. Issuance and execution of arrest warrants

A. Beginning on the effective date of this section, on the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing a criminal offense as defined in section 13-4401 or is materially related to a criminal offense as defined in section 13-4401.

B. On receipt of notice of an arrest or an impending arrest of a suspect and if applicable pursuant to subsection A of this section, the agency that is responsible for holding the original warrant shall notify the law enforcement agency that was responsible for the original investigation of the offense of the impending incarceration of a suspect who is arrested on the law enforcement agency's warrant.

C. On receiving notice that the warrant was executed pursuant to subsection B of this section, the law enforcement agency that was responsible for the original investigation of the offense shall do all of the following if the victim has requested notice pursuant to section 13-4405:

1. Notify the victim of the arrest and of the time, place and date for the initial appearance.

2. Inform the victim of the telephone number of the custodial agency in which the arrested person is held.

3. Provide the custodial agency with the victim information pursuant to section 13-4405 so that the custodial agency may notify the victim of the release of the suspect pursuant to section 13-4412, if applicable.

D. A law enforcement agency is not required to provide victim information pursuant to Section 13-4405, subsections C and E to the custodial agency at the time a suspect is taken into custody unless the law enforcement agency that performs that warrant arrest is also the law enforcement agency that was responsible for the original investigation of the offense.

E. The victim's right to be informed of an arrest or a release after a suspect is arrested pursuant to a warrant applies to warrants that are issued on or after September 1, 1996.

F. Law enforcement, courts and custodial agencies are not liable pursuant to section 13-4437 for the failure to inform a victim of the arrest or release of a suspect on warrants that were issued before September 1, 1996.
A.R.S. § 13-3112 — Arizona Code / Title 13 / Chapter 31 / Section 3112
13-3112 Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability; annual report
Status: in_force

13-3112. Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability; annual report

A. The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section. The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit. If the person is in actual possession of the concealed weapon and is required by section 4-229 or 4-244 to carry the permit, the person shall present the permit for inspection to any law enforcement officer on request. The department of public safety shall prioritize applications of in-state residents when issuing a permit to carry a concealed weapon.

B. The permit of a person who is arrested or indicted for an offense that would make the person unqualified under section 13-3101, subsection A, paragraph 7 or this section shall be immediately suspended and seized. The permit of a person who becomes unqualified on conviction of that offense shall be revoked. The permit shall be restored on presentation of documentation from the court if the permittee is found not guilty or the charges are dismissed. The permit shall be restored on presentation of documentation from the county attorney that the charges against the permittee were dropped or dismissed.

C. A permittee who carries a concealed weapon, who is required by section 4-229 or 4-244 to carry a permit and who fails to present the permit for inspection on the request of a law enforcement officer commits a violation of this subsection and is subject to a civil penalty of not more than $300. The department of public safety shall be notified of all violations of this subsection and shall immediately suspend the permit. A permittee shall not be convicted of a violation of this subsection if the permittee produces to the court a legible permit that is issued to the permittee and that was valid at the time the permittee failed to present the permit for inspection.

D. A law enforcement officer shall not confiscate or forfeit a weapon that is otherwise lawfully possessed by a permittee whose permit is suspended pursuant to subsection C of this section, except that a law enforcement officer may take temporary custody of a firearm during an investigatory stop of the permittee.

E. The department of public safety shall issue a permit to an applicant who meets all of the following conditions:

1. Is a resident of this state or a United States citizen.

2. Is twenty-one years of age or older or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, the United States armed forces reserve or a state national guard.

3. Is not under indictment for and has not been convicted in any jurisdiction of a felony unless that conviction has been expunged, set aside or vacated or the applicant's rights have been restored and the applicant is currently not a prohibited possessor under state or federal law.

4. Does not suffer from mental illness and has not been adjudicated mentally incompetent or committed to a mental institution.

5. Is not unlawfully present in the United States.

6. Has ever demonstrated competence with a firearm as prescribed by subsection N of this section and provides adequate documentation that the person has satisfactorily completed a training program or demonstrated competence with a firearm in any state or political subdivision in the United States. For the purposes of this paragraph, "adequate documentation" means:

(a) A current or expired permit issued by the department of public safety pursuant to this section.

(b) An original or copy of a certificate, card or document that shows the applicant has ever completed any course or class prescribed by subsection N of this section or an affidavit from the instructor, school, club or organization that conducted or taught the course or class attesting to the applicant's completion of the course or class.

