A.R.S. § 13-2314.02 — Arizona Code / Title 13 / Chapter 23 / Section 2314.02
13-2314.02 Racketeering lien; content; filing; notice; effect
Status: in_force

13-2314.02. Racketeering lien; content; filing; notice; effect

A. The state, upon filing a civil action under section 13-2314, upon seizure for forfeiture under chapter 39 of this title or upon charging an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, may file a racketeering lien in accordance with this section. A filing fee or other charge is not required for filing a racketeering lien.

B. A racketeering lien shall be signed by the attorney general or the county attorney representing the state in the action and shall set forth the following information:

1. The name of the defendant whose property or interest in property is to be subject to the lien, including as the defendant the name of any corporation, partnership, trust or other entity, including nominees, that are owned or controlled by the defendant.

2. In the discretion of the attorney general or county attorney filing the lien, any aliases or fictitious names of the defendant named in the lien.

3. If known to the attorney general or county attorney filing the lien, the present residence or principal place of business and the date of birth of the person named in the lien.

4. A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number for the proceeding, if any.

5. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed.

6. A statement that the notice is being filed pursuant to this section.

7. The amount which the state claims in the action or, with respect to property or an interest in property which the state asserts is subject to forfeiture, a description of the property or interest in property.

8. If known to the attorney general or county attorney filing the lien, a description of property in which the defendant has an interest which is available to satisfy a judgment entered in favor of the state.

9. Such other information as the attorney general or county attorney filing the lien deems appropriate.

C. The attorney general or the county attorney filing the lien may amend a lien filed under this section at any time by filing an amended racketeering lien in accordance with this section which identifies the prior lien amended. If the action in which the lien was filed is subsequently dismissed, the attorney general or county attorney filing the lien shall file a notice of release of the lien within twenty days after the final order of dismissal. The notice of release shall be filed with the same agency with which the original lien was filed.

D. The attorney general or the county attorney filing the lien shall, as soon as practical after filing a racketeering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a racketeering lien filed in accordance with this section.

E. In an action in which a racketeering lien has been filed covering property, a hearing seeking to release or extinguish the lien may be requested by the person named in the racketeering lien or a person claiming to possess a valid lien or an interest under subsection J of this section with respect to property covered in the lien.

F. After the person requests a hearing, the court shall enter an order to show cause setting a hearing date. The hearing date shall be at least five days but not more than ten days from the date the hearing was requested. The order to show cause setting the hearing and a copy of the entire hearing request shall be personally served on the filing agency by the person requesting the hearing as soon as possible but not less than five days before the date of the hearing. The filing agency is entitled to obtain discovery from and demand disclosure pursuant to rule 26.1 of the rules of civil procedure from a person requesting a hearing pursuant to this section.

G. If the person filing the request for a hearing pursuant to this section shows that the person possesses a valid lien or interest under subsection J of this section with respect to the property described in the request and either that probable cause does not then exist to support the racketeering lien and the property is not otherwise subject to attachment or encumbrance by the filing agency, the court shall enter an order extinguishing the racketeering lien or releasing the person's property interest, from the racketeering lien or shall enter any other order adequately protecting the person's rights, lien or interest. If the person filing the request for a hearing pursuant to this section establishes that probable cause does not exist to support the racketeering lien or forfeiture action and the lawsuit is not well grounded in fact, the court shall award the person costs and reasonable attorney fees to be assessed against and paid from monies acquired pursuant to sections 13-2314.01 and 13-2314.03.

H. A racketeering lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles and trailers it shall be filed with the motor vehicle division of the department of transportation. A racketeering lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The state may give such additional notice of the lien as it deems appropriate.

I. The filing of a racketeering lien in accordance with this section creates a lien in favor of the state in all of the following:

1. Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained or thereafter acquired in the name of the defendant identified in the lien.

2. Any interest of the defendant, in personal property situated in this state, then maintained or thereafter acquired in the name of the defendant identified in the lien.

3. Any property identified in the lien to the extent of the defendant's interest therein.

J. The filing of a racketeering lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's claim. The lien created in favor of the state in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing an interest that is exempt from forfeiture under chapter 39 of this title that is:

1. A valid lien perfected prior to the filing of the racketeering lien.

2. In the case of real property, an interest acquired and recorded prior to the filing of the racketeering lien.

3. In the case of personal property, an interest acquired prior to the filing of the racketeering lien.

4. In the case of community property, an interest acquired prior to the filing of the racketeering lien by a spouse whose own personal conduct does not provide a basis for the filing of the racketeering lien.

K. Upon entry of judgment in favor of the state, the state may proceed to execute thereon as in the case of any other judgment, except that:

1. In order to preserve the state's lien priority as provided in this section the state shall, in addition to such other notice as is required by law, give at least thirty days' notice of such execution to any person possessing at the time such notice is given an interest recorded subsequent to the date the state's lien was perfected.

2. If a person's property or interest in property has been released from the racketeering lien, the property or interest in property released from the lien shall not be subject to any judgment liens or any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under section 13-2314 or available under chapter 39 of this title as a result of an act or omission occurring prior to the filing of the released lien and known to the filing agency at the time the lien was filed.

L. This section shall not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under section 13-2314 or appropriate to protect the interests of the state or available under other applicable law, including, without limitation, title 44, chapter 8, article 1 and chapter 39 of this title.
A.R.S. § 13-3989.01 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3989.01
13-3989.01 Admissibility; 911 emergency service records and recordings; definition
Status: in_force

13-3989.01. Admissibility; 911 emergency service records and recordings; definition

A. The records and recordings of 911 emergency service telephone calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form:

The accompanying records and recordings and explanatory material are from the (name of agency) public safety answering point communications facility. This form authenticates (number) pages. This form authenticates (number) tapes. These documents and tapes pertain to: case number _____________, department report number _________________, call receipt date and time ______________, caller name _______________________, call origination location address _______________________, originating telephone number _____________________, dispatch time _____________________, arrival time_____________________.

Signed: ________________________ Custodian of records.

B. 911 emergency records and recordings and any copies of the records and recordings that comply with subsection A of this section are deemed to be authenticated pursuant to rule 901(b)(10) of the Arizona rules of evidence.

C. Nothing in this section affects the confidentiality of medical records as provided in section 12-2292.

D. For the purposes of this section, "records and recordings" includes telephone calls, data compilation from and copies of 911 emergency records and recordings and accompanying explanatory materials.
A.R.S. § 13-3101 — Arizona Code / Title 13 / Chapter 31 / Section 3101
13-3101 Definitions
Status: in_force

13-3101. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Deadly weapon" means anything that is designed for lethal use.  The term includes a firearm.

2. "Deface" means to remove, alter or destroy the manufacturer's serial number.

3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives.  Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.

4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive.  Firearm does not include a firearm in permanently inoperable condition.

5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.

6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.

7. "Prohibited possessor" means any person:

(a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.

(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored.

(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.

(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.

(e) Who is an undocumented alien or a nonimmigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad.  This subdivision does not apply to:

(i) Nonimmigrant aliens who possess a valid hunting license or permit that is lawfully issued by a state in the United States.

(ii) Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.

(iii) Certain diplomats.

(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.

(v) Persons who have received a waiver from the United States attorney general.

(f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.

(g) Who is found guilty except insane.

8. "Prohibited weapon":

(a) Includes the following:

(i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.

(ii) A device that is designed, made or adapted to muffle the report of a firearm.

(iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.

(iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.

(v) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.

(vi) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.

(vii) An improvised explosive device.

(viii) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (v) or (vii) of this subdivision.

(b) Does not include:

(i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.

(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.

(iii) A device that is commercially manufactured primarily for the purpose of illumination.

9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.

B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.
A.R.S. § 13-4438 — Arizona Code / Title 13 / Chapter 40 / Section 4438
13-4438 Statement of rights
Status: in_force

13-4438. Statement of rights

In order to assure that any victim who comes before the court has been advised of the victim's constitutional rights, the following statement shall be prominently posted in each superior, justice of the peace and municipal court in this state and shall be read out loud by a judge of the superior court at the daily commencement of the regular criminal docket at which accused persons are arraigned, appear for a status conference, make a change of plea or are sentenced:

If you are the victim of a crime with a case pending before this court, you are advised that you have rights to justice and due process under Arizona law that, among others, include the right to be treated with fairness, respect and dignity, to a speedy trial and a prompt and final conclusion of the case, to be present at court proceedings, to choose whether or not to be interviewed by the defendant or the defendant's attorney, to be heard before the court makes a decision on release, negotiation of a plea, scheduling and sentencing and to receive restitution from a person who is convicted of causing your loss. If you have not already been provided with a written statement of all victims' rights, please contact the victim services division of the prosecutor's office.
A.R.S. § 13-809 — Arizona Code / Title 13 / Chapter 8 / Section 809
13-809 Priority of payments; application to traffic offenses; orders to reimburse public monies
Status: in_force

13-809. Priority of payments; application to traffic offenses; orders to reimburse public monies

A. If a defendant is sentenced to pay a fine or incarceration costs, payment and enforcement of restitution take priority over payment to the state.

B. Section 13-804 does not apply to traffic offenses, except for a violation of section 28-661, 28-662, 28-693, 28-1381, 28-1382 or 28-1383 or any local ordinance relating to the same subject matter of such sections.

C. The court may impose an additional fine on sentencing for any offense to require that the defendant reimburse the law enforcement agency for any public monies paid to any person.
A.R.S. § 13-2007 — Arizona Code / Title 13 / Chapter 20 / Section 2007
13-2007 Unlawful use of slugs; classification
Status: in_force

13-2007. Unlawful use of slugs; classification

A. A person commits unlawful use of slugs if:

1. With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, such person inserts, deposits or otherwise uses a slug in such machine; or

2. Such person makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently in a coin machine.

B. Unlawful use of slugs is a class 2 misdemeanor.
A.R.S. § 13-3459 — Arizona Code / Title 13 / Chapter 34.1 / Section 3459
13-3459 Manufacture of certain substances and drugs by certain means; prohibited acts; classification
Status: in_force

13-3459. Manufacture of certain substances and drugs by certain means; prohibited acts; classification

A. It is unlawful for any person to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device relating to the authorized identification of any controlled substance, prescription-only drug or over-the-counter drug or any likeness of any of the foregoing upon any drug or container to intentionally:

1. Counterfeit a controlled substance, prescription-only drug or over-the-counter drug.

2. Duplicate substantially the physical appearance, form, package or label of a controlled substance, prescription-only drug or over-the-counter drug.

B. A person who violates any provision of subsection A is guilty of a class 1 misdemeanor.
A.R.S. § 13-502 — Arizona Code / Title 13 / Chapter 5 / Section 502
13-502 Insanity test; burden of proof; guilty except insane verdict
Status: in_force

13-502. Insanity test; burden of proof; guilty except insane verdict

A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense. Mental disease or defect does not include disorders that result from acute voluntary intoxication or withdrawal from alcohol or drugs, character defects, psychosexual disorders or impulse control disorders.  Conditions that do not constitute legal insanity include momentary, temporary conditions arising from the pressure of the circumstances, moral decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other motives in a person who does not suffer from a mental disease or defect or an abnormality that is manifested only by criminal conduct.

B. In a case involving the death or serious physical injury of or the threat of death or serious physical injury to another person, if a plea of insanity is made and the court determines that a reasonable basis exists to support the plea, the court may commit the defendant to a secure state mental health facility under the department of health services, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility for up to thirty days for mental health evaluation and treatment. Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant. The expert or experts who examine the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor. The court shall order the defendant to pay the costs of the mental health facility to the clerk of the court. The clerk of the court shall transmit the reimbursements to the mental health facility for all of its costs. If the court finds the defendant is indigent or otherwise is unable to pay all or any of the costs, the court shall order the county to reimburse the mental health facility for the remainder of the costs. Notwithstanding section 36-545.02, the mental health facility may maintain the reimbursements. If the court does not commit the defendant to a secure state mental health facility, a secure county mental health evaluation and treatment facility or another secure licensed mental health facility, the court shall appoint an independent expert who is licensed pursuant to title 32, who is familiar with this state's insanity statutes, who is a specialist in mental diseases and defects and who is knowledgeable concerning insanity to observe and evaluate the defendant. The expert who examines the defendant shall submit a written report of the evaluation to the court, the defendant's attorney and the prosecutor.  The court shall order the defendant to pay the costs of the services of the independent expert to the clerk of the court. The clerk of the court shall transmit the reimbursements to the expert. If the court finds the defendant is indigent or otherwise unable to pay all or any of the costs, the court shall order the county to reimburse the expert for the remainder of the costs. This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.

C. The defendant shall prove the defendant's legal insanity by clear and convincing evidence.

D. If the finder of fact finds the defendant guilty except insane, the court shall determine the sentence the defendant could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, section 13-705, section 13-706, subsection A, section 13-710 or section 13-1406 if the defendant had not been found insane, and the judge shall suspend the sentence and shall order the defendant to be placed and remain under the jurisdiction of the superior court and committed to a secure state mental health facility under the department of health services pursuant to section 13-3992 for the length of that sentence. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704. The court shall expressly identify each act that the defendant committed and separately find whether each act involved the death or physical injury of or a substantial threat of death or physical injury to another person.

E. A guilty except insane verdict is not a criminal conviction for sentencing enhancement purposes under section 13-703 or 13-704.
A.R.S. § 13-4071 — Arizona Code / Title 13 / Chapter 38 / Article 21 / Section 4071
13-4071 Subpoena; issuance; duty of clerk
Status: in_force

13-4071. Subpoena; issuance; duty of clerk

A. The process by which attendance of a witness before a court or magistrate is required is a subpoena.

B. The subpoena may be signed and issued:

1. By a magistrate before whom a complaint is laid for witnesses, either on behalf of the state or the defendant.

2. By the county attorney, attorney general, municipal prosecutor or city prosecutor for witnesses to appear before the grand jury, or for witnesses on a complaint, indictment or information to appear before the court in which the complaint, indictment or information is to be heard or tried or by the county attorney, attorney general, municipal prosecutor or city prosecutor for witnesses requested by a grand jury.

