A.R.S. § 13-1804 — Arizona Code / Title 13 / Chapter 18 / Section 1804
13-1804 Theft by extortion; classification
Status: in_force

13-1804. Theft by extortion; classification

A. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:

1. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to anyone.

2. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.

3. Cause damage to property.

4. Engage in other conduct constituting an offense.

5. Accuse anyone of a crime or bring criminal charges against anyone.

6. Expose a secret or an asserted fact in a social media message as defined in section 16-901 or in any other manner, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business unless the threat is based on a plausible claim of right to the property or services obtained or sought to be obtained.

7. Take or withhold action as a public servant or cause a public servant to take or withhold action.

8. Cause anyone to part with any property.

9. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur:

(a) The claimant's property interest is the result of a tax lien purchase or foreclosure pursuant to title 42, chapter 18.

(b) The fair market value of the claimant's property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure.  For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.

B. It is a defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section if a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.

C. Theft by extortion is a class 4 felony, except that theft by extortion under subsection A, paragraph 1 of this section is a class 2 felony.
A.R.S. § 13-4104 — Arizona Code / Title 13 / Chapter 38 / Article 24 / Section 4104
13-4104 Attendance of witness; testimony; transmittal
Status: in_force

13-4104. Attendance of witness; testimony; transmittal

A. The attendance of the witness may be enforced by subpoena, issued by the officer before whom the examination is to be taken.

B. The testimony given by the witness shall be reduced to writing and authenticated in the same manner as testimony of a witness taken as provided in taking testimony of witnesses at preliminary examinations.

C. The officer shall seal the deposition and transmit it to the clerk of the court in which the action is pending.
A.R.S. § 13-3915 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3915
13-3915 Issuance; form of warrant; duplicate original warrant; telefacsimile
Status: in_force

13-3915. Issuance; form of warrant; duplicate original warrant; telefacsimile

A. If the magistrate is satisfied that probable cause for the issuance of the warrant exists, the magistrate shall issue a search warrant commanding a search by any peace officer of the person or place specified, for the items described.

B. On a reasonable showing that an announced entry to execute the warrant would endanger the safety of any person or would result in the destruction of any of the items described in the warrant, the magistrate shall authorize an unannounced entry.

C. The warrant shall be in substantially the following form:

County of ___________________, state of Arizona.

To any peace officer in the state of Arizona:

Proof by affidavit having been this day made before me by (naming every person whose affidavit has been taken) there is probable cause for believing that (stating the grounds of the application) according to section 13-3912, you are therefore commanded in the daytime (or in the night, as the case may be, according to section 13-3917) to make a search of (naming persons, buildings, premises or vehicles, describing each with reasonable particularity) for the following property, persons or things: (describing such with reasonable particularity), and if you find such or any part thereof, to retain such in your custody subject to section 13-3920.

Given under my hand or direction and dated _____________ (judge, justice of the peace or magistrate.)

D. The magistrate may orally authorize a peace officer to sign the magistrate's name on a search warrant if the peace officer applying for the warrant is not in the actual physical presence of the magistrate. This warrant shall be called a duplicate original search warrant and shall be deemed a search warrant for the purposes of this chapter. In such cases, the magistrate shall cause to be made an original warrant and shall enter the exact time of issuance of the duplicate original warrant on the face of the original warrant.  Upon the return of the duplicate original warrant, the magistrate shall file the original warrant and the duplicate original warrant as provided in section 13-3923.

E. A magistrate may affix the magistrate's signature on a telefacsimile of an original warrant. The telefacsimile of the original warrant is deemed to be a search warrant for the purposes of this chapter. On return of the telefacsimile of the original warrant, the magistrate shall file the original warrant and the telefacsimile of the original warrant as provided in section 13-3923.
A.R.S. § 13-1809 — Arizona Code / Title 13 / Chapter 18 / Section 1809
13-1809 Jurisdiction; restitution; fees; deferred prosecution
Status: in_force

13-1809. Jurisdiction; restitution; fees; deferred prosecution

A. The county attorney may prosecute any violation of section 13-1807. If the defendant is alleged to have committed multiple violations of section 13-1807 within the same county, the county attorney may file a complaint charging all of the violations that have not previously been filed in the justice of the peace precinct in which the greatest number of violations are alleged to have occurred.

B. A person who is charged with an offense under this chapter may make restitution for the bad checks. Before a conviction, restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. Restitution shall include at a minimum the face amount of the check. The fact that restitution to the party injured is made and that any costs of filing with the county attorney are paid is a mitigating factor in any imposition of punishment for any violation of this chapter. On sentencing, the court may require any person convicted under this chapter to make restitution in an amount not to exceed twice the amount of the dishonored check or $50, whichever is greater, together with all applicable costs and fees. This is in addition to any other punishment imposed under this chapter.

C. A county attorney may collect a fee if the county attorney's office collects and processes a check if the check is issued or passed in a manner that makes the issuance or passing an offense under section 13-1802, 13-1807 or 13-2310 or has been forged under section 13-2002.