(c) An original or a copy of a United States department of defense form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant's current or former service in the United States armed forces as prescribed by subsection N, paragraph 5 of this section.

(d) An original or a copy of a concealed weapon, firearm or handgun permit or a license as prescribed by subsection N, paragraph 6 of this section.

F. The application shall be completed on a form prescribed by the department of public safety. The form shall not require the applicant to disclose the type of firearm for which a permit is sought. The applicant shall attest under penalty of perjury that all of the statements made by the applicant are true, that the applicant has been furnished a copy of this chapter and chapter 4 of this title and that the applicant is knowledgeable about the provisions contained in those chapters. The applicant shall submit the application to the department with any documentation prescribed by subsection E of this section, two sets of fingerprints and a reasonable fee determined by the director of the department.

G. On receipt of a concealed weapon permit application, the department of public safety shall conduct a check of the applicant's criminal history record pursuant to section 41-1750. The department of public safety may exchange fingerprint card information with the federal bureau of investigation for federal criminal history record checks.

H. The department of public safety shall complete all of the required qualification checks within sixty days after receiving the application and shall issue a permit within fifteen working days after completing the qualification checks if the applicant meets all of the conditions specified in subsection E of this section. If a permit is denied, the department of public safety shall notify the applicant in writing within fifteen working days after completing all of the required qualification checks and shall state the reasons why the application was denied. On receipt of the notification of the denial, the applicant has twenty days to submit any additional documentation to the department. On receipt of the additional documentation, the department shall reconsider its decision and inform the applicant within twenty days of the result of the reconsideration. If denied, the applicant shall be informed that the applicant may request a hearing pursuant to title 41, chapter 6, article 10. For the purposes of this subsection, "receiving the application" means the first day that the department has physical control of the application and that is presumed to be on the date of delivery as evidenced by proof of delivery by the United States postal service or a written receipt, which shall be provided by the department on request of the applicant.

I. On issuance, a permit is valid for five years, except a permit that is held by a member of the United States armed forces, including a member of the Arizona national guard or a member of the reserves of any military establishment of the United States, who is on federal active duty and who is deployed overseas shall be extended until ninety days after the end of the member's overseas deployment.

J. The department of public safety shall maintain a computerized permit record system that is accessible to criminal justice agencies for the purpose of confirming the permit status of any person who is contacted by a law enforcement officer and who claims to hold a valid permit issued by this state. This information and any other records that are maintained regarding applicants, permit holders or instructors shall not be available to any other person or entity except on an order from a state or federal court. A criminal justice agency shall not use the computerized permit record system to conduct inquiries on whether a person is a concealed weapons permit holder unless the criminal justice agency has reasonable suspicion to believe the person is carrying a concealed weapon and the person is subject to a lawful criminal investigation, arrest, detention or investigatory stop.

K. A permit issued pursuant to this section is renewable every five years. At least sixty days before the expiration date of a permit, the department of public safety shall send a renewal reminder notice and renewal application form to the permit holder. Before a permit may be renewed, a criminal history records check shall be conducted pursuant to section 41-1750 within sixty days after receipt of the application for renewal. For the purposes of permit renewal, the permit holder is not required to submit additional fingerprints.

L. Applications for renewal shall be accompanied by a fee determined by the director of the department of public safety.

M. The department of public safety shall suspend or revoke a permit issued under this section if the permit holder becomes ineligible pursuant to subsection E of this section. The department of public safety shall notify the permit holder in writing within fifteen working days after the revocation or suspension and shall state the reasons for the revocation or suspension.

N. An applicant shall demonstrate competence with a firearm through any of the following:

1. Completion of any firearms safety or training course or class that is available to the general public, that is offered by a law enforcement agency, a junior college, a college or a private or public institution, academy, organization or firearms training school and that is approved by the department of public safety or that uses instructors who are certified by the national rifle association.

2. Completion of any hunter education or hunter safety course approved by the Arizona game and fish department or a similar agency of another state.

3. Completion of any national rifle association firearms safety or training course.

4. Completion of any law enforcement firearms safety or training course or class that is offered for security guards, investigators, special deputies or other divisions or subdivisions of law enforcement or security enforcement and that is approved by the department of public safety.

5. Evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces.

6. A valid current or expired concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state and that has a training or testing requirement for initial issuance.

7. Completion of any governmental police agency firearms training course and qualification to carry a firearm in the course of normal police duties.

8. Completion of any other firearms safety or training course or class that is conducted by a department of public safety approved or national rifle association certified firearms instructor.

O. The department of public safety shall maintain information comparing the number of permits requested, the number of permits issued and the number of permits denied. The department shall annually report this information electronically to the governor and the legislature.

P. The director of the department of public safety shall adopt rules for the purpose of implementing and administering this section including fees relating to permits that are issued pursuant to this section.

Q. This state and any political subdivision of this state shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both:

1. The permit or license is recognized as valid in the issuing state.

2. The permit or license holder is all of the following:

(a) Legally present in this state.

(b) Not legally prohibited from possessing a firearm in this state.

R. For the purpose of establishing mutual permit or license recognition with other states, the department of public safety shall enter into a written agreement if another state requires a written agreement. The department of public safety shall submit an electronic report to the governor and the legislature each year that includes any changes that were made in the previous year to a written agreement with another state.

S. Notwithstanding the provisions of this section, a person with a concealed weapons permit from another state may not carry a concealed weapon in this state if the person is under twenty-one years of age or is under indictment for, or has been convicted of, a felony offense in any jurisdiction, unless that conviction is expunged, set aside or vacated or the person's rights have been restored and the person is currently not a prohibited possessor under state or federal law.

T. The department of public safety may issue certificates of firearms proficiency according to the Arizona peace officer standards and training board firearms qualification for the purposes of implementing the law enforcement officers safety act of 2004 (P.L. 108-277; 118 Stat. 865; 18 United States Code sections 926B and 926C). A law enforcement or prosecutorial agency shall issue to a qualified retired law enforcement officer who has honorably retired a photographic identification that states that the officer has honorably retired from the agency. A person who was a municipal, county or state prosecutor is deemed to meet the qualifications of 18 United States Code section 926C(c)(2). The chief law enforcement officer shall determine whether an officer has honorably retired and the determination is not subject to review. A law enforcement or prosecutorial agency has no obligation to revoke, alter or modify the honorable discharge photographic identification based on conduct that the agency becomes aware of or that occurs after the officer has separated from the agency. For the purposes of this subsection, "qualified retired law enforcement officer" has the same meaning prescribed in 18 United States Code section 926C.

U. The initial and renewal application fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the concealed weapons permit fund established by section 41-1722.

V. On or before July 31 of each year, the department of public safety shall report to the joint legislative budget committee on the number of concealed weapons permits issued in the prior fiscal year. The report shall also include the number of outstanding concealed weapons permit applications that have not been issued and the average turnaround time to issue a concealed weapons permit.
A.R.S. § 13-1811 — Arizona Code / Title 13 / Chapter 18 / Section 1811
13-1811 County bad check trust fund; use of fund
Status: in_force

13-1811. County bad check trust fund; use of fund

A. The board of supervisors of a county shall establish a county bad check trust fund in the county treasury. The county attorney shall administer the fund under the conditions and for the purposes provided by this section.

B. The county attorney shall transmit to the county treasurer for deposit in the county bad check trust fund any fees that are collected pursuant to sections 13-1809 and 13-1810, any investigation and prosecution costs and any monies that are obtained as a result of a forfeiture and that are recovered for the county through enforcement of section 13-1802, 13-1807, 13-2002 or 13-2310, whether by final judgment, settlement or otherwise.

C. Monies that are collected by the county attorney pursuant to a prosecution under section 13-1802, 13-1807, 13-2002 or 13-2310 and that are not claimed by a victim within one hundred eighty days after the monies are collected shall be disposed of pursuant to section 12-941, except that the monies shall be transmitted to the county treasurer for deposit in the county bad check trust fund.

D. The county attorney shall transmit to the county treasurer for deposit in the county bad check trust fund any grant monies that the county attorney receives for the investigation or prosecution of bad check cases from a political subdivision of this state, any department or agency of the United States or another state, any foundation or any corporation.

E. The monies in the fund shall be used only for the expenditures associated with the investigation, prosecution and deferred prosecution of offenses pursuant to sections 13-1802, 13-1807, 13-2002 and 13-2310.