3. By the clerk of the court in which an indictment or information is to be tried, or by the clerk as authorized in subsection C.

C. The clerk of the court or the clerk's designee, on request of the county attorney or attorney general, shall issue a subpoena for witnesses to appear before the grand jury, without prior authorization by a grand jury, if all of the following occur:

1. A duly impaneled grand jury is sworn and is in existence at the time of the issuance of the subpoena.

2. The county attorney or attorney general designates the subpoena with the standard identifying grand jury number.

3. The county attorney or attorney general reports to the foreman of the grand jury, or in the foreman's absence the acting foreman, the fact of the issuance of the subpoena within ten days following its issuance or, if the grand jury is in recess, at the first succeeding session of the grand jury after the expiration of the ten day period.

4. The county attorney or attorney general reports to the presiding judge of the superior court the fact of the issuance of the subpoena within ten days following its issuance.

D. The clerk, at any time, on application of the defendant, and without charge, shall issue as many blank subpoenas, subscribed by the clerk as clerk, for witnesses as the defendant requires.  Blank subpoenas shall not be used to procure discovery in a criminal case, including to access the records of a victim.  Records relating to recovered memories or disassociated memories may be subject to subpoena only if the state seeks to introduce evidence of the victim's recovered or disassociated memory, the records are not otherwise privileged and the court approves the subpoena after a hearing. The victim shall be given notice of and the right to be heard at any proceeding involving a subpoena for records of the victim from a third party.
A.R.S. § 13-824 — Arizona Code / Title 13 / Chapter 8 / Section 824
13-824 Community restitution in lieu of monetary obligation; definition
Status: in_force

13-824. Community restitution in lieu of monetary obligation; definition

A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, on the defendant's request the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The court shall credit community restitution performed at a rate that is equal to the minimum wage prescribed by section 23-363, subsections A and B, rounded up to the nearest dollar.

B. This section does not apply to the assessment imposed pursuant to sections 12-116.05, 12-116.06, 12-116.07, 12-116.08 and 12-116.09 and to the surcharge imposed and collected pursuant to section 16-954, subsection A.

C. For the purposes of this section, "monetary obligation" means a fine, a civil penalty, a surcharge, an assessment, a fee or incarceration costs.
A.R.S. § 13-408 — Arizona Code / Title 13 / Chapter 4 / Section 408
13-408 Justification; use of physical force in defense of property
Status: in_force

13-408. Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.
A.R.S. § 13-4403 — Arizona Code / Title 13 / Chapter 40 / Section 4403
13-4403 Inability to exercise rights; lawful representatives; notice; definition
Status: in_force

13-4403. Inability to exercise rights; lawful representatives; notice; definition

A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated representative may exercise the same rights that the victim is entitled to exercise.  The victim may revoke this designation at any time and exercise the victim's rights.

B. If a victim is incompetent, deceased or otherwise incapable of designating a representative to act in the victim's place, the court may appoint a lawful representative who is not a witness.  If at any time the victim is no longer incompetent, incapacitated or otherwise incapable of acting, the victim may personally exercise the victim's rights.

C. If the victim is a minor or vulnerable adult the victim's parent, child or other immediate family member may exercise all of the victim's rights on behalf of the victim.  If the criminal offense is alleged against a member of the minor's or vulnerable adult’s immediate family, the victim’s rights may not be exercised by that person but may be exercised by another member of the immediate family unless, after considering the guidelines in subsection D of this section, the court finds that another person would better represent the interests of the minor or vulnerable adult for purposes of this chapter.

D. The court shall consider the following guidelines in appointing a representative for a minor or vulnerable adult victim:

1. Whether there is a relative who would not be so substantially affected or adversely impacted by the conflict occasioned by the allegation of criminal conduct against a member of the immediate family of the minor or vulnerable adult that the relative could not represent the victim.

2. The representative's willingness and ability to do all of the following:

(a) Undertake working with and accompanying the minor or vulnerable adult victim through all proceedings, including criminal, civil and dependency proceedings.

(b) Communicate with the minor or vulnerable adult victim.

(c) Express the concerns of the minor or vulnerable adult victim to those authorized to come in contact with the minor or vulnerable adult as a result of the proceedings.

3. The representative's training, if any, to serve as a minor or vulnerable adult victim’s representative.

4. The likelihood of the representative being called as a witness in the case.

E. The minor or vulnerable adult victim’s representative shall accompany the minor or vulnerable adult through all proceedings, including delinquency, criminal, dependency and civil proceedings, and, before the minor's or vulnerable adult’s courtroom appearance, shall explain to the minor or vulnerable adult the nature of the proceedings and what the minor or vulnerable adult will be asked to do, including telling the minor or vulnerable adult that the minor or vulnerable adult is expected to tell the truth.  The representative shall be available to observe the minor or vulnerable adult in all aspects of the case in order to consult with the court as to any special needs of the minor or vulnerable adult.  Those consultations shall take place before the minor or vulnerable adult testifies.  The court may recognize the minor or vulnerable adult victim’s representative when the representative indicates a need to address the court.  A minor or vulnerable adult victim’s representative shall not discuss the facts and circumstances of the case with the minor or vulnerable adult witness, unless the court orders otherwise upon a showing that it is in the best interests of the minor or vulnerable adult.

F. Any notices that are to be provided to a victim pursuant to this chapter shall be sent only to the victim or the victim's lawful representative.

G. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623.
A.R.S. § 13-3913 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3913
13-3913 Conditions precedent to issuance
Status: in_force

13-3913. Conditions precedent to issuance

No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.
A.R.S. § 13-2507 — Arizona Code / Title 13 / Chapter 25 / Section 2507
13-2507 Failure to appear in the first degree; classification
Status: in_force

13-2507. Failure to appear in the first degree; classification

A. A person commits failure to appear in the first degree if, having been required by law to appear in connection with any felony, such person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance.

B. Failure to appear in the first degree is a class 5 felony.
A.R.S. § 13-3613 — Arizona Code / Title 13 / Chapter 36 / Section 3613
13-3613 Contributing to delinquency and dependency; classification; procedure
Status: in_force

13-3613. Contributing to delinquency and dependency; classification; procedure

A. A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, as defined by section 13-3612, or who for any cause is responsible therefor is guilty of a class 1 misdemeanor.

B. The procedure and prosecution shall be the same as in other criminal cases.

C. When the charge concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when the charge concerns the delinquency of a child or children, the offense for convenience may be termed contributory delinquency.
A.R.S. § 13-3849 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3849
13-3849 Authority of arresting officer
Status: in_force

13-3849. Authority of arresting officer

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
A.R.S. § 13-4142 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4142
13-4142 Issuance, service and return of writ or process; time; manner; duty of clerk
Status: in_force

13-4142. Issuance, service and return of writ or process; time; manner; duty of clerk

A. Any writ or process authorized by this article may be issued and served on any day or at any time.

B. The writs, processes, warrants and subpoenas shall be issued by the clerk of the court, and, except subpoenas, sealed with the seal of such court, and shall be served and returned forthwith unless the court or judge specifies a particular time for the return. When the writs or processes are made returnable before a judge, they shall be returned before him at the county seat and there heard and determined.
A.R.S. § 13-3402 — Arizona Code / Title 13 / Chapter 34 / Section 3402
13-3402 Possession and sale of peyote; classification
Status: in_force

13-3402. Possession and sale of peyote; classification

A. A person who knowingly possesses, sells, transfers or offers to sell or transfer peyote is guilty of a class 6 felony.

B. In a prosecution for violation of this section, it is a defense that the peyote is being used or is intended for use:

1. In connection with the bona fide practice of a religious belief, and

2. As an integral part of a religious exercise, and

3. In a manner not dangerous to public health, safety or morals.
A.R.S. § 13-4031 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4031
13-4031 Right of appeal
Status: in_force

13-4031. Right of appeal

The state, or any party to a prosecution by indictment, information or complaint, may appeal as prescribed by law and in the manner provided by the rules of criminal procedure, except criminal actions involving crimes for which a sentence of death has actually been imposed may only be appealed to the supreme court.
A.R.S. § 13-4141 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4141
13-4141 Execution of warrant; return and hearing
Status: in_force

13-4141. Execution of warrant; return and hearing

A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before the court or judge who ordered the issuance of such warrant.

B. The person alleged to have such party under illegal confinement or restraint may make return to the warrant as in the case of a writ of habeas corpus, and the same proceedings shall be had thereupon as upon a return to such writ.
A.R.S. § 13-4232 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4232
13-4232 Preclusion of post-conviction relief; exceptions; proof
Status: in_force

13-4232. Preclusion of post-conviction relief; exceptions; proof

A. A defendant is precluded from relief under this article based on any ground:

1. Still raisable on direct appeal or on a post-trial motion.

2. Finally adjudicated on the merits on appeal or in any previous collateral proceeding.

3. That was waived at trial, on appeal or in any previous collateral proceeding.

B. This section does not apply to claims for relief pursuant to section 13-4231, paragraph 4, 5, 6 or 7. If a claim under section 13-4231, paragraph 4, 5, 6 or 7 is to be raised in a successive or untimely petition, the notice shall set forth the substance of the claim and the reasons for not raising the claim in the previous petition or in a timely manner. If the notice does not state meritorious reasons substantiating the claim and why the claim was not stated in the previous petition or in a timely manner, the proceeding shall be summarily dismissed.

C. Except for summary dismissals pursuant to subsection B of this section, the state shall plead and prove any ground of preclusion by a preponderance of the evidence. Though the state has the burden to plead and prove grounds of preclusion, any court on review of the record may determine and hold that an issue is precluded regardless of the state's failure to raise the preclusion issue.
A.R.S. § 13-1703 — Arizona Code / Title 13 / Chapter 17 / Section 1703
13-1703 Arson of a structure or property; classification
Status: in_force

13-1703. Arson of a structure or property; classification

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

B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less.
A.R.S. § 13-1903 — Arizona Code / Title 13 / Chapter 19 / Section 1903
13-1903 Aggravated robbery; classification
Status: in_force

13-1903. Aggravated robbery; classification

A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.

B. Aggravated robbery is a class 3 felony.
A.R.S. § 13-3308 — Arizona Code / Title 13 / Chapter 33 / Section 3308
13-3308 Presumption
Status: in_force

13-3308. Presumption

In a prosecution under this chapter in which it is necessary to prove the occurrence of any event that is the subject of gambling, a published report of its occurrence in a daily newspaper, a magazine or any other periodically printed publication of general circulation is admissible into evidence and, on admission, it is presumed that the event occurred. This presumption may be rebutted. Either party may use additional evidence to prove or disprove the occurrence of the event.
A.R.S. § 13-2003 — Arizona Code / Title 13 / Chapter 20 / Section 2003
13-2003 Criminal possession of a forgery device; classification
Status: in_force

13-2003. Criminal possession of a forgery device; classification

A. A person commits criminal possession of a forgery device if the person either:

1. Makes or possesses with knowledge of its character and with intent to commit fraud any plate, die, or other device, apparatus, equipment, software, access device, article, material, good, property or supply specifically designed or adapted for use in forging written instruments.

2. Makes or possesses any device, apparatus, equipment, software, access device, article, material, good, property or supply adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery.

B. Subsection A, paragraph 1 does not apply to peace officers or prosecutors in the performance of their duties.

C. A violation of subsection A, paragraph 1 is a class 6 felony. A violation of subsection A, paragraph 2 is a class 5 felony.
A.R.S. § 13-3732 — Arizona Code / Title 13 / Chapter 37 / Section 3732
13-3732 Unlawful video recording of law enforcement activity; classification; definition
Status: in_force

13-3732. Unlawful video recording of law enforcement activity; classification; definition

A. It is unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording is within eight feet of where the person knows or reasonably should know that law enforcement activity is occurring, either receives or has previously received a verbal warning from a law enforcement officer that the person is prohibited from making a video recording of a law enforcement activity within eight feet of the activity and continues to make a video recording of the law enforcement activity within eight feet of the activity. If the law enforcement activity is occurring in an enclosed structure that is on private property, a person who is authorized to be on the private property may make a video recording of the activity from an adjacent room or area that is less than eight feet away from where the activity is occurring, unless a law enforcement officer determines that the person is interfering in the law enforcement activity or that it is not safe to be in the area and orders the person to leave the area.

B. Notwithstanding subsection A of this section, a person who is the subject of police contact may record the encounter if the person is not interfering with lawful police actions, including searching, handcuffing or administering a field sobriety test. The occupants of a vehicle that is the subject of a police stop may record the encounter if the occupants are not interfering with lawful police actions.

C. This section does not establish a right or authorize any person to make a video recording of law enforcement activity.

D. A violation of this section is a class 3 misdemeanor.

E. For the purposes of this section, "law enforcement activity" means any of the following:

1. Questioning a suspicious person.

2. Conducting an arrest, issuing a summons or enforcing the law.

3. Handling an emotionally disturbed or disorderly person who is exhibiting abnormal behavior.
A.R.S. § 13-106 — Arizona Code / Title 13 / Chapter 1 / Section 106
13-106 Death of convicted defendant; dismissal of appellate and postconviction proceedings
Status: in_force

13-106. Death of convicted defendant; dismissal of appellate and postconviction proceedings

A. On a convicted defendant's death, the court shall dismiss any pending appeal or postconviction proceeding.

B. A convicted defendant's death does not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine or assessment imposed by the sentencing court.
A.R.S. § 13-759 — Arizona Code / Title 13 / Chapter 7.1 / Section 759
13-759 Death warrant; return
Status: in_force

13-759. Death warrant; return

A. After a conviction and sentence of death are affirmed and the first post-conviction relief proceedings have concluded, the supreme court shall issue a warrant of execution that authorizes the director of the state department of corrections to carry out the execution thirty-five days after the supreme court's mandate or order denying review or upon motion by the state. The supreme court shall grant subsequent warrants of execution on a motion by the state. The time for execution shall be fixed for thirty-five days after the state's motion is granted.