D. The county attorney may collect the fee from any person who is a party to an offense described in this section.

E. The amount of the fee for each check shall not exceed:

1. $75 if the face amount of the check does not exceed $100.

2. $100 if the face amount of the check is greater than $100 but does not exceed $300.

3. $125 if the face amount of the check is greater than $300 but does not exceed $1,000.

4. Twenty percent of the face amount of the check if the check is greater than $1,000.

F. If the person from whom the fee is collected was a party to the offense of forgery under section 13-2002 and the offense was committed by altering the face amount of the check, the face amount as altered governs for the purpose of determining the amount of the fee prescribed in subsection E of this section.
A.R.S. § 13-410 — Arizona Code / Title 13 / Chapter 4 / Section 410
13-410 Justification; use of deadly physical force in law enforcement
Status: in_force

13-410. Justification; use of deadly physical force in law enforcement

A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:

1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or

2. A felon who has escaped from lawful confinement; or

3. A felon who is fleeing from justice or resisting arrest with physical force.

B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.

C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:

1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.

2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:

(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.

(b) Is attempting to escape by use of a deadly weapon.

(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.

(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.

D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.
A.R.S. § 13-2907.03 — Arizona Code / Title 13 / Chapter 29 / Section 2907.03
13-2907.03 False reporting of sexual assault involving a spouse; classification
Status: in_force

13-2907.03. False reporting of sexual assault involving a spouse; classification

A person who intentionally makes a false report of sexual assault involving a spouse knowing the report is false or a person who coerces another person to make a false report of sexual assault involving a spouse knowing the report is false is guilty of a class 1 misdemeanor.
A.R.S. § 13-3411 — Arizona Code / Title 13 / Chapter 34 / Section 3411
13-3411 Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation; classification; definitions
Status: in_force

13-3411. Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; violation; classification; definitions

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

1. Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs.

2. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone.

3. Manufacture dangerous drugs in a drug free school zone.

B. A person who violates subsection A of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug free school zone, except that the presumptive, minimum and maximum sentence shall be increased by one year.  The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under section 13-703, section 13-704, section 13-708, subsection D or any provision in this chapter.  A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the 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.

D. Each school district's governing board or its designee, or the chief administrative officer in the case of a nonpublic school, shall place and maintain permanently affixed signs located in a visible manner at the main entrance of each school that identifies the school and its accompanying grounds as a drug free school zone.

E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15.

F. All school personnel who observe a violation of this section shall immediately report the violation to a school administrator. The administrator shall immediately report the violation to a peace officer. It is unlawful for any school personnel or school administrator to fail to report a violation as prescribed in this section.

G. School personnel having custody or control of school records of a student involved in an alleged violation of this section shall make the records available to a peace officer upon written request signed by a magistrate.  Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding. A person furnishing records required under this subsection or a person participating in a judicial or administrative proceeding or investigation resulting from the furnishing of records required under this subsection is immune from civil or criminal liability by reason of such action unless the person acted with malice.

H. A person who violates subsection F of this section is guilty of a class 3 misdemeanor.

I. For the purposes of this section:

1. "Drug free school zone" means the area within three hundred feet of a school or its accompanying grounds, any public property within one thousand feet of a school or its accompanying grounds, a school bus stop or on any school bus or bus contracted to transport pupils to any school.

2. "School" means any public or nonpublic kindergarten program, common school or high school.
A.R.S. § 13-1001 — Arizona Code / Title 13 / Chapter 10 / Section 1001
13-1001 Attempt; classifications
Status: in_force

13-1001. Attempt; classifications

A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person:

1. Intentionally engages in conduct which would constitute an offense if the attendant circumstances were as such person believes them to be; or

2. Intentionally does or omits to do anything which, under the circumstances as such person believes them to be, is any step in a course of conduct planned to culminate in commission of an offense; or

3. Engages in conduct intended to aid another to commit an offense, although the offense is not committed or attempted by the other person, provided his conduct would establish his complicity under chapter 3 if the offense were committed or attempted by the other person.

B. It is no defense that it was impossible for the person to aid the other party's commission of the offense, provided such person could have done so had the circumstances been as he believed them to be.

C. Attempt is a:

1. Class 2 felony if the offense attempted is a class 1 felony.

2. Class 3 felony if the offense attempted is a class 2 felony.

3. Class 4 felony if the offense attempted is a class 3 felony.

4. Class 5 felony if the offense attempted is a class 4 felony.

5. Class 6 felony if the offense attempted is a class 5 felony.

6. Class 1 misdemeanor if the offense attempted is a class 6 felony.

7. Class 2 misdemeanor if the offense attempted is a class 1 misdemeanor.

8. Class 3 misdemeanor if the offense attempted is a class 2 misdemeanor.

9. Petty offense if the offense attempted is a class 3 misdemeanor or petty offense.
A.R.S. § 13-2002 — Arizona Code / Title 13 / Chapter 20 / Section 2002
13-2002 Forgery; classification; definitions
Status: in_force

13-2002. Forgery; classification; definitions

A. A person commits forgery if, with intent to defraud, the person:

1. Falsely makes, completes or alters a written instrument; or

2. Knowingly possesses a forged instrument; or

3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.