F. On or before January 15, April 15, July 15 and October 15, the county attorney shall file with the board of supervisors a report for the previous calendar quarter. The report shall set forth the source of all monies for and all expenditures from the fund. The report shall not include any identifying information about specific investigations or prosecutions.
A.R.S. § 13-1308 — Arizona Code / Title 13 / Chapter 13 / Section 1308
13-1308 Trafficking of persons for forced labor or services; classification; definitions
Status: in_force

13-1308. Trafficking of persons for forced labor or services; classification; definitions

A. It is unlawful for a person to either:

1. Knowingly traffic another person with the intent to or knowledge that the other person will be subject to forced labor or services.

2. Knowingly benefit, financially or by receiving anything of value, from participation in a venture that has engaged in an act in violation of section 13-1306, section 13-1307, this section or section 13-3212, subsection A, paragraph 9 or 10.

B. A violation of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

C. For the purposes of this section:

1. "Forced labor or services":

(a) Means labor or services that are performed or provided by another person and that are obtained through a person's either:

(i) Causing or threatening to cause serious physical injury to any person.

(ii) Restraining or threatening to physically restrain another person.

(iii) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person's actual or purported passport or other immigration document, government issued identification document, government record or personal property.

(iv) Abusing or threatening to abuse the law or the legal system.

(v) Extortion.

(vi) Causing or threatening to cause financial harm to any person.

(vii) Facilitating or controlling another person's access to a controlled substance.

(b) Does not include ordinary household chores and reasonable disciplinary measures between a parent or legal guardian and the parent's or legal guardian's child.

2. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person by deception, coercion or force.
A.R.S. § 13-902 — Arizona Code / Title 13 / Chapter 9 / Section 902
13-902 Periods of probation; monitoring; fees
Status: in_force

13-902. Periods of probation; monitoring; fees

A. Unless terminated sooner, probation may continue for the following periods:

1. For a class 2 felony, seven years.

2. For a class 3 felony, five years.

3. For a class 4 felony, four years.

4. For a class 5 or 6 felony, three years.

5. For a class 1 misdemeanor, three years.

6. For a class 2 misdemeanor, two years.

7. For a class 3 misdemeanor, one year.

B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:

1. For a violation of section 28-1381 or 28-1382, five years.

2. For a violation of section 28-1383, ten years.

C. If the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time before the termination or expiration of probation may extend the period within the following limits:

1. For a felony, not more than five years.

2. For a misdemeanor, not more than two years.

D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section.

E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13-2308.01, 13-2308.03, 13-2923, 13-3212 or 13-3623, if probation is available, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.

F. After conviction of a violation of section 13-3824, subsection A, if a term of probation is imposed and the offense for which the person was required to register was a felony, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.

G. If a person is convicted on or after November 1, 2006 of a dangerous crime against children as defined in section 13-705, a term of probation is imposed, the person is required to register pursuant to section 13-3821 and the person is classified as a level three offender pursuant to section 13-3825, the court shall require global position system or electronic monitoring for the duration of the term of probation.  The court may impose a fee on the probationer to offset the cost of the monitoring device required by this subsection. The fee shall be deposited in the adult probation services fund pursuant to section 12-267, subsection A, paragraph 3. This subsection does not preclude global position system or electronic monitoring of any other person who is serving a term of probation.
A.R.S. § 13-1307 — Arizona Code / Title 13 / Chapter 13 / Section 1307
13-1307 Sex trafficking; classification; definitions
Status: in_force

13-1307. Sex trafficking; classification; definitions

A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the following:

1. The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force or coercion.

2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force.

B. A person who violates this section is guilty of a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

C. For the purposes of this section:

1. "Coercion" includes:

(a) Abusing or threatening to abuse the law or the legal system.

(b) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person's actual or purported passport or other immigration document, government issued identification document, government record or personal property.

(c) Extortion.

(d) Causing or threatening to cause financial harm to any person.

(e) Facilitating or controlling another person's access to a controlled substance.

2. "Force" includes causing or threatening to cause serious harm to another person or physically restraining or threatening to physically restrain another person.