B. Upon the execution of a sentence of death, the director of the state department of corrections shall make a return upon the death warrant to the court which pronounced sentence and the supreme court, showing the time, mode and manner in which it was executed.
A.R.S. § 13-4081 — Arizona Code / Title 13 / Chapter 38 / Article 22 / Section 4081
13-4081 Definition of material witness
Status: in_force

13-4081. Definition of material witness

In this article, unless the context otherwise requires, "material witness" means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case.
A.R.S. § 13-4311 — Arizona Code / Title 13 / Chapter 39 / Section 4311
13-4311 Judicial in rem forfeiture proceedings
Status: in_force

13-4311. Judicial in rem forfeiture proceedings

A. If a forfeiture is authorized by law, it may be ordered by a court on an action in rem brought by the state pursuant to a notice of pending forfeiture or a verified complaint for forfeiture. The state may serve the complaint in the manner provided by section 13-4307 or by the Arizona rules of civil procedure.

B. Judicial in rem forfeiture proceedings are in the nature of an action in rem and are governed by the Arizona rules of civil procedure unless a different procedure is provided by law.  A civil in rem action may be brought by the state in addition to or in lieu of the civil and criminal in personam forfeiture procedures set forth in sections 13-4312 and 13-4313 if the prosecutor shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that, before or after the conviction, the defendant or alleged criminal:

1. Died.

2. No longer resides in the United States or was deported.

3. Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement investigation or prosecution.

4. Fled the jurisdiction of this state.

5. Abandoned the property.

C. On the filing of a civil in rem action by the state in superior court the clerk of the court in which the action is filed or the attorney for the state shall provide the notice of pending forfeiture required by section 13-4307 unless the files of the clerk of the court reflect that the notice has previously been made.

D. An owner of or interest holder in the property may file a claim against the property pursuant to section 13-4307, within sixty days after the notice, for a hearing to adjudicate the validity of the owner's or interest holder's claimed interest in the property. The court shall hold the hearing without a jury.  An owner or interest holder may not be charged a filing fee or any other charge for filing the claim.
A.R.S. § 13-914 — Arizona Code / Title 13 / Chapter 9 / Section 914
13-914 Intensive probation; evaluation; sentence; criteria; conditions
Status: in_force

13-914. Intensive probation; evaluation; sentence; criteria; conditions

A. An adult probation officer shall prepare a presentence report for every offender who has either:

1. Been convicted of a felony and for whom the granting of probation is not prohibited by law.

2. Violated probation by commission of a technical violation that was not chargeable or indictable as a criminal offense.

B. The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and criminal history of the offender. If the nature of the offense and the prior criminal history of the offender indicate that the offender should be included in an intensive probation program pursuant to supreme court guidelines for intensive probation, the adult probation officer may recommend to the court that the offender be granted intensive probation.

C. The court may suspend the imposition of sentence and grant the offender a period of intensive probation in accordance with this chapter. The suspension of sentence may be modified or revoked pursuant to this chapter.

D. When granting intensive probation the court shall set forth on the record the factual and legal reasons in support of the sentence.

E. The court may grant intensive probation only to a person with high risk and high need who is eligible for a grant of probation.

F. Intensive probation shall be conditioned on the offender:

1. Maintaining employment or full-time student status at a school subject to title 15 or title 32, chapter 30, or a combination of employment and student status, and making progress deemed satisfactory to the probation officer, or being involved in supervised job searches and community restitution work at least six days a week throughout the offender's term of intensive probation.

2. Paying restitution.

3. Paying probation fees of not less than $75 unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee.  Probation fees shall be deposited in the adult probation services fund established by section 12-267.  Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.

4. Paying monetary obligations imposed by the court.

5. Complying with any other conditions imposed by the court in order to meet the needs of the offender and limit the risks to the community.
A.R.S. § 13-110 — Arizona Code / Title 13 / Chapter 1 / Section 110
13-110 Conviction for attempt although crime perpetrated
Status: in_force

13-110. Conviction for attempt although crime perpetrated

A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted was perpetrated by the person in pursuance of such an attempt, unless the court, in its discretion, discharges the jury and directs the person to be tried for the crime.
A.R.S. § 13-3551 — Arizona Code / Title 13 / Chapter 35.1 / Section 3551
13-3551 Definitions
Status: in_force

13-3551. Definitions

In this chapter, unless the context otherwise requires:

1. "Advertising" or "advertisement" means any message in any medium that offers or solicits any person to engage in sexual conduct in this state.

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

3. "Computer" has the same meaning prescribed in section 13-2301, subsection E.

4. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.

5. "Exploitive exhibition" means the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.

6. "Indistinguishable" means a visual depiction such that a person viewing the depiction would reasonably conclude that the depiction is of an actual minor.

7. "Minor":

(a) Means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified.

(b) Includes a visual depiction that is indistinguishable from an actual minor.

8. "Network" has the same meaning prescribed in section 13-2301, subsection E.

9. "Producing" means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.

10. "Remote computing service" has the same meaning prescribed in section 13-3001.

11. "Sexual conduct" means actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.

(b) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

(c) Sexual bestiality.

(d) Masturbation, for the purpose of sexual stimulation of the viewer.

(e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(f) Defecation or urination for the purpose of sexual stimulation of the viewer.

12. "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.

13. "Visual depiction" includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form, regardless of whether the image is created or modified by means of computer software, artificial intelligence or other digital editing tools, and that is capable of conversion into a visual image.
A.R.S. § 13-3967 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3967
13-3967 Release on bailable offenses before trial; definition
Status: in_force

13-3967. Release on bailable offenses before trial; definition

A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer.

B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:

1. The views of the victim.

2. The nature and circumstances of the offense charged.

3. Whether the accused has a prior arrest or conviction for a serious offense or violent or aggravated felony as defined in section 13-706 or an offense in another state that would be a serious offense or violent or aggravated felony as defined in section 13-706 if committed in this state.

4. Evidence that the accused poses a danger to others in the community.

5. The results of a risk or lethality assessment in a domestic violence charge that is presented to the court.

6. The weight of evidence against the accused.

7. The accused's family ties, employment, financial resources, character and mental condition.

8. The results of any drug test submitted to the court.

9. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title.

10. Whether the accused violated section 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or section 13-3407.01.

11. The length of residence in the community.

12. The accused's record of arrests and convictions.

13. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

14. Whether the accused has entered or remained in the United States illegally.

15. Whether the accused's residence is in this state, in another state or outside the United States.

C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to section 13-3968.

D. After providing notice to the victim pursuant to section 13-4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:

1. Place the person in the custody of a designated person or organization agreeing to supervise him.

2. Place restrictions on the person's travel, associates or place of abode during the period of release.

3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.

4. Prohibit the person from possessing any deadly weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.

5. Require the person to report regularly to and remain under the supervision of an officer of the court.

6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.

E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title or section 13-3212 and who is released on his own recognizance or on bail:

1. Electronic monitoring where available.

2. A condition prohibiting the person from having any contact with the victim.

F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:

1. Issue an appropriate order containing statements of the conditions imposed.

2. Inform the person of the penalties that apply to any violation of the conditions of release.

3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.

4. If the person is charged with a felony or misdemeanor offense listed in section 13-610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this paragraph, the court shall revoke the person's release.

G. At any time after providing notice to the victim pursuant to section 13-4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail.  On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.

H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.

I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.

J. A judicial officer who orders the release of a juvenile who is enrolled in a school and who has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged as an adult pursuant to section 13-501 shall notify the appropriate school on the release of the juvenile from custody.

K. For the purposes of this section and section 13-3968, "judicial officer" means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal.
A.R.S. § 13-3701 — Arizona Code / Title 13 / Chapter 37 / Section 3701
13-3701 Unlawful use of food stamps; classification; definitions
Status: in_force

13-3701. Unlawful use of food stamps; classification; definitions

A. A person commits unlawful use of food stamps if the person knowingly:

1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission or the failure to disclose a change in circumstances or by any other fraudulent device.

2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards.

3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee.

4. Buys, sells, transfers, acquires or redeems food stamps, or eligible food purchased with food stamps, in exchange for cash or consideration other than eligible food.

B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6 felony if the value is over one hundred dollars. Unlawful use of food stamps under subsection A, paragraphs 2, 3 and 4 is a class 5 felony.

C. For the purposes of this section:

1. "Eligible food" means any of the following:

(a) Any food or food product that is intended for human consumption except alcoholic beverages, tobacco and hot foods and hot food products that are prepared for immediate consumption.

(b) Seeds and plants to grow foods for the personal consumption of an eligible household.

(c) Meals that are prepared and delivered by an authorized meal delivery service to a household that is eligible to use coupons to purchase delivered meals or meals that are served by an authorized communal dining facility for the elderly or for a supplemental security income household, or both, to a household that is eligible to use coupons for communal dining.

(d) Meals that are prepared and served by a drug addict or alcoholic treatment and rehabilitation center to narcotic addicts or alcoholics and the children who live with the narcotic addict or alcoholic.

(e) Meals that are prepared and served by a group living arrangement facility to residents who are blind or who have a disability.

(f) Meals that are prepared and served by a shelter for battered women and children to the shelter's eligible residents.

(g) Meals that are prepared for and served by an authorized public or private nonprofit establishment, including a soup kitchen or temporary shelter, that is approved by an appropriate state or local agency and that feeds homeless persons.

(h) Meals that are prepared by a restaurant that contracts with an appropriate state agency to serve meals at low or reduced prices to homeless persons and households in which all persons are elderly or disabled.

2. "Food stamps" includes food stamp coupons and electronically transferred supplemental nutrition assistance program benefits.
A.R.S. § 13-4128 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4128
13-4128 Return to writ
Status: in_force

13-4128. Return to writ

A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party in his custody or under his power or restraint and if so, by what authority, and the cause of such imprisonment or restraint, setting forth such authority and cause in detail.

B. If the party is restrained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge on the hearing of the return.

C. If the person upon whom the writ is served has had the party in his custody or under his power or restraint any time prior or subsequent to the date of the writ of habeas corpus, but has transferred the custody or restraint to another, the return shall state particularly at what time and place, for what reason and by what authority the transfer was made.

D. The return shall be signed by the person making it, and, except when such person is a public officer who has taken the oath of office and makes the return in his official capacity, it shall be verified by his oath or affirmation.
A.R.S. § 13-4032 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4032
13-4032 Appeal by state
Status: in_force

13-4032. Appeal by state

An appeal may be taken by the state from:

1. An order dismissing an indictment, information or complaint or count of an indictment, information or complaint.

2. An order granting a new trial.

3. A ruling on a question of law adverse to the state when the defendant was convicted and appeals from the judgment.

4. An order made after judgment affecting the substantial rights of the state or a victim, except that the state shall only take an appeal on an order affecting the substantial rights of a victim at the victim's request.

5. A sentence on the grounds that it is illegal, or if the sentence imposed is other than the presumptive sentence authorized by section 13-702, section 13-703, section 13-704 or section 13-706, subsection A.

6. An order granting a motion to suppress the use of evidence.

7. A judgment of acquittal of one or more offenses charged in an indictment, information or complaint or count of an indictment, information or complaint that is entered after a verdict of guilty on the offense or offenses.
A.R.S. § 13-1202 — Arizona Code / Title 13 / Chapter 12 / Section 1202
13-1202 Threatening or intimidating; classification
Status: in_force

13-1202. Threatening or intimidating; classification

A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:

1. To cause physical injury to another person or serious damage to the property of another; or

2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or

3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.

B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:

1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.

2. The person is a criminal street gang member.

C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.
A.R.S. § 13-2910.08 — Arizona Code / Title 13 / Chapter 29 / Section 2910.08
13-2910.08 The humane treatment of farm animals fund
Status: in_force

13-2910.08. The humane treatment of farm animals fund

(Conditionally Eff.  Caution: 1998 Prop. 105 applies)

The "humane treatment of farm animals fund" is hereby established to be administered by the attorney general under the conditions and for the purposes provided by this section.  Upon receipt, the attorney general shall deposit in the fund any monies received for the state as a result of enforcement of the humane treatment of farm animals act and any monies received by the attorney general as a money donation to the fund from any public or private group, society, association or individual.  The monies in the fund shall be used only for mandatory expenditures, if any, required by the humane treatment of farm animals act and administration of the fund. Monies in the fund are not subject to legislative appropriation.  The fund is exempt from statutory provisions relating to lapsing of appropriations and shall not revert to the general fund.
A.R.S. § 13-4065 — Arizona Code / Title 13 / Chapter 38 / Article 20 / Section 4065
13-4065 Prohibition on psychological or psychiatric examination to determine credibility
Status: in_force

13-4065. Prohibition on psychological or psychiatric examination to determine credibility

Except on agreement of the parties or as provided in section 13-3993 or 13-4000, the court shall not order an adult or child victim or witness in a prosecution for any offense in violation of chapter 14 of this title, a dangerous crime against children in the first or second degree or child abuse to submit to a psychological or psychiatric examination for the purpose of assessing the witness' or victim's credibility.
A.R.S. § 13-3407 — Arizona Code / Title 13 / Chapter 34 / Section 3407
13-3407 Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification
Status: in_force

13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale.

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

4. Manufacture a dangerous drug.

5. Administer a dangerous drug to another person.

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

7. 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 a dangerous drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.

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

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.

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

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

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

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

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

D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced as follows:

Minimum Presumptive               Maximum

5 calendar years  10 calendar years       15 calendar years

A person who has previously been convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section involving methamphetamine or section 13-3407.01 shall be sentenced as follows:

Minimum       Presumptive               Maximum

10 calendar years 15 calendar years       20 calendar years

F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine 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.

G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person's consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person 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.

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

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

J. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

K. The presumptive term imposed pursuant to subsection E of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
A.R.S. § 13-3719 — Arizona Code / Title 13 / Chapter 37 / Section 3719
13-3719 Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions
Status: in_force

13-3719. Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions

A. A person who with the intent to defraud another person of any part of the lawful charge for services that are provided over or by a wireless telecommunications service or wireless telecommunications device, who makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or who attaches any unauthorized device or devices to any cable, wire, microwave or other component of a wireless telecommunications service or wireless telecommunications device, or to any other instrument that is authorized to be attached to a wireless telecommunications service or wireless telecommunications device is guilty of a class 2 misdemeanor.

B. A 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 wireless telecommunications service or wireless telecommunications device without payment of the charge for those services is guilty of a class 6 felony.

C. For the purposes of subsection B 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 wireless telecommunications service or wireless telecommunications device 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 wireless telecommunications services or wireless telecommunications devices without payment of the charge for those services.

D. For the purposes of subsection B, 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.

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:

1. "Wireless telecommunications device" means an instrument, device, machine or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications or any part of an instrument, device, machine or equipment. Wireless telecommunications device includes computer circuits, computer chips, electronic mechanisms or other components that are capable of facilitating the transmission or reception of telephonic, electronic or radio communications.

2. "Wireless telecommunications service" includes any service that is provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by wireless telephone equipment, including cellular telephone, wire, radio electromagnetic, photoelectronic or photo-optical system.
A.R.S. § 13-2906 — Arizona Code / Title 13 / Chapter 29 / Section 2906
13-2906 Obstructing a highway or other public thoroughfare; classification; definition
Status: in_force

13-2906. Obstructing a highway or other public thoroughfare; classification; definition

A. A person commits obstructing a highway or other public thoroughfare if the person, alone or with other persons, does any of the following:

1. Having no legal privilege to do so, recklessly interferes with the passage of any highway or public thoroughfare by creating an unreasonable inconvenience or hazard.

2. Intentionally activates a pedestrian signal on a highway or public thoroughfare if the person's reason for activating the signal is not to cross the highway or public thoroughfare but to do both of the following:

(a) Stop the passage of traffic on the highway or public thoroughfare.

(b) Solicit a driver for a donation or business.

3. After receiving a verbal warning to desist, intentionally interferes with passage on a highway or other public thoroughfare or entrance into a public forum that results in preventing other persons from gaining access to a governmental meeting, a governmental hearing or a political campaign event.

B. Obstructing a highway or other public thoroughfare under:

1. Subsection A, paragraph 3 of this section is a class 1 misdemeanor.

2. Subsection A, paragraph 1 of this section is a class 2 misdemeanor, except that a second or subsequent violation within a period of twenty-four months is a class 1 misdemeanor.

3. Subsection A, paragraph 2 of this section is a class 3 misdemeanor.

C. For the purposes of this section, "public forum" has the same meaning prescribed in section 15-1861.
A.R.S. § 13-2207 — Arizona Code / Title 13 / Chapter 22 / Section 2207
13-2207 Receiving deposits in an insolvent financial institution; classification
Status: in_force

13-2207. Receiving deposits in an insolvent financial institution; classification

A. A person commits receiving deposits in an insolvent financial institution if, as an officer, manager or other person participating in the direction of a financial institution, such person receives or permits the receipt of a deposit, premium payment or investment in the institution in excess of the amount insured by the federal deposit insurance corporation, the federal savings and loan insurance corporation or the national credit union administration knowing that the institution is insolvent.

B. It is a defense to prosecution under this section that the person making the deposit, premium payment or investment was fully informed of the financial condition of the institution.

C. Receiving deposits in an insolvent financial institution is a class 5 felony.
A.R.S. § 13-2908 — Arizona Code / Title 13 / Chapter 29 / Section 2908
13-2908 Criminal nuisance; classification
Status: in_force

13-2908. Criminal nuisance; classification

A. A person commits criminal nuisance:

1. If, by conduct either unlawful in itself or unreasonable under the circumstances, such person recklessly creates or maintains a condition which endangers the safety or health of others.

2. By knowingly conducting or maintaining any premises, place or resort where persons gather for purposes of engaging in unlawful conduct.

B. Criminal nuisance is a class 3 misdemeanor.
A.R.S. § 13-2203 — Arizona Code / Title 13 / Chapter 22 / Section 2203
13-2203 False advertising; classification
Status: in_force

13-2203. False advertising; classification

A. A person commits false advertising if, in connection with the promotion of the sale of property or services, such person recklessly causes to be made or makes a false or misleading statement in any advertisement.

B. False advertising is a class 1 misdemeanor.
A.R.S. § 13-4405 — Arizona Code / Title 13 / Chapter 40 / Section 4405
13-4405 Information provided to victim by law enforcement agencies
Status: in_force

13-4405. Information provided to victim by law enforcement agencies

A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency that has responsibility for investigating the criminal offense shall provide electronic forms, pamphlets, information cards or other materials to the victim:

1. That allow the victim to request or waive applicable rights to which the victim is entitled, on request, under this article.

2. That provide the victim a method to designate a lawful representative if the victim chooses pursuant to section 13-4403, subsection A or section 13-4404.

3. That provide notice to the victim of all of the following information:

(a) The victim's right under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, to be treated with fairness, respect and dignity and to be free of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and medical services and, where applicable, that medical expenses arising out of the need to secure evidence may be reimbursed pursuant to section 13-1414.

(c) In cases of domestic violence, the procedures and resources available to protect the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and private victim assistance programs, including the county victim compensation program and programs that provide counseling, treatment and other support services.

(e) The police report number, if available, other identifying case information and the following statement:

If within thirty days you are not notified of an arrest in your case, you may call (the law enforcement agency's telephone number) for the status of the case.

(f) Whether the suspect is an adult or juvenile, a statement that the victim will be notified by the law enforcement agency at the earliest opportunity after the arrest of a suspect.

(g) If the suspect is an adult and has been arrested, the victim's right, on request, to be informed of the suspect's release, of the next regularly scheduled time, place and date for initial appearances in the jurisdiction and of the victim's right to be heard at the initial appearance and that, to exercise these rights, the victim is advised to contact the custodial agency regarding the suspect's release and to contact the court regarding any changes to the initial appearance schedule.

(h) If the victim chooses to exercise the right to be heard through a written statement, how that statement may be submitted to the court.

(i) That the victim or the immediate family member of the victim, if the victim is killed or incapacitated, has the right to receive one copy of the police report, including any supplements to the report, audio recordings and video recordings from the investigating law enforcement agency section 39-127.

B. If at the time of contact with a law enforcement agency the victim is physically or emotionally unable to request or waive applicable rights, the law enforcement agency shall designate this in the format that is authorized by subsection A of this section and the entities that may be subsequently affected shall presume that the victim invoked the victim's right to request applicable rights to which the victim is entitled, on request, unless the victim later waives those rights.

C. The law enforcement agency shall submit a copy of the victim's request or waiver of preconviction rights form to the custodial agency and a copy to the prosecutor if a suspect is arrested, at the time the suspect is taken into custody. If there is no arrest, the form copies shall be submitted to the prosecutor at the time the case is otherwise presented to the prosecutor for review. The prosecutor shall submit a copy of the victim's request or waiver of preconviction rights form to the departments or sections of the prosecutor's office, if applicable, that are mandated by this article to provide victims' rights services on request.

D. If the suspected offender is cited and released, the law enforcement agency responsible for investigating the offense shall inform the victim of the court date and how to obtain additional information about the subsequent criminal proceedings.

E. Law enforcement agencies within a county may establish different procedures designed to efficiently and effectively provide notice of the victim's rights pursuant to this section and notice to affected entities of the victim request or waiver information. If different procedures are established, the procedures shall:

1. Be reported to the entities within a county affected by the procedures and reported to the attorney general.

2. Be designed so that custodial agencies and prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights at the same time that an adult suspect is arrested.

3. Be designed so that prosecutors within a county receive notice of the victim's request or waiver of the victim's preconviction rights, if there is no arrest, at the same time that the case is otherwise presented to the prosecutor for review.

4. Provide that the notice to affected entities of a victim's request or waiver of the victim's preconviction rights includes information that affords the affected entity the ability to contact the victim.

5. Be supported by use of electronic forms, brochures or other written materials that are developed by the law enforcement agencies within a county and reviewed by the attorney general pursuant to section 13-4417, subsection B.

F. If a suspect has not been arrested at the time of contact with the victim pursuant to subsection A of this section, the law enforcement agency that is responsible for investigating the offense shall notify the victim of the arrest of a suspect at the earliest opportunity after the arrest and of the time, place and date for the initial appearance.
A.R.S. § 13-3202 — Arizona Code / Title 13 / Chapter 32 / Section 3202
13-3202 Procurement by false pretenses of person for purpose of prostitution; classification
Status: in_force

13-3202. Procurement by false pretenses of person for purpose of prostitution; classification

A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person, is guilty of a class 6 felony.
A.R.S. § 13-3999 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3999
13-3999 Hearing on expiration of jurisdiction
Status: in_force

13-3999. Hearing on expiration of jurisdiction

A. At least thirty days before the expiration of jurisdiction over a person pursuant to section 13-502, the court shall set an expiration hearing and order the treatment supervisor to provide to the court and the parties a mental health report. The mental health report must include an evaluation of whether the person may be a danger to self or others or has a persistent and acute or grave disability and whether the person meets the criteria for involuntary hospitalization pursuant to title 36, chapter 5.

B. At an expiration hearing and based on the evidence presented, the court may allow jurisdiction to expire without further action or may order the county attorney of the committing county to begin proceedings for court-ordered evaluation pursuant to title 36, chapter 5.

C. If the court orders an evaluation for a person who resides in the community, the order must require the person's appearance at a specified time and location and participation in the evaluation before the expiration of jurisdiction. The treatment supervisor shall assist the person with securing transportation to the location of the evaluation.

D. If the court orders an evaluation for a person who resides in a secure mental health facility, the court must order the sheriff of the committing county to transport the person at a specified time and location so that the person may participate in the evaluation before the expiration of supervisory jurisdiction over the person.
A.R.S. § 13-107 — Arizona Code / Title 13 / Chapter 1 / Section 107
13-107 Time limitations
Status: in_force

13-107. Time limitations

A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, 13-2308.03 or 13-3212, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.

B. Except as otherwise provided in this section and sections 28-672, 28-1381 and 28-1382, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

1. For a class 2 through a class 6 felony, seven years.

2. For a misdemeanor, one year.

3. For a petty offense, six months.

C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.

D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.

E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.

F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.

G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
A.R.S. § 13-3623.01 — Arizona Code / Title 13 / Chapter 36 / Section 3623.01
13-3623.01 Safe haven for newborn infants; definitions
Status: in_force

13-3623.01. Safe haven for newborn infants; definitions

A. A person is not guilty of abuse of a child pursuant to section 13-3623, subsection B solely for leaving an unharmed newborn infant with a safe haven provider.

B. A fire station and a health care institution that is classified by the department of health services pursuant to section 36-405 as a general hospital or a rural general hospital shall post a notice that it accepts a newborn infant pursuant to this section.  The notice shall be placed on the exterior of the building in a location that is noticeable to the public.  The words "baby safe haven" shall be printed in bold-faced capital letters that are not less than two inches in height. The notice may include an identifying logo.  A fire station or hospital that does not post a notice as prescribed by this subsection is not subject to civil liability.  A notice that is valid before September 30, 2009 remains valid after September 30, 2009.

C. If a parent or agent of a parent voluntarily delivers the parent's newborn infant to a safe haven provider, the safe haven provider shall take custody of the newborn infant if both of the following are true:

1. The parent did not express an intent to return for the newborn infant.

2. The safe haven provider reasonably believes that the child is a newborn infant.

D. The safe haven provider shall comply with the requirements of section 8-528 and report the receipt of a newborn infant to the department of child safety as soon as practicable after taking custody of the newborn infant.  The department shall report the number of newborn infants delivered to safe haven providers pursuant to section 8-526.

E. A parent or agent of a parent who leaves a newborn infant with a safe haven provider may remain anonymous, and the safe haven provider shall not require the parent or agent to answer any questions. A safe haven provider shall offer written information about information and referral organizations.

F. A safe haven provider who receives a newborn infant pursuant to this section is not liable for any civil or other damages for any act or omission by the safe haven provider in maintaining custody of the newborn infant if the safe haven provider acts in good faith without gross negligence.

G. This section does not preclude the prosecution of the person for any offense based on any act not covered by this section.

H. For the purposes of this section:

1. "Newborn infant" means an infant who is thirty days old or younger.

2. "Safe haven provider" means any of the following:

(a) A firefighter who is on duty.

(b) An emergency medical technician who is on duty.

(c) A health care institution that is classified by the department of health services pursuant to section 36-405 as a general hospital or a rural general hospital.  The parent or agent must deliver the newborn infant to a medical staff member at the health care institution.

(d) A staff member or volunteer at any of the following that posts a public notice that it is willing to accept a newborn infant pursuant to this section:

(i) A private child welfare agency licensed pursuant to title 8, chapter 4, article 4.

(ii) An adoption agency licensed pursuant to section 8-126.

(iii) A church.  For the purposes of this item, "church" means a building that is erected or converted for use as a church, where services are regularly convened, that is used primarily for religious worship and schooling and that a reasonable person would conclude is a church by reason of design, signs or architectural or other features.
A.R.S. § 13-2928 — Arizona Code / Title 13 / Chapter 29 / Section 2928
13-2928 Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions
Status: in_force

13-2928. Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions

A. It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

B. It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

C. It is unlawful for a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.

D. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or Arizona Constitution.

E. In the enforcement of this section, an alien's immigration status may be determined by:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

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

G. For the purposes of this section:

1. "Solicit" means verbal or nonverbal communication by a gesture or a nod that would indicate to a reasonable person that a person is willing to be employed.

2. "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).
A.R.S. § 13-420 — Arizona Code / Title 13 / Chapter 4 / Section 420
13-420 Attorney fees; costs
Status: in_force

13-420. Attorney fees; costs

The court shall award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any civil action based on conduct otherwise justified pursuant to this chapter if the defendant prevails in the civil action.
A.R.S. § 13-3870 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3870
13-3870 Executive agreements
Status: in_force

13-3870. Executive agreements

A. If this state wishes to obtain custody of a person charged in this state with a criminal offense and the person was convicted or is imprisoned or held under criminal proceedings then pending against him in another state, the governor of this state and the executive authority of the other state may agree on the extradition of the person before the criminal proceedings against the person have terminated or the person's sentence has been served in the other state.