3. "Sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

4. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person.
A.R.S. § 13-111 — Arizona Code / Title 13 / Chapter 1 / Section 111
13-111 Former jeopardy or acquittal as bar to same or lesser offenses
Status: in_force

13-111. Former jeopardy or acquittal as bar to same or lesser offenses

When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment or information, the conviction, acquittal or jeopardy is a bar to another indictment or information for the offense charged in either, or for an attempt to commit the offense, or for any offense necessarily included therein, of which he might have been convicted under the indictment or information.
A.R.S. § 13-4024 — Arizona Code / Title 13 / Chapter 38 / Article 17 / Section 4024
13-4024 Untimely or successive motions
Status: in_force

13-4024. Untimely or successive motions

A. A motion for an examination under section 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:

1. At least one affidavit from a licensed physician or licensed psychologist who has examined the prisoner that states the physician's or psychologist's opinion that the prisoner is not competent to be executed.

2. A statement that establishes good cause for the failure to file the motion in a timely manner.

B. A motion that is filed fewer than twenty days before a scheduled execution shall be served on the state department of corrections and the attorney representing the state in the criminal proceeding. The filing of an untimely motion constitutes consent by the prisoner to be evaluated by a mental health expert who is designated by the state department of corrections. The mental health expert shall report the expert's findings to the superior court and the parties as expediently as practicable. If the prisoner fails to cooperate with an evaluation, the court shall dismiss the motion.

C. If the superior court denies a motion for an examination under section 13-4022 or determines that the prisoner is competent for execution, no further hearings on competency may be granted unless the successive motion is accompanied by an affidavit from a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and who has examined the prisoner and the affidavit shows a substantial change of circumstances since the previous motion for hearing was denied or the prior determination of competency was made and the showing is sufficient to raise a significant question about the prisoner's competency to be executed.
A.R.S. § 13-3611 — Arizona Code / Title 13 / Chapter 36 / Section 3611
13-3611 Refusal or neglect to provide for spouse; classification
Status: in_force

13-3611. Refusal or neglect to provide for spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly fails or refuses to provide the spouse with necessary food, clothing, shelter or medical attendance, unless by such spouse's misconduct he or she was justified in so doing, is guilty of a class 1 misdemeanor.
A.R.S. § 13-3557 — Arizona Code / Title 13 / Chapter 35.1 / Section 3557
13-3557 Equipment; forfeiture
Status: in_force

13-3557. Equipment; forfeiture

On the conviction of a person for a violation of section 13-3552, 13-3553, 13-3554 or 13-3560, the court shall order that any photographic equipment, computer system or instrument of communication that is owned or used exclusively by the person and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed.
A.R.S. § 13-1101 — Arizona Code / Title 13 / Chapter 11 / Section 1101
13-1101 Definitions
Status: in_force

13-1101. Definitions

In this chapter, unless the context otherwise requires:

1. "Premeditation" means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.

2. "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide.

3. "Person" means a human being.

4. "Adequate provocation" means conduct or circumstances sufficient to deprive a reasonable person of self-control.
A.R.S. § 13-3941 — Arizona Code / Title 13 / Chapter 38 / Article 10 / Section 3941
13-3941 Disposition and return of stolen or embezzled property
Status: in_force

13-3941. Disposition and return of stolen or embezzled property

A. When property alleged to have been stolen or embezzled comes into the custody of a peace officer or of a magistrate, he shall hold it subject to the order of the magistrate before whom the complaint is laid or who examines the charge against the person accused of stealing or embezzling such property.

B. The person to whom the property is delivered shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office, or taken from the person of a prisoner, and shall attach a number to each article and make a corresponding entry thereof.

C. The magistrate shall, upon satisfactory proof of the ownership, order the property to be delivered to the owner. The order entitles the owner to demand and receive the property unless the property, or any part thereof, is required as evidence in any criminal action. If it is so required, it shall remain in possession of the officer or magistrate until the termination of the action.

D. If the property has not been delivered to the owner, the court before which a trial is had for the theft or embezzlement of the property may, on proof of title of the owner, order it restored to him.