B. Any executive agreement entered into pursuant to subsection A of this section shall be conditioned on the return of the person to the other state at this state's expense as soon as the prosecution in this state is terminated, unless the person is sentenced to death under the laws of this state.

C. On demand of the executive authority of another state the governor may surrender a person in this state who was returned to this state pursuant to section 13-3863 and who has been charged with a criminal offense in the demanding state. The person may be surrendered even if the person left the demanding state involuntarily.
A.R.S. § 13-5001 — Arizona Code / Title 13 / Chapter 46 / Section 5001
13-5001 Definitions
Status: in_force

13-5001. Definitions

In this chapter, unless the context otherwise requires:

1. "Enter" means the intrusion of any part of any instrument or any part of a person's body inside of a military reservation or facility or a structure or fenced yard of a military reservation or facility.

2. "Entering or remaining unlawfully" means an act by a person who enters or remains in or on a military reservation or facility or a structure or fenced yard of a military reservation or facility if that person's intent for entering or remaining is not authorized or otherwise privileged.

3. "Military reservation or facility" means any land or facility that is owned or leased by or designated to the Arizona national guard.

4. "Structure or fenced yard" means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a military reservation or facility and that is posted with signage indicating it is a felony to trespass.
A.R.S. § 13-402 — Arizona Code / Title 13 / Chapter 4 / Section 402
13-402 Justification; execution of public duty
Status: in_force

13-402. Justification; execution of public duty

A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.

B. The justification afforded by subsection A also applies if:

1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
A.R.S. § 13-3419 — Arizona Code / Title 13 / Chapter 34 / Section 3419
13-3419 Multiple drug offenses not committed on the same occasion; sentencing
Status: in_force

13-3419. Multiple drug offenses not committed on the same occasion; sentencing

A. Except for a person convicted of possession offenses pursuant to section 13-3405, subsection A, paragraph 1, section 13-3407, subsection A, paragraph 1 or section 13-3408, subsection A, paragraph 1, a person who is convicted of two or more offenses under this chapter that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions shall be sentenced for the second or subsequent offense pursuant to this section.  The person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted, except that a person sentenced pursuant to paragraph 1 of this subsection shall be eligible for probation.  The presumptive term for paragraph 1, 2, 3 or 4 of this subsection may be aggravated under this section pursuant to section 13-701, subsections C and D.  The presumptive term for paragraph 1, 2 or 3 of this subsection may be mitigated within the range under this section pursuant to section 13-701, subsections C and E.  The terms are as follows:

1. For two offenses for which the aggregate amount of drugs involved in one offense or both of the offenses is less than the statutory threshold amount for the second offense:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

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

Class 3     1.8 years   2.5 years   3.5 years   7 years     8.7 years

Class 4     1.1 years   1.5 years   2.5 years   3 years     3.7 years

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

2. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses is less than the statutory threshold amount for any offense subsequent to the second offense:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

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

Class 3     1.8 years   2.5 years   3.5 years   7 years     8.7 years

Class 4     1.1 years   1.5 years   2.5 years   3 years     3.7 years

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

3. For two offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for the second offense:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

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

Class 3     1.8 years   2.5 years   3.5 years   7 years     8.7 years

Class 4     1.1 years   1.5 years   2.5 years   3 years     3.7 years

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

4. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for any offense subsequent to the second offense:

Felony  Minimum Presumptive   Maximum      Aggravated

Class 2     4 years     7 years     12 years    15 years

Class 3     2.5 years   5 years     9 years     11.2 years

Class 4     1.5 years   3 years     5 years     6.2 years

Class 5     .75 years   2.5 years   4 years     5 years

B. If the court increases or decreases a sentence pursuant to this section, the court shall state on the record the reasons for the increase or decrease.

C. The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this section.  If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.
A.R.S. § 13-3511 — Arizona Code / Title 13 / Chapter 35 / Section 3511
13-3511 Exemption; broadcasts and telecasts
Status: in_force

13-3511. Exemption; broadcasts and telecasts

The provisions of this chapter shall not apply to broadcasts or telecasts through facilities licensed under the federal communications act or title 9, chapter 5, article 1.1.
A.R.S. § 13-3726 — Arizona Code / Title 13 / Chapter 37 / Section 3726
13-3726 Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition
Status: in_force

13-3726. Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition

A. A person shall not knowingly use the name, portrait or picture of a deceased soldier for the purpose of advertising for the sale of any goods, wares or merchandise or for the solicitation of patronage for any business without having obtained prior consent to the use by the soldier or by the soldier's spouse, immediate family member, trustee if the soldier is a minor or legally designated representative.

B. Any person who is injured by the use of the name, portrait or picture of a deceased soldier in violation of subsection A of this section may bring a civil action against the person who committed the violation pursuant to section 12-761.

C. This section does not apply to the following:

1. The use of a soldier's name, portrait or picture in an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the performance, musical work, play, book, article or film does not itself constitute a commercial advertisement for any goods, wares or merchandise.

2. The use of a soldier's name, portrait or picture for noncommercial purposes, including any news, public affairs or sports broadcast or account.

3. The use of a soldier's name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance.

4. Any promotional materials, advertisements or commercial announcements for a use described in paragraph 1, 2 or 3.

5. The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person who may enforce the soldier's rights and remedies.

6. A soldier's picture or portrait that is not facially identifiable.

7. A photograph of a monument or a memorial that is placed on any goods, wares or merchandise.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section, "soldier" means any active duty member or former member of the armed forces of the United States, including any member who was killed in the line of duty.
A.R.S. § 13-304 — Arizona Code / Title 13 / Chapter 3 / Section 304
13-304 Nondefenses to criminal liability based upon conduct of another
Status: in_force

13-304. Nondefenses to criminal liability based upon conduct of another

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under section 13-303 or pursuant to section 13-1003, it is no defense that:

1. The other person has not been prosecuted for or convicted of such offense, or has been acquitted of such offense, or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction for such offense; or

2. The accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.
A.R.S. § 13-1426 — Arizona Code / Title 13 / Chapter 14 / Section 1426
13-1426 Sexual assault investigations; collected biological evidence testing; definitions
Status: in_force

13-1426. Sexual assault investigations; collected biological evidence testing; definitions

A. A health care facility that obtains written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency that has jurisdiction in that portion of the local unit of government in which the health care facility is located within forty-eight hours after the sexual assault kit evidence collection.

B. A law enforcement agency that receives notice pursuant to subsection A of this section must take possession of the sexual assault kit evidence from the health care facility within five business days after notification.

C. The investigating law enforcement agency must submit the sexual assault kit evidence to a public accredited crime laboratory for forensic analysis within fifteen business days after its receipt in all cases in which a victim reports to law enforcement and law enforcement determines that a crime occurred.

D. All sexual assault examination kits that are submitted for analysis must be analyzed as soon as practicable if sufficient personnel and resources are available.

E. The public accredited crime laboratory shall ensure that all eligible DNA profiles are uploaded into:

1. Databases that are maintained by the state law enforcement agency, if the DNA profile meets the requirements of the state database comparison policies.

2. Databases that are maintained by municipal law enforcement agencies, if the DNA profile meets the requirements of the municipal crime laboratory comparison policies.

3. The combined DNA index system database established by the federal bureau of investigation, if the DNA profile meets the requirements of the bureau's comparison policies.

F. A public accredited crime laboratory may contract with a private accredited crime laboratory, as appropriate, to perform the analysis that is required by this section, subject to the necessary quality assurance reviews by the public accredited crime laboratory.

G. The failure of a law enforcement agency to submit a request for analysis within the time limits prescribed by this section does not constitute grounds in any criminal or civil proceeding to challenge the validity of a DNA evidence association and a court may not exclude any evidence obtained from the sexual assault examination kit on those grounds.

H. A person who is accused or convicted of committing a crime against a victim does not have standing to object to any failure to comply with this section and such failure is not grounds for setting aside a conviction or sentence.

I. This section does not establish a private right of action or claim on the part of any individual, entity or agency against any law enforcement agency or any contractor of a law enforcement agency.

J. For the purposes of this section:

1. "Law enforcement agency" means the police department of any state, county, municipality or postsecondary educational institution or for any agency that has an agreement in place for evidence analysis.

2. "Public accredited crime laboratory" means a crime laboratory that is established pursuant to section 41-1771 or a municipal crime laboratory.
A.R.S. § 13-3607 — Arizona Code / Title 13 / Chapter 36 / Section 3607
13-3607 Marrying spouse of another; classification
Status: in_force

13-3607. Marrying spouse of another; classification

A person who knowingly marries the spouse of another, in any case in which such spouse would be guilty of bigamy, is guilty of a class 5 felony.
A.R.S. § 13-1406 — Arizona Code / Title 13 / Chapter 14 / Section 1406
13-1406 Sexual assault; classification; increased punishment
Status: in_force

13-1406. Sexual assault; classification; increased punishment

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.  If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705.  The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E.  If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years.  The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable.  The term for a first offense is as follows:

Minimum Presumptive   Maximum

5.25 years  7 years     14 years

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

Minimum Presumptive   Maximum

7 years      10.5 years  21 years

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

Minimum Presumptive   Maximum

14 years    15.75 years 28 years

C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time.

D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted.  If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705.
A.R.S. § 13-4408 — Arizona Code / Title 13 / Chapter 40 / Section 4408
13-4408 Pretrial notice
Status: in_force

13-4408. Pretrial notice

A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has been served a summons, the prosecutor's office shall give the victim notice of the following:

1. The victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation and court rule.

2. The charge or charges against the defendant and a clear and concise statement of the procedural steps involved in a criminal prosecution.

3. The procedures a victim shall follow to invoke the victim's right to confer with the prosecuting attorney pursuant to section 13-4419.

4. The person within the prosecutor's office to contact for more information.

5. The victim's right to request a preconviction restitution lien pursuant to section 13-806.

B. Notwithstanding subsection A of this section, if a prosecutor declines to proceed with a prosecution after the final submission of a case by a law enforcement agency at the end of an investigation, the prosecutor, before the decision not to proceed is final, shall notify the victim, whose information has been provided to the prosecutor pursuant to section 13-4405, and provide the victim with the reasons for declining to proceed with the case. The notice shall inform the victim of the victim's right on request to confer with the prosecutor before the decision not to proceed is final. This notice applies only to violations of a state criminal statute.
A.R.S. § 13-3455 — Arizona Code / Title 13 / Chapter 34.1 / Section 3455
13-3455 Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification
Status: in_force

13-3455. Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification

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

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

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

D. A person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.
A.R.S. § 13-1207 — Arizona Code / Title 13 / Chapter 12 / Section 1207
13-1207 Prisoners who commit assault with intent to incite to riot or participate in riot; classification
Status: in_force

13-1207. Prisoners who commit assault with intent to incite to riot or participate in riot; classification

A. A person, while in the custody of the state department of corrections or a county or city jail, who commits assault on another person with the intent to incite to riot or who participates in a riot is guilty of a class 2 felony.

B. A person who is convicted of a violation of this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted and the sentence shall be consecutive to any other sentence presently being served by the convicted person.
A.R.S. § 13-3018 — Arizona Code / Title 13 / Chapter 30 / Section 3018
13-3018 Communication service records; subpoenas; application; certification; definition
Status: in_force

13-3018. Communication service records; subpoenas; application; certification; definition

A. This section applies to all communication service providers that do business in this state or that furnish communication services to persons within this state.

B. The prosecutor may issue a subpoena duces tecum to a communication service provider in order to obtain communication service records in connection with a criminal investigation or prosecution for any offense in which a prosecutor suspects that a computer or network was used.  This subsection does not prevent the prosecutor from obtaining a grand jury subpoena duces tecum.

C. The prosecutor who issues a subpoena pursuant to this section shall certify in the body of the subpoena that the information likely to be obtained is relevant to an ongoing criminal investigation.

D. An authorized representative of a communication service provider may certify communication service records that are obtained by subpoena if all of the following apply:

1. The records are the regular communication service records that are used and kept by the communication service provider.

2. The records are made at or near the time the underlying communications occur in the ordinary course of business.

3. The authorized representative certifies that the record produced in response to the subpoena is an accurate copy of the communication service provider records.

E. Certified communication service records that are obtained by subpoena may be introduced in evidence at a hearing or trial and constitute prima facie evidence of the facts contained in the records.

F. If a certification of communication service provider records is acknowledged by any notary or other officer who is authorized by law to take acknowledgments, the certification shall be received in evidence without further proof of its authenticity.

G. For the purposes of this section, "communication service records" includes subscriber information, including name, billing or installation address, length of service, payment method, telephone number, electronic account identification and associated screen names, toll bills or access logs, records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided, such as caller identification, automatic number identification, voice mail, electronic mail, paging or other service features.  Communication service records do not include the content of any stored oral, wire or electronic communication.
A.R.S. § 13-3614 — Arizona Code / Title 13 / Chapter 36 / Section 3614
13-3614 Proof of guilt
Status: in_force

13-3614. Proof of guilt

In order to find a person guilty of violating the provisions of section 13-3613, it is not necessary to prove that the child has actually become dependent or delinquent, if it appears from the evidence that through any act of neglect or omission of duty, or by any improper act or conduct on the part of such person the dependency or delinquency of a child may have been caused or merely encouraged.
A.R.S. § 13-1503 — Arizona Code / Title 13 / Chapter 15 / Section 1503
13-1503 Criminal trespass in the second degree; classification
Status: in_force

13-1503. Criminal trespass in the second degree; classification

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.
A.R.S. § 13-1808 — Arizona Code / Title 13 / Chapter 18 / Section 1808
13-1808 Presumptions relating to issuing a bad check; proof of presentation; nonpayment; protest; notice
Status: in_force

13-1808. Presumptions relating to issuing a bad check; proof of presentation; nonpayment; protest; notice

A. For the purposes of this chapter, the issuer's knowledge of insufficient funds may be presumed if either:

1. The issuer had no account or a closed account with the bank or other drawee at the time the issuer issued the check.

2. Payment was refused by the bank or other drawee for lack of funds on presentation within thirty days after issue and the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve days after receiving notice of that refusal.

B. If a person obtained property or secured performance of services by issuing or passing a check when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks then outstanding, the person's intent to deprive the owner of property or to avoid payment for service under section 13-1802 may be presumed if either:

1. The issuer had no account or a closed account with the bank or other drawee at the time the issuer issued the check.

2. Payment was refused by the bank or other drawee for lack of funds on presentation within thirty days after issue and the issuer failed to pay the holder in full the amount due on the check, together with reasonable costs, within twelve days after receiving notice of that refusal.

C. Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence.

D. Notice may be actual notice or notice in writing that is sent by registered or certified mail, return receipt requested, or by regular mail that is supported by an affidavit of service by mailing. Written notice shall be addressed to the issuer at the issuer's address shown on any of the following:

1. The check.

2. The records of the bank or other drawee.

3. The records of the person to whom the check is issued or passed.

E. The form of notice shall be substantially as follows:

Notice of dishonored check

Date:___________________________________________

Name of issuer:_________________________________

Street address:_________________________________

City and state:_________________________________

You are, according to law, hereby notified that a check or instrument numbered ________, dated ________, 19________, drawn on ______________________ in the amount of ____________________

(bank or other drawee)

and payable to ___________________________ has been dishonored.

Pursuant to Arizona law, you have twelve days from receipt of this notice to pay or tender to_________________ the full amount

(holder)

of the check or instrument, together with all reasonable costs and protest fees of ___________, the total amount due being __________________. Unless this amount is paid in full within the specified time above, the holder of the check or instrument may turn over the dishonored check or instrument and all other available information relating to this incident to the county attorney for criminal prosecution.

F. If written notice is given in accordance with this section, it is presumed that the notice was received no later than five days after it was sent.
A.R.S. § 13-1815 — Arizona Code / Title 13 / Chapter 18 / Section 1815
13-1815 Unlawful use of power of attorney; classification
Status: in_force

13-1815. Unlawful use of power of attorney; classification

A. An agent who holds a principal's power of attorney pursuant to title 14, chapter 5, article 5 and who uses or manages the principal's assets or property with the intent to unlawfully deprive that person of the asset or property is guilty of theft.

B. A violation of this section carries the same classification as theft pursuant to section 13-1802.
A.R.S. § 13-3893 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3893
13-3893 Right to break door or window to effect release
Status: in_force

13-3893. Right to break door or window to effect release

When an officer or private person has entered a building in accordance with the provisions of section 13-3891 or 13-3892, he may break open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself.
A.R.S. § 13-4281 — Arizona Code / Title 13 / Chapter 38 / Article 33 / Section 4281
13-4281 Animal seizure; notification; forfeiture; bond; hearing; exceptions
Status: in_force

13-4281. Animal seizure; notification; forfeiture; bond; hearing; exceptions

A. A peace officer, county enforcement agent or animal control officer who lawfully seizes an animal pursuant to section 13-2910 shall affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice of seizure to the owner or keeper of the animal, if known or ascertainable after reasonable investigation.  The officer or agent shall file proof of service with the court.  If it is determined that the suffering of the animal does not require humane destruction, the notice shall include the following:

1. The name, business address and telephone number of the person providing the notice.

2. A description of the seized animal.

3. The authority and purpose for the seizure, including the time, place and circumstance under which the animal was seized.

4. A statement that in order to receive a postseizure hearing the owner or person authorized to keep the animal, or the owner or person's agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten days, including weekends and holidays, after the date of the notice.

5. A statement that the owner is responsible for the cost of care for an animal that was properly seized and that the owner is required to post a bond in the amount of $500 per animal with the court to defray the cost of care.

6. A warning that if the owner fails to post a bond within ten days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency.

B. On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city magistrate shall set a hearing date within fifteen business days. At the hearing, the seizing agency shall have the burden of establishing by a preponderance of evidence that the animal was subjected to cruel mistreatment, cruel neglect or abandonment in violation of section 13-2910 or will suffer needlessly if humane destruction is delayed.  On this finding, the court may terminate the owner's rights in the animal and transfer the rights to the seizing agency or a designated animal care agency and shall forfeit the bond to pay the expenses incurred for the housing, care and treatment of the animal.  If at the conclusion of the hearing the animal is not forfeited under this section, the court shall order the bond exonerated and returned to the owner.

C. If the owner or person authorized to keep the animal fails to post bond as prescribed by subsection A, paragraph 5 of this section, fails to request a hearing or fails to attend a scheduled hearing, the animal is deemed abandoned and all rights of the owner in the animal are transferred to the seizing agency.

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

1. Activities permitted by or pursuant to title 3.

2. The seizure of an equine pursuant to section 3-1721.

3. A city, town or county that adopts or has adopted an ordinance or resolution providing for bonding and forfeiture of an animal that has suffered cruel mistreatment or cruel neglect if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.
A.R.S. § 13-913 — Arizona Code / Title 13 / Chapter 9 / Section 913
13-913 Definition of intensive probation
Status: in_force

13-913. Definition of intensive probation

In this chapter, unless the context otherwise requires, "intensive probation":

1. Means a program established pursuant to this chapter of highly structured and closely supervised probation that emphasizes individualized intervention for a person who is deemed appropriate for the program pursuant to section 13-914, subsection B.

2. Includes the payment of restitution, if applicable, as required pursuant to section 13-914, subsection F, paragraph 2.
A.R.S. § 13-3864 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3864
13-3864 Payment of account of agent; method as exclusive; classification
Status: in_force

13-3864. Payment of account of agent; method as exclusive; classification

A. When the governor of this state, in the exercise of the authority conferred by law, demands from the executive authority of any other state or foreign country the surrender to the authorities of this state of a fugitive from justice, the accounts of the persons employed by him for that purpose shall be paid by the state upon presentation to the department of administration or the county in which the offense was committed upon presentation of the account to the board of supervisors. If the state or the board of supervisors neglects to pay the claim within thirty days after its presentation, the superior court may, upon petition filed in such court, order the payment of the claim.

B. No compensation, fee or reward shall be paid to or received by a public officer of this state, or other person, for a service rendered in procuring from the governor the demand, the surrender of the fugitive, conveying the fugitive to this state, or detaining him therein, except as provided in this section, and any person receiving or accepting such compensation, fee or reward in violation of the provisions of this section is guilty of a class 2 misdemeanor.
A.R.S. § 13-3558 — Arizona Code / Title 13 / Chapter 35.1 / Section 3558
13-3558 Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification
Status: in_force

13-3558. Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification

A. It is unlawful for an owner, operator or employee to admit a person under the age of eighteen into any business establishment where persons, in the course of their employment expose their genitals or anus or the areola or nipple of the female breast.

B. An owner, operator or employee who admits a person to an establishment without evidence of the person's age as required in section 4-241, subsection A is deemed to have constructive knowledge of the person's age.

C. A person who violates this section is guilty of a class 6 felony.
A.R.S. § 13-1003 — Arizona Code / Title 13 / Chapter 10 / Section 1003
13-1003 Conspiracy; classification
Status: in_force

13-1003. Conspiracy; classification

A. A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit any felony upon the person of another, or to commit an offense under section 13-1508 or 13-1704.

B. If a person guilty of conspiracy, as defined in subsection A of this section, knows or has reason to know that a person with whom such person conspires to commit an offense has conspired with another person or persons to commit the same offense, such person is guilty of conspiring to commit the offense with such other person or persons, whether or not such person knows their identity.

C. A person who conspires to commit a number of offenses is guilty of only one conspiracy if the multiple offenses are the object of the same agreement or relationship and the degree of the conspiracy shall be determined by the most serious offense conspired to.

D. Conspiracy to commit a class 1 felony is punishable by a sentence of life imprisonment without possibility of release on any basis until the service of twenty-five years, otherwise, conspiracy is an offense of the same class as the most serious offense which is the object of or result of the conspiracy.
A.R.S. § 13-3505 — Arizona Code / Title 13 / Chapter 35 / Section 3505
13-3505 Obscene prints and articles; jurisdiction
Status: in_force

13-3505. Obscene prints and articles; jurisdiction

A. The superior court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in subsection B of this section.

B. The county attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an indecent character, which is obscene, lewd, lascivious, filthy, indecent or disgusting, or which contains an article or instrument of indecent or immoral use or purports to be for indecent or immoral use or purpose, or in any other respect defined in section 13-3501, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the superior court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an indecent character, described in this subsection or in section 13-3501.

C. The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issues within ten days after joinder of issue and a decision shall be rendered by the court within ten days of the conclusion of the trial.

D. If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in subsection B of this section and such sheriff shall be directed to seize and destroy such obscene prints and articles.

E. In any action brought as provided in this section, such county attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in subsection C of this section.

F. The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.

G. Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in subsection B of this section, after the service upon him of a summons and complaint in an action brought pursuant to this section is chargeable with knowledge of the contents thereof.
A.R.S. § 13-704 — Arizona Code / Title 13 / Chapter 7 / Section 704
13-704 Dangerous offenders; sentencing
Status: in_force

13-704. Dangerous offenders; sentencing

A. Except as provided in section 13-705, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a felony that is a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony  Minimum Presumptive   Maximum

Class 2     7 years     10.5 years  21 years

Class 3     5 years     7.5 years   15 years

Class 4     4 years     6 years     8 years

Class 5     2 years     3 years     4 years

Class 6     1.5 years   2.25 years  3 years

B. Except as provided in section 13-705, a person who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has one historical prior felony conviction involving a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony  Minimum Presumptive   Maximum

Class 4     8 years     10 years    12 years

Class 5     4 years     5 years     6 years

Class 6     3 years     3.75 years  4.5 years

C. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has two or more historical prior felony convictions involving dangerous offenses shall be sentenced to a term of imprisonment as follows:

Felony  Minimum Presumptive   Maximum

Class 4     12 years    14 years    16 years

Class 5     6 years     7 years     8 years

Class 6     4.5 years   5.25 years  6 years

D. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of a class 2 or 3 felony involving a dangerous offense and who has one historical prior felony conviction that is a class 1, 2 or 3 felony involving a dangerous offense shall be sentenced to a term of imprisonment as follows:

Felony  Minimum Presumptive   Maximum

Class 2     14 years    15.75 years 28 years

Class 3     10 years    11.25 years 20 years

E. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of a class 2 or 3 felony involving a dangerous offense and who has two or more historical prior felony convictions that are class 1, 2 or 3 felonies involving dangerous offenses shall be sentenced to a term of imprisonment as follows:

Felony  Minimum Presumptive   Maximum

Class 2     21 years    28 years    35 years

Class 3     15 years    20 years    25 years

F. A person who is convicted of two or more felony offenses that are dangerous offenses and that were not committed on the same occasion but that are consolidated for trial purposes or that are not historical prior felony convictions shall be sentenced, for the second or subsequent offense, pursuant to this subsection. For a person sentenced pursuant to this subsection, the minimum term prescribed shall be the presumptive term.  If the court increases or decreases a sentence pursuant to this subsection, the court shall state on the record the reasons for the increase or decrease.  The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this subsection. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.  The terms are as follows:

1. For the second dangerous offense:

Increased

Felony   Minimum Maximum Maximum

Class 2      10.5 years  21 years    26.25 years

Class 3     7.5 years   15 years    18.75 years

Class 4     6 years     8 years     10 years

Class 5     3 years     4 years     5 years

Class 6     2.25 years  3 years     3.75 years

2. For any dangerous offense subsequent to the second dangerous felony offense:

Increased

Felony   Minimum Maximum Maximum

Class 2     15.75 years 28 years    35 years

Class 3     11.25 years 20 years    25 years

Class 4     10 years    12 years    15 years

Class 5     5 years     6 years     7.5 years

Class 6     3.75 years  4.5 years   5.6 years

G. A person who is sentenced pursuant to subsection A, B, C, D, E or F of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

H. The presumptive term authorized by this section may be mitigated or aggravated pursuant to the terms of section 13-701, subsections C, D and E.

I. For the purposes of determining the applicability of the penalties provided in subsection A, D or E of this section for second or subsequent class 2 or 3 felonies, the conviction for any felony committed before October 1, 1978 that, if committed after October 1, 1978, could be a dangerous offense under subsection A, D or E of this section may be designated by the state as a prior felony.

J. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for the purposes of subsection A, B, C, D or E of this section.

K. A person who has been convicted in any court outside the jurisdiction of this state of an offense that was punishable by that jurisdiction as a felony is subject to subsection A, B, C, D or E of this section.  A person who has been convicted of an offense punishable as a felony under the provisions of any prior code in this state or the jurisdiction in which the offense was committed is subject to subsection A, B, C, D or E of this section.  A person who has been convicted of a felony weapons possession violation in any court outside the jurisdiction of this state that would not be punishable as a felony under the laws of this state is not subject to this section.

L. The penalties prescribed by this section shall be substituted for the penalties otherwise authorized by law if an allegation of prior conviction is charged in the indictment or information and admitted or found by the court or if an allegation of dangerous offense is charged in the indictment or information and admitted or found by the trier of fact.  The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or provision of law that specifies a later release or completion of the sentence imposed before release.  The court shall allow the allegation of a prior conviction or the allegation of a dangerous offense at any time before the date the case is actually tried unless the allegation is filed fewer than twenty days before the case is actually tried and the court finds on the record that the defendant was in fact prejudiced by the untimely filing and states the reasons for these findings. If the allegation of a prior conviction is filed, the state must make available to the defendant a copy of any material or information obtained concerning the prior conviction.  The charge of prior conviction shall not be read to the jury. For the purposes of this subsection, "substantive offense" means the felony that the trier of fact found beyond a reasonable doubt the defendant committed.  Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the defendant otherwise would be subject.