E. No charge or fee may be imposed upon the owner of property ordered to be returned to him pursuant to this section.
A.R.S. § 13-4520 — Arizona Code / Title 13 / Chapter 41 / Section 4520
13-4520 Expenses of maintenance of insane defendant as county charge
Status: in_force

13-4520. Expenses of maintenance of insane defendant as county charge

When a defendant in a criminal action, any time prior to pronouncement of sentence, is committed to the state hospital, the expenses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indictment was found or information filed, but the county may recover such expenses from the estate of the defendant or from a relative, town, city or county required by law to provide for and maintain the defendant.
A.R.S. § 13-3855 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3855
13-3855 Commitment to await requisition; bail
Status: in_force

13-3855. Commitment to await requisition; bail

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he probably committed the crime and, except in cases arising under section 13-3846, that he has fled from justice, the judge or magistrate must commit him to jail by a complaint reciting the accusation for such a time specified in the complaint, not exceeding thirty days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section 13-3856 or until he is legally discharged.
A.R.S. § 13-2605 — Arizona Code / Title 13 / Chapter 26 / Section 2605
13-2605 Commercial bribery; classification; exception
Status: in_force

13-2605. Commercial bribery; classification; exception

A. A person commits commercial bribery if:

1. Such person confers any benefit on an employee without the consent of such employee's employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs, and the conduct of the employee causes economic loss to the employer.

2. While an employee of an employer such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer's commercial affairs, and such conduct causes economic loss to the employer or principal.

B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars. Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars but not less than one hundred dollars. Commercial bribery is a class 1 misdemeanor if the value of the benefit is less than one hundred dollars.

C. This section shall not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such person and the employee that such employee engage in conduct which will cause economic loss to his employer, such employee engages in conduct while an employee of his original employer and such conduct causes economic loss to the employer.
A.R.S. § 13-2407 — Arizona Code / Title 13 / Chapter 24 / Section 2407
13-2407 Tampering with a public record; classification
Status: in_force

13-2407. Tampering with a public record; classification

A. A person commits tampering with a public record if, with the intent to defraud or deceive, such person knowingly:

1. Makes or completes a written instrument, knowing that it has been falsely made, which purports to be a public record or true copy thereof or alters or makes a false entry in a written instrument which is a public record or a true copy of a public record; or

2. Presents or uses a written instrument which is or purports to be a public record or a copy of such public record, knowing that it has been falsely made, completed or altered or that a false entry has been made, with intent that it be taken as genuine; or

3. Records, registers or files or offers for recordation, registration or filing in a governmental office or agency a written statement which has been falsely made, completed or altered or in which a false entry has been made or which contains a false statement or false information; or

4. Destroys, mutilates, conceals, removes or otherwise impairs the availability of any public record; or

5. Refuses to deliver a public record in such person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.

B. In this section "public record" means all official books, papers, written instruments or records created, issued, received or kept by any governmental office or agency or required by law to be kept by others for the information of the government.

C. Tampering with a public record is a class 6 felony.
A.R.S. § 13-2202 — Arizona Code / Title 13 / Chapter 22 / Section 2202
13-2202 Deceptive business practices; classification
Status: in_force

13-2202. Deceptive business practices; classification

A. A person commits deceptive business practices if in the course of engaging in a business, occupation or profession such person recklessly:

1. Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; or

2. Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service; or

3. Takes or attempts to take more than the represented quantity of any goods or service when as buyer such person furnishes the weight or measure; or

4. Sells, offers or exposes for sale adulterated goods or services; or

5. Sells, offers or exposes for sale mislabeled goods or services.

B. Deceptive business practices is a class 1 misdemeanor.
A.R.S. § 13-4441 — Arizona Code / Title 13 / Chapter 40 / Section 4441
13-4441 Right to be heard on a petition to restore the right to possess a firearm; notice
Status: in_force

13-4441. Right to be heard on a petition to restore the right to possess a firearm; notice

A. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant to section 13-925 to restore the defendant's right to possess a firearm.

B. If the victim has made a request for postconviction notice, the attorney for the state shall provide notice to the victim at least five days before the hearing.
A.R.S. § 13-3453 — Arizona Code / Title 13 / Chapter 34.1 / Section 3453
13-3453 Manufacture or distribution of imitation controlled substance; prohibited acts; classification
Status: in_force

13-3453. Manufacture or distribution of imitation controlled substance; prohibited acts; classification

A. It is unlawful for a person to manufacture, distribute or possess with intent to distribute an imitation controlled substance.

B. It is no defense to prosecution under this section that the defendant believed the imitation controlled substance to be a legitimate controlled substance.

C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation controlled substance as a controlled substance is guilty of a class 6 felony.