M. Except as provided in section 13-705 or 13-751, if the victim is an unborn child in the womb at any stage of its development, the defendant shall be sentenced pursuant to this section.
A.R.S. § 13-709 — Arizona Code / Title 13 / Chapter 7 / Section 709
13-709 Offenses committed in school safety zone; sentences; definitions
Status: in_force

13-709. Offenses committed in school safety zone; sentences; definitions

A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety zone is guilty of the same class of felony that the person would otherwise be guilty of if the violation had not occurred within a school safety zone, except that the court may impose a sentence that is one year longer than the minimum, maximum and presumptive sentence for that violation if the person is not a criminal street gang member or up to five years longer than the minimum, maximum and presumptive sentence for that violation if the person is in a position of trust as defined in section 13-1401 and is convicted of an offense listed in section 13-3212 or chapter 14 or 35.1 of this title or the person is a criminal street gang member. The additional sentence imposed under this subsection is in addition to any other enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-706, section 13-708, subsection D or chapter 34 of this title.

B. In addition to any other penalty prescribed by this title, the court may order a person who is subject to subsection A of this section to pay a fine of at least $2,000 and not more than the maximum authorized by chapter 8 of this title.

C. Each school district governing board or its designee, or chief administrative officer in the case of a nonpublic or charter school, may place and maintain permanently affixed signs that are located in a visible manner at the main entrance of each school and that identify the school and its accompanying grounds as a school safety zone. A school may include information regarding the school safety zone boundaries on a sign that identifies the area as a drug free zone and not post separate school safety zone signs.

D. For the purposes of this section:

1. "School" means any public or nonpublic kindergarten program, common school or high school.

2. "School safety zone" means any of the following:

(a) The area within three hundred feet of a school or its accompanying grounds.

(b) Any public property within one thousand feet of a school or its accompanying grounds.

(c) Any school bus.

(d) A bus contracted to transport pupils to any school during the time when the contracted vehicle is transporting pupils on behalf of the school.

(e) A school bus stop.

(f) Any bus stop where school children are awaiting, boarding or exiting a bus contracted to transport pupils to any school.
A.R.S. § 13-409 — Arizona Code / Title 13 / Chapter 4 / Section 409
13-409 Justification; use of physical force in law enforcement
Status: in_force

13-409. Justification; use of physical force in law enforcement

A person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist:

1. A reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape.

2. Such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained.

3. A reasonable person would believe the arrest or detention to be lawful.
A.R.S. § 13-3841 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3841
13-3841 Definitions
Status: in_force

13-3841. Definitions

In this article, unless the context otherwise requires:

1. "Charged with crime", "criminal charge" or "criminal offense" includes any of the following:

(a) A felony or misdemeanor offense.

(b) Escape from confinement or the custody of any of the following:

(i) A law enforcement officer.

(ii) A custodial official.

(iii) A custodial agency.

(iv) A custodial institution.

(c) Being accused on a warrant of violating the terms of federal or state supervision.

(d) Being accused of violating bail or conditions of release.

(e) The conviction of a crime.

(f) Having an unserved remaining criminal sentence.

(g) Being subject to the death penalty on criminal conviction.

2. "Governor" includes any person performing the functions of governor by authority of the law of this state.

3. "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state.

4. "State," when referring to a state other than this state, means any other state or territory, organized or unorganized, of the United States.
A.R.S. § 13-2910.09 — Arizona Code / Title 13 / Chapter 29 / Section 2910.09
13-2910.09 Equine tripping; classification; definitions
Status: in_force

13-2910.09. Equine tripping; classification; definitions

A. A person who knowingly or intentionally trips an equine for entertainment or sport is guilty of a class 1 misdemeanor.

B. A person who is convicted of a first violation of this section:

1. Shall be sentenced to serve not less than forty-eight consecutive hours in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than one thousand dollars.

C. A person who is convicted of a second violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two thousand dollars.

D. A person who is convicted of a third or subsequent violation of this section:

1. Shall be sentenced to serve not less than ninety consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two thousand dollars.

E. This section does not apply to any jumping or steeplechase events, racing, training, branding, show events, calf or steer roping events, bulldogging or steer wrestling events or any other traditional western rodeo events, including barrel racing, bareback or saddled bronc riding or other similar activities or events.

F. For the purposes of this section:

1. "Equine" means a horse, pony, mule, donkey or hinny.

2. "Trips" means knowingly or intentionally causing an equine to lose its balance or fall by use of a wire, pole, stick or rope or any other object or by any other means.
A.R.S. § 13-3725 — Arizona Code / Title 13 / Chapter 37 / Section 3725
13-3725 Interference with monitoring devices; classification
Status: in_force

13-3725. Interference with monitoring devices; classification

A. A person commits interference with monitoring devices by either:

1. Being required to be on electronic monitoring or global position system monitoring and removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring.

2. Assisting any person who is required to be on electronic monitoring or global position system monitoring in removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring.

B. A violation of this section is a class 4 felony.
A.R.S. § 13-3917 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3917
13-3917 Time of service; exception
Status: in_force

13-3917. Time of service; exception

Upon a showing of good cause therefor, the magistrate may, in his discretion insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime. For the purposes of this section night is defined as the period from ten p.m. to six-thirty a.m.
A.R.S. § 13-1604 — Arizona Code / Title 13 / Chapter 16 / Section 1604
13-1604 Aggravated criminal damage; classification
Status: in_force

13-1604. Aggravated criminal damage; classification

A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:

1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose.

2. Defacing or damaging any building, structure or place used as a school or as an educational facility.

3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead.

4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.

B. Aggravated criminal damage is punishable as follows:

1. If the person intentionally or recklessly does any act described in subsection A of this section that causes damage to the property of another in an amount of ten thousand dollars or more, aggravated criminal damage:

(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 4 felony.

(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 3 felony.

2. If the person intentionally or recklessly damages property of another in an amount of one thousand five hundred dollars or more but less than ten thousand dollars, aggravated criminal damage:

(a) Resulting from actions described in subsection A, paragraph 1, 2 or 3 of this section is a class 5 felony.

(b) Resulting from actions described in subsection A, paragraph 4 of this section is a class 4 felony.

3. In all other cases aggravated criminal damage is:

(a) A class 6 felony if it results from actions described in subsection A, paragraph 1, 2 or 3 of this section.

(b) A class 5 felony if it results from actions described in subsection A, paragraph 4 of this section.

C. In determining the amount of damage to property, damages include the cost of repair or replacement of the property that was damaged, the cost of the loss of crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
A.R.S. § 13-2918 — Arizona Code / Title 13 / Chapter 29 / Section 2918
13-2918 Interference with emergency transmission on citizens' band radio frequency; presumption; definition; classification
Status: in_force

13-2918. Interference with emergency transmission on citizens' band radio frequency; presumption; definition; classification

A. It is unlawful for a person to recklessly interrupt, impede or otherwise interfere with the transmission of an emergency communication over a citizens' band radio frequency.

B. A person is presumed to have acted recklessly if he interrupts, impedes or interferes with the transmission of a communication on a channel dedicated to use for emergency communications.

C. As used in this section "emergency" means a situation in which a person is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious physical injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

D. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-3616 — Arizona Code / Title 13 / Chapter 36 / Section 3616
13-3616 Conditions of bond; forfeiture; disposition of proceeds recovered
Status: in_force

13-3616. Conditions of bond; forfeiture; disposition of proceeds recovered

A. A condition of the bond provided in section 13-3615, shall be that it shall not be necessary to bring a separate action to recover the penalty of such bond if forfeited, but that the court may order a citation to issue to the sureties thereon, requiring that they appear at a time named by the court, not less than ten nor more than twenty days from issuance thereof, and show cause why a judgment should not be entered for the penalty of the bond. Upon failure to appear or failure to show sufficient cause, the court shall enter judgment in behalf of the state against the principal and sureties.

B. Any monies collected or paid upon the bond shall be paid to the clerk of the court, and applied first to the payment of all court costs, and then to the care and maintenance of the child in such manner and upon such terms as the court may direct. If the money is unnecessary for such purposes, it shall be paid within one year to the county treasurer.
A.R.S. § 13-712 — Arizona Code / Title 13 / Chapter 7 / Section 712
13-712 Calculation of terms of imprisonment
Status: in_force

13-712. Calculation of terms of imprisonment

A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time.  Otherwise it commences when the defendant becomes actually in custody.

B. All time actually spent in custody pursuant to an offense until the prisoner is sentenced to imprisonment for such offense shall be credited against the term of imprisonment otherwise provided for by this chapter. A person who is found competent to stand trial after an involuntary commitment pursuant to section 13-4521 shall receive credit for all time that the person spent under the jurisdiction of the secure state mental health facility against a term of imprisonment for any of the charges that were the basis for the involuntary commitment.

C. If a sentence of imprisonment is vacated and a new sentence is imposed on the defendant for the same offense, the new sentence is calculated as if it had commenced at the time the vacated sentence was imposed, and all time served under the vacated sentence shall be credited against the new sentence.

D. If a person serving a sentence of imprisonment escapes from custody, the escape interrupts the sentence. The interruption continues until the person is apprehended and confined for the escape or is confined and subject to a detainer for the escape. Time spent in actual custody before return under this subsection shall be credited against the term authorized by law if custody rested on an arrest or surrender for the escape itself, or if the custody arose from an arrest on another charge which culminated in a dismissal or an acquittal, and the person was denied admission to bail pending disposition of that charge because of a warrant lodged against such person arising from the escape.

E. The sentencing court shall include the time of commencement of sentence under subsection A of this section and the computation of time credited against sentence under subsection B, C or D of this section in the original or an amended commitment order, under procedures established by rule of court.
A.R.S. § 13-3418 — Arizona Code / Title 13 / Chapter 34 / Section 3418
13-3418 Ineligibility to receive public benefits; restoration; definition
Status: in_force

13-3418. Ineligibility to receive public benefits; restoration; definition

A. On conviction of any offense in this chapter, the court may render the person who is convicted ineligible to receive any public benefits. The court shall determine the length of time that shall elapse before the person's eligibility is restored.

B. The court shall not deny any public benefit otherwise directly or indirectly available to any innocent person nor shall the court deny any public benefit if such denial is in conflict with the laws of the United States.

C. For the purposes of this section, "public benefits" includes any money or services provided by this state for scholarships or tuition waivers granted for state funded universities or community colleges, welfare benefits, public housing or other subsidies but does not include benefits available for drug abuse treatment, rehabilitation or counseling programs.
A.R.S. § 13-4305 — Arizona Code / Title 13 / Chapter 39 / Section 4305
13-4305 Seizure of property
Status: in_force

13-4305. Seizure of property

A. Property subject to forfeiture under this chapter may be seized for forfeiture by a peace officer:

1. On process issued pursuant to the Arizona rules of civil procedure or this title, including a seizure warrant.

2. By making a seizure for forfeiture on property seized on process issued pursuant to law, including sections 13-3911, 13-3912, 13-3913, 13-3914 and 13-3915.

3. By making a seizure for forfeiture without court process if the officer has probable cause to believe that the property is subject to forfeiture and any of the following is true:

(a) The seizure for forfeiture is of property seized incident to a lawful arrest for a crime or a lawful search.

(b) The property subject to seizure for forfeiture has been the subject of a prior judgment in favor of this state or any other state or the federal government in a forfeiture proceeding.

(c) The peace officer has probable cause to believe that the property is subject to forfeiture and that the delay occasioned by the need to obtain a court order would result in the removal or destruction of the property or otherwise frustrate the seizure.

B. The court shall determine probable cause for seizure before real property may be seized for forfeiture. The court may make its determination ex parte if the state demonstrates that notice and an opportunity to appear would create a risk of harm to the public safety or welfare, including the risk of physical injury or the likelihood of property damage or financial loss.

C. The court shall determine probable cause for seizure before property may be seized for forfeiture as a substitute asset pursuant to section 13-2314, subsection D or E, or pursuant to section 13-4313, subsection A. The court may issue a seizure warrant for such property if it determines that there is probable cause to believe that the property is subject to forfeiture and is not available for seizure for forfeiture for any reason described in section 13-4313, subsection A. The determinations shall be made ex parte unless real property is to be seized and subsection B of this section requires notice and an opportunity to appear.

D. In establishing probable cause for seizure, a rebuttable presumption exists that the property of any person is subject to forfeiture if the state establishes all of the following by clear and convincing evidence:

1. Conduct giving rise to forfeiture occurred.

2. The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period.

3. There is no likely source for the property other than the conduct giving rise to forfeiture.

E. The presence or possession of United States currency, debit cards or credit cards, without other indicia of a crime that subjects property to forfeiture, is insufficient probable cause for seizure of United States currency, debit cards or credit cards.
A.R.S. § 13-3606 — Arizona Code / Title 13 / Chapter 36 / Section 3606
13-3606 Bigamy; classification; exception
Status: in_force

13-3606. Bigamy; classification; exception

A. A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony.

B. Subsection A of this section does not extend to a person whose spouse by the former marriage has been absent for five successive years without being known to such person within that time to be living, nor to any person whose former marriage has been pronounced void, annulled or dissolved by judgment of a competent court.
A.R.S. § 13-2924 — Arizona Code / Title 13 / Chapter 29 / Section 2924
13-2924 Unlawful solicitation of tort victims; classification; definitions
Status: in_force

13-2924. Unlawful solicitation of tort victims; classification; definitions

A. Except as otherwise provided by law, a person commits unlawful solicitation of a tort victim if the person knowingly does any of the following at the scene of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person:

1. Solicits a tort victim if the person receives or expects to receive compensation as a result of the solicitation.

2. Offers or provides compensation to another person for the solicitation of a tort victim.

3. Requests or accepts compensation for the solicitation of a tort victim.

B. This section does not prohibit or restrict any of the following:

1. The solicitation of motor vehicle repair or storage services by a towing company.

2. Police, fire or emergency medical personnel who are engaged in activity which is within the normal scope of duty for their respective occupation or profession.

3. The tort victim from communicating with the tort victim's insurer regarding the investigation of a claim or settlement of any property damage claim.

C. The tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.

D. A person who violates this section is guilty of a class 1 misdemeanor.

E. For the purposes of this section:

1. "Compensation" means the direct or indirect promise or payment of any fee, salary, wage, commission, bonus, rebate, refund, dividend or discount.

2. "Solicit" or "solicitation" means directly or indirectly either:

(a) Touting, promoting, recommending, suggesting or offering services or goods to a tort victim.