D. Any person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.
A.R.S. § 13-4138 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4138
13-4138 Disobedience of writ for defect of form
Status: in_force

13-4138. Disobedience of writ for defect of form

No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains the party imprisoned or restrained, the officer or person detaining him, and the court or judge before whom he is to be brought.
A.R.S. § 13-2907.04 — Arizona Code / Title 13 / Chapter 29 / Section 2907.04
13-2907.04 False reporting of vulnerable adult abuse; classification
Status: in_force

13-2907.04. False reporting of vulnerable adult abuse; classification

A. It is unlawful for a person to intentionally make a false report of vulnerable adult abuse or neglect to a law enforcement agency or to another person who is required by law to report the information to a law enforcement agency.

B. A violation of this section is a class 1 misdemeanor.
A.R.S. § 13-3962 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3962
13-3962 Admission to bail in certain non-bailable offenses
Status: in_force

13-3962. Admission to bail in certain non-bailable offenses

A person in custody for the commission of a non-bailable offense described in section 13-3961, where the proof is not evident or the presumption not great that he is guilty of the offense, shall before conviction be admitted to bail by a court having jurisdiction of the offense.
A.R.S. § 13-3709 — Arizona Code / Title 13 / Chapter 37 / Section 3709
13-3709 Obtaining cable television and video services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition
Status: in_force

13-3709. Obtaining cable television and video services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition

A. Any person who with the intent to defraud another of any part of the lawful charge for services that are provided over or by a licensed cable television system as defined in section 9-505 or a licensed video service network makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or attaches any unauthorized device or devices to any cable, wire, microwave or other component of a licensed cable television system or licensed video service network, to a television set or to any other instrument that is authorized to be attached to a licensed cable television system or licensed video service network is guilty of a class 2 misdemeanor.

B. Any person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services is guilty of a class 6 felony.

C. For the purposes of subsection B of this section it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a licensed cable television system or a licensed video service network without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain cable television, video or other services without payment of the charge for those services.

D. For the purposes of subsection B of this section, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B of this section.

E. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages or for an injunction, or both. The successful party to the action may recover reasonable attorney fees.

F. For the purposes of this section, "device" includes any component or combination of components capable of converting a scrambled, encrypted or encoded cable television or video service signal to a signal usable on a standard television receiver.
A.R.S. § 13-920 — Arizona Code / Title 13 / Chapter 9 / Section 920
13-920 Budget requests
Status: in_force

13-920. Budget requests

The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the intensive probation program to the supreme court. The supreme court shall include the counties' requests in its annual budget request and shall distribute to the participating counties the monies appropriated by the legislature for intensive probation.
A.R.S. § 13-3506.01 — Arizona Code / Title 13 / Chapter 35 / Section 3506.01
13-3506.01 Furnishing harmful items to minors; internet activity; classification; definitions
Status: in_force

13-3506.01. Furnishing harmful items to minors; internet activity; classification; definitions

A. It is unlawful for any person, with knowledge of the character of the item involved, to intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.

B.  This section does not apply to:

1. Posting material on an internet web site, bulletin board or newsgroup.

2. Sending material via a mailing list or listserv that is not administered by the sender.  For the purposes of this paragraph, "mailing list" or "listserv" means a method of internet communication where a message is sent to an internet address and then is retransmitted to one or more subscribers to the mailing list or listserv.

C. It is not a defense to a prosecution for a violation of this section that the recipient of the transmission was a peace officer posing as a minor.

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

E. The failure to report a violation of this section is a class 6 felony as prescribed by section 13-3620.

F.  For the purposes of this section:

1. "Internet" means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the transmission control protocol or internet protocol or any successor protocol to transmit information.

2. "Internet web site" means a location where material placed in a computer server-based file archive is publicly accessible, over the internet, using hypertext transfer protocol or any successor protocol.
A.R.S. § 13-4904 — Arizona Code / Title 13 / Chapter 45 / Section 4904
13-4904 Detention authority; armed nuclear security guards
Status: in_force

13-4904. Detention authority; armed nuclear security guards

A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committing or attempting to commit manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B, paragraph 1 or 2, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904, an act of terrorism under section 13-2308.01, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902 for the purpose of summoning a law enforcement officer.

B. Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard for false arrest, false or unlawful imprisonment or wrongful detention.
A.R.S. § 13-2309 — Arizona Code / Title 13 / Chapter 23 / Section 2309
13-2309 Bribery of participants in professional or amateur games, sports, horse races, dog races, contests; classification
Status: in_force

13-2309. Bribery of participants in professional or amateur games, sports, horse races, dog races, contests; classification

Whoever knowingly gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis, horse race, dog race or basketball player or boxer or any player or referee or other official who participates or expects to participate in any professional or amateur game or sport, or to any manager, coach or trainer of any team or participant or prospective participant in any such game, contest or sport, any benefit with intent to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory or defeat, or in the case of a referee or other official to affect his decisions or the performance of his duties in any way, in a baseball, football, hockey or basketball game, boxing, tennis, horse race, dog race, or polo match, or any professional or amateur sport, or game, in which such player or participant or referee or other official is taking part or expects to take part, or has any duty or connection therewith, is guilty of a class 4 felony.
A.R.S. § 13-2910.05 — Arizona Code / Title 13 / Chapter 29 / Section 2910.05
13-2910.05 Exempt activities
Status: in_force

13-2910.05. Exempt activities

(Caution:  1998 Prop. 105 applies)

Activity involving the possession, training, exhibition or use of an animal in the otherwise lawful pursuits of hunting, ranching, farming, rodeos, shows and security services shall be exempt from the provisions of sections 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 and 13-2910.10.
A.R.S. § 13-3731 — Arizona Code / Title 13 / Chapter 37 / Section 3731
13-3731 Unlawful food or drink contamination; damages; classification
Status: in_force

13-3731. Unlawful food or drink contamination; damages; classification

A. It is unlawful to intentionally introduce, add or mingle any bodily fluid or foreign object not intended for human consumption with any water, food, drink or other product intended for consumption by another human being.

B. The cost to clean up and sanitize the contaminated area and any monetary compensation that was provided to a human being who consumed the contaminated water, food, drink or other product may be included in calculating the dollar amount of the damages caused by the contamination.

C. A person who violates this section is guilty of:

1. A class 1 misdemeanor if either of the following occurs:

(a) A human being consumes the contaminated water, food, drink or other product.

(b) The damage caused by the contamination is at least $1,000.

2. A class 2 misdemeanor if no human being consumes the contaminated water, food, drink or other product and the damage caused by the contamination is less than $1,000.
A.R.S. § 13-3887 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3887
13-3887 Method of arrest by officer by virtue of warrant
Status: in_force

13-3887. Method of arrest by officer by virtue of warrant

When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
A.R.S. § 13-2304 — Arizona Code / Title 13 / Chapter 23 / Section 2304
13-2304 Collection of extensions of credit by extortionate means
Status: in_force

13-2304. Collection of extensions of credit by extortionate means

A. A person who knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extensions of credit or to punish any person for the nonrepayment thereof is guilty of a class 4 felony.

B. In any prosecution pursuant to this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment was punished by extortionate means.

C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence at the time the extension of credit in question was made of the circumstances described in section 13-2302, subsection B, paragraph 1 or 2, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
A.R.S. § 13-2412 — Arizona Code / Title 13 / Chapter 24 / Section 2412
13-2412 Refusing to provide truthful name when lawfully detained; classification
Status: in_force

13-2412. Refusing to provide truthful name when lawfully detained; classification

A. It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime.  A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer.

B. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 13-418 — Arizona Code / Title 13 / Chapter 4 / Section 418
13-418 Justification; use of force in defense of residential structure or occupied vehicles; definitions
Status: in_force

13-418. Justification; use of force in defense of residential structure or occupied vehicles; definitions

A. Notwithstanding any other provision of this chapter, a person is justified in threatening to use or using physical force or deadly physical force against another person if the person reasonably believes himself or another person to be in imminent peril of death or serious physical injury and the person against whom the physical force or deadly physical force is threatened or used was in the process of unlawfully or forcefully entering, or had unlawfully or forcefully entered, a residential structure or occupied vehicle, or had removed or was attempting to remove another person against the other person's will from the residential structure or occupied vehicle.

B. A person has no duty to retreat before threatening or using physical force or deadly physical force pursuant to this section.

C. For the purposes of this section:

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

2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
A.R.S. § 13-3972 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3972
13-3972 Restraint before conviction
Status: in_force

13-3972. Restraint before conviction

A person charged with a crime or public offense shall not, before conviction, be subject to more restraint than is necessary for his detention to answer the charge.