(b) Selecting, obtaining or procuring services or goods for a tort victim.

3. "Tort victim" means any of the following:

(a) A person whose property has been damaged as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.

(b) A person who has been injured or killed as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.

(c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident that may result in a civil action, criminal action or claim for tort damages by or against another person.
A.R.S. § 13-3903 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3903
13-3903 Notice to appear and complaint
Status: in_force

13-3903. Notice to appear and complaint

A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section.

B. At any time after taking a person arrested for a misdemeanor offense or a petty offense to a law enforcement facility, the arresting officer, instead of taking the person to a magistrate, may release the person from further custody by use of the procedure prescribed in this section.

C. If a person is arrested for a misdemeanor offense or a petty offense and the offense is listed in section 41-1750, subsection C, the person shall not be released pursuant to this section until the person provides either a fingerprint or a two fingerprint biometric-based identifier to the arresting agency. The arresting agency shall provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting to the arresting agency for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

D. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court, provided:

1. The time specified in the notice to appear is at least five days after arrest.

2. The place specified in the notice shall be the court specified in section 13-3898.

3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer.  The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.

4. The officer, as soon as practical, shall deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.

E. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided by Arizona supreme court rule, but to satisfy the requirements of this section.

F. If a person gives his written promise to appear in court on a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the court clerk or other court staff shall file a complaint, in writing, under oath, charging the defendant with a violation of section 13-2506, subsection A, paragraph 2 and issue a warrant for the defendant's arrest.

G. If the person has not previously been arraigned, on the person's appearance in court for arraignment on the charge of violating section  13-2506, subsection A, paragraph 2, the court shall also arraign the person on the charge stated in the notice to appear and complaint for which the person had previously promised to appear.

H. This section does not affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though the arrested person is released before being taken to the police station or before a magistrate pursuant to this section.
A.R.S. § 13-5002 — Arizona Code / Title 13 / Chapter 46 / Section 5002
13-5002 Criminal trespass on military reservations and facilities; classification
Status: in_force

13-5002. Criminal trespass on military reservations and facilities; classification

A. A person commits criminal trespass on a military reservation or facility by knowingly entering or remaining unlawfully within a structure or fenced yard of a military reservation or facility.

B. Criminal trespass on a military reservation or facility is a class 6 felony.
A.R.S. § 13-4443 — Arizona Code / Title 13 / Chapter 40 / Section 4443
13-4443 Notice of available civil remedies
Status: in_force

13-4443. Notice of available civil remedies

To preserve and protect the rights of crime victims to justice, due process and other rights established for victims, it is the policy of this state that, following the final disposition of any criminal proceeding, the court may notify the victim that civil remedies may be available pursuant to section 12-514, if applicable.
A.R.S. § 13-3717 — Arizona Code / Title 13 / Chapter 37 / Section 3717
13-3717 Unlawful subleasing of motor vehicle; violation; classification; definitions
Status: in_force

13-3717. Unlawful subleasing of motor vehicle; violation; classification; definitions

A. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:

1. The motor vehicle is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement.

2. The person is not a party to the lease contract, retail installment contract or security agreement.

3. The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement to any person who is not a party to the lease contract, retail installment contract or security agreement.

4. The person does not obtain, before the transfer or assignment, written consent to the transfer or assignment from the motor vehicle's lessor, seller or secured party.

5. The person receives compensation or some other consideration for the transfer or assignment.

B. A person engages in an act of unlawful subleasing of a motor vehicle if the person is not a party to the lease contract, retail installment contract or security agreement and assists, causes or arranges an actual or purported transfer or assignment.

C. The actual or purported transfer or assignment, or the assisting, causing or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, retail installment contract or security agreement by an individual who is a party to the lease contract, retail installment contract or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution.

D. This section does not affect the enforceability of any provision of any lease contract, retail installment contract, security agreement or direct loan agreement by any party to the contract or agreement.

E. The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section.

F. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

G. In this section, unless the context otherwise requires:

1. "Buyer" means a person who buys or hires a motor vehicle under a retail installment contract.

2. "Direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by the motor vehicle which the purchaser has purchased.

3. "Lease contract" means a contract for or in contemplation of the lease for the use of a motor vehicle and the purchase of services incidental to the lease by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation.

4. "Lessee" includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.

5. "Lessor" includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.

6. "Motor vehicle" means a motor vehicle which is required to be registered under title 28, chapter 7 and which has a gross weight, as defined in section 28-5431, of ten thousand pounds or less.

7. "Purchaser" has the same meaning prescribed in section 47-1201.

8. "Retail installment contract" has the same meaning prescribed in section 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.

9. "Secured party" has the same meaning prescribed in section 47-9102.

10. "Security agreement" has the same meaning prescribed in section 47-9102.

11. "Security interest" has the same meaning prescribed in section 47-1201.

12. "Seller" means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract.
A.R.S. § 13-3554 — Arizona Code / Title 13 / Chapter 35.1 / Section 3554
13-3554 Luring a minor for sexual exploitation; classification
Status: in_force

13-3554. Luring a minor for sexual exploitation; classification

A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.

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

C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.  A person who is convicted of a violation of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
A.R.S. § 13-4147 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4147
13-4147 Avoidance of command of writ; classification
Status: in_force

13-4147. Avoidance of command of writ; classification

A person having in his custody, or under his restraint or power, any person for whom a writ of habeas corpus has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of his confinement or restraint or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a class 1 misdemeanor.
A.R.S. § 13-3209 — Arizona Code / Title 13 / Chapter 32 / Section 3209
13-3209 Pandering; methods; classification
Status: in_force

13-3209. Pandering; methods; classification

A person is guilty of a class 5 felony who knowingly:

1. Places any person in the charge or custody of any other person for purposes of prostitution.

2. Places any person in a house of prostitution with the intent that such person become a prostitute or engage in an act of prostitution.

3. Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution.

4. Compels, induces or encourages any person to become a prostitute or engage in an act of prostitution.
A.R.S. § 13-912 — Arizona Code / Title 13 / Chapter 9 / Section 912
13-912 Apprenticeship programs; hours; location
Status: in_force

13-912. Apprenticeship programs; hours; location

A probationer who is on standard probation and who is participating in a state or federally recognized apprenticeship program may do both of the following:

1. Work at any hours of the day as long as the probationer remains in good standing with the apprenticeship program.

2. Travel within this state outside of the jurisdiction in which the probationer resides to work in the apprenticeship program.
A.R.S. § 13-3211 — Arizona Code / Title 13 / Chapter 32 / Section 3211
13-3211 Definitions
Status: in_force

13-3211. Definitions

In this chapter, unless the context otherwise requires:

1. "Employee" means a person who conducts lawful or unlawful business for another person under a master-servant relationship or as an independent contractor and who is compensated by wages, commissions, tips or other valuable consideration.

2. "House of prostitution" means any building, structure or place that is used for the purpose of prostitution or lewdness or where acts of prostitution occur.

3. "Operate and maintain" means to organize, design, perpetuate or control.  Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

4. "Oral sexual contact" means oral contact with the penis, vulva or anus.

5. "Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.

6. "Prostitution enterprise" means any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services.

7. "Sadomasochistic abuse" means flagellation or torture by or on a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

8. "Sexual conduct" means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.

9. "Sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast.

10. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object.
A.R.S. § 13-4515 — Arizona Code / Title 13 / Chapter 41 / Section 4515
13-4515 Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions
Status: in_force

13-4515. Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions

A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-708, subsection D or section 13-751 or any section for which a specific sentence is authorized, whichever is less. In making this determination the court shall not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions.

B. The court shall only consider the time a defendant actually spends in a restoration to competency program when calculating the time requirements pursuant to subsection A of this section.

C. The court shall notify the prosecutor, the defense attorney, the medical supervisor and the treating facility if the charges against the defendant are dismissed or if an order is voided by the court. No charges shall be dismissed without a hearing before the dismissal.

D. If a defendant is discharged or released on the expiration of an order or orders issued pursuant to section 13-4512 or 13-4514, the medical supervisor may file a petition stating that the defendant requires further treatment pursuant to title 36, chapter 5, appointment of a guardian pursuant to title 14 or involuntary commitment pursuant to section 13-4521 because the defendant is considered dangerous.
A.R.S. § 13-3458 — Arizona Code / Title 13 / Chapter 34.1 / Section 3458
13-3458 Possession or possession with intent to use an imitation over-the-counter drug; violation; classification
Status: in_force

13-3458. Possession or possession with intent to use an imitation over-the-counter drug; violation; classification

A. It is unlawful for any person to possess or possess with intent to use an imitation over-the-counter drug.

B. A person who violates subsection A by the possession or the possession of with intent to use an imitation over-the-counter drug is guilty of a class 2 misdemeanor.
A.R.S. § 13-4253 — Arizona Code / Title 13 / Chapter 38 / Article 30 / Section 4253
13-4253 Out of court testimony; televised; recorded
Status: in_force

13-4253. Out of court testimony; televised; recorded

A. The court, on motion of the prosecution, may order that the testimony of the minor be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding. Only the attorneys for the defendant and for the state, persons necessary to operate the equipment and any person whose presence would contribute to the welfare and well-being of the minor may be present in the room with the minor during his testimony. Only the attorneys may question the minor. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the minor during his testimony but does not permit the minor to see or hear them. The court shall permit the defendant to observe and hear the testimony of the minor in person but shall ensure that the minor cannot hear or see the defendant.

B. The court, on motion of the prosecution, may order that the testimony of the minor be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact in the proceeding. Only those persons permitted to be present at the taking of testimony under subsection A may be present during the taking of the minor's testimony, and the persons operating the equipment shall be confined from the minor's sight and hearing as provided by subsection A. The court shall permit the defendant to observe and hear the testimony of the minor in person but shall ensure that the minor cannot hear or see the defendant. The court shall also ensure that:

1. The recording is both visual and aural and is recorded on film or videotape or by other electronic means.

2. The recording equipment was capable of making an accurate recording, the operator was competent and the recording is accurate and is not altered.

3. Each voice on the recording is identified.

4. Each party is afforded an opportunity to view the recording before it is shown in the courtroom.

C. If the court orders the testimony of a minor to be taken pursuant to this section, the minor shall not be required to testify in court at the proceeding for which the testimony was taken.
A.R.S. § 13-3621 — Arizona Code / Title 13 / Chapter 36 / Section 3621
13-3621 Hire or use of child under sixteen for public vocation; classification
Status: in_force

13-3621. Hire or use of child under sixteen for public vocation; classification

A person having in his care, custody or control, in any capacity, a child under the age of sixteen years, who knowingly sells, apprentices or otherwise disposes of such child to any person under any name, title or pretense for the purpose of giving a performance, begging or peddling, in a public street or highway, or in any mendicant or wandering business whatsoever, or a person who receives, uses or has in his custody, a child for such purpose, is guilty of a class 2 misdemeanor.
A.R.S. § 13-3973 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3973
13-3973 Failure to appear notification
Status: in_force

13-3973. Failure to appear notification

If a defendant who is released on an appearance bond fails to appear for a required court appearance and the court declares the defendant failed to appear and issues a warrant for the defendant's arrest, the court, pursuant to the time limits established by the Arizona rules of criminal procedure, shall provide notice of the defendant's failure to appear to the surety and the bail bond agent who is responsible for the defendant's appearance.  If the surety or bail bond agent provided an email address at the undertaking of bail, the notice shall be completed by email. If the surety or bail bond agent did not provide an email address, the court shall provide notice at the physical address that is included in the undertaking of bail.
A.R.S. § 13-812 — Arizona Code / Title 13 / Chapter 8 / Section 812
13-812 Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
Status: in_force

13-812. Garnishment for nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs

A. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a petition to revoke probation, the court may issue a writ of criminal garnishment for any fine, surcharge, fee, assessment, restitution or incarceration costs.

B. The court may order garnishment for monies that are owed to a victim or the court, the clerk of the court or the prosecuting attorney pursuant to a court order to pay any fine, surcharge, fee, assessment, restitution or incarceration costs. A writ of criminal garnishment applies to any of the following:

1. The defendant's earnings as defined in section 12-1598.

2. Indebtedness that is owed to a defendant by a garnishee for amounts that are not earnings.

3. Monies that are held by a garnishee on behalf of a defendant.

4. The defendant's personal property that is in the possession of a garnishee.

5. If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a defendant.

6. The defendant's earnings or monies that are held by the state department of corrections while the defendant is in the custody of the department.
A.R.S. § 13-3703 — Arizona Code / Title 13 / Chapter 37 / Section 3703
13-3703 Abuse of venerated objects; classification
Status: in_force

13-3703. Abuse of venerated objects; classification

A. A person commits abuse of venerated objects by intentionally:

1. Desecrating any public monument, memorial or property of a public park; or

2. In any manner likely to provoke immediate physical retaliation:

(a) Exhibiting or displaying, placing or causing to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon a flag or exposing or causing to be exposed to public view a flag upon which there is printed, painted or otherwise produced or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement; or

(b) Exposing to public view, manufacturing, selling, offering to sell, giving or having in possession for any purpose any article of merchandise or receptacle for holding or carrying merchandise upon or to which there is printed, painted, placed or attached any flag in order to advertise, call attention to, decorate, mark or distinguish the article or substance; or

(c) Casting contempt upon, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor upon a flag.

B. The provisions of this section shall not apply to:

1. Any act permitted by a statute of the United States; or

2. Any act permitted by United States military regulations; or

3. Any act where the United States government has granted permission for the use of such flag; or

4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, commission of appointment to office, ornament, picture, badge or stationery on which shall be printed, painted or placed such flag and which is disconnected from any advertisement for the purpose of sale, barter or trade.

C. For the purposes of this section:

1. "Desecrate" means defacing, damaging, polluting or otherwise doing a physical act in a manner likely to provoke immediate physical retaliation.

2. "Flag" means any emblem, banner or other symbol, of any size, composed of any substance or represented on any substance that evidently purports to be the flag of the United States or of this state.

D. Abuse of venerated objects is a class 2 misdemeanor.