B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.

C. Forgery is a class 4 felony, including if the forged instrument is a gift card, except that if the forged instrument is used in connection with the purchase, lease or renting of a dwelling that is used as a drop house it is a class 3 felony.

D. For the purposes of this section:

1. "Drop house" means property that is used to facilitate smuggling pursuant to section 13-2319.

2. "Gift card" has the same meaning prescribed in section 13-1813.
A.R.S. § 13-3706 — Arizona Code / Title 13 / Chapter 37 / Section 3706
13-3706 Failure to procure or exhibit a business license; classification
Status: in_force

13-3706. Failure to procure or exhibit a business license; classification

A. A person commits failure to procure or exhibit a business license if such person knowingly commences or transacts any business, profession or calling, for which a license is required by any law of this state, without procuring the license prescribed for transacting such business, or who upon demand of a peace officer or magistrate, refuses to exhibit such license.

B. Failure to procure or exhibit a business license is a class 2 misdemeanor.
A.R.S. § 13-2905 — Arizona Code / Title 13 / Chapter 29 / Section 2905
13-2905 Loitering; classification
Status: in_force

13-2905. Loitering; classification

A. A person commits loitering if such person intentionally:

1. Is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense.

2. Is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services.

3. Is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices.

4. Is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.

5. Except as provided in section 13-3969, subsection A, solicits bail bond business inside a court building or immediately around or near the entrance of a county or city jail.  For the purposes of this paragraph, "solicit" includes handing out business cards or any printed material or displaying any electronic devices related to bail bonds, verbally asking a person if the person needs a bail bond and recruiting another person to solicit bail bond business.

B. Loitering under subsection A, paragraph 4 is a class 1 misdemeanor. Loitering under subsection A, paragraphs 1, 2, 3 and 5 is a class 3 misdemeanor.
A.R.S. § 13-3603.02 — Arizona Code / Title 13 / Chapter 36 / Section 3603.02
13-3603.02 Abortion; sex and race selection; genetic abnormality; injunctive and civil relief; failure to report; definitions
Status: in_force

13-3603.02. Abortion; sex and race selection; genetic abnormality; injunctive and civil relief; failure to report; definitions

A. Except in a medical emergency, a person who knowingly does any of the following is guilty of a class  6 felony:

1. Performs an abortion knowing that the abortion is sought based on the sex or race of the child or the race of a parent of that child.

2. Performs an abortion knowing that the abortion is sought solely because of a genetic abnormality of the child.

B. A person who knowingly does either of the following is guilty of a class 3 felony:

1. Uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child.

2. Solicits or accepts monies to finance a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child.

C. The attorney general or the county attorney may bring an action in superior court to enjoin the activity described in subsection A or B of this section.

D. The father of the unborn child who is married to the mother at the time she receives a sex-selection or race-selection abortion or an abortion because of a genetic abnormality of the child, or, if the mother has not attained eighteen years of age at the time of the abortion, a maternal grandparent of the unborn child, may bring a civil action on behalf of the unborn child to obtain appropriate relief with respect to a violation of subsection A or B of this section.  The court may award reasonable attorney fees as part of the costs in an action brought pursuant to this subsection. For the purposes of this subsection, "appropriate relief" includes monetary damages for all injuries, whether psychological, physical or financial, including loss of companionship and support, resulting from the violation of subsection A or B of this section.

E. A physician, physician's assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known violations of this section to appropriate law enforcement authorities shall be subject to a civil fine of not more than $10,000.

F. A woman on whom a sex-selection or race-selection abortion or an abortion because of a child's genetic abnormality is performed is not subject to criminal prosecution or civil liability for any violation of this section or for a conspiracy to violate this section.

G. For the purposes of this section:

1. "Abortion" has the same meaning prescribed in section 36-2151.

2. "Genetic abnormality":

(a) Means the presence or presumed presence of an abnormal gene expression in an unborn child, including a chromosomal disorder or morphological malformation occurring as the result of abnormal gene expression.

(b) Does not include a lethal fetal condition. For the purposes of this subdivision, "lethal fetal condition" has the same meaning prescribed in section 36-2158.

3. "Medical emergency" has the same meaning prescribed in section 36-2151.
A.R.S. § 13-2604 — Arizona Code / Title 13 / Chapter 26 / Section 2604
13-2604 Forfeiture and disqualification from office
Status: in_force

13-2604. Forfeiture and disqualification from office

Notwithstanding sections 13-904 and 13-907, a person who is convicted of violating section 13-2602 or 13-2603 shall forever be disqualified from becoming a public servant and, if such person is a public servant at the time of his conviction, shall forfeit his office.
A.R.S. § 13-4302 — Arizona Code / Title 13 / Chapter 39 / Section 4302
13-4302 Jurisdiction
Status: in_force

13-4302. Jurisdiction

The state may commence a proceeding in the superior court if the property for which forfeiture is sought is within this state at the time of the filing of the action or if the courts of this state have in personam jurisdiction of an owner of or interest holder in the property.
A.R.S. § 13-703 — Arizona Code / Title 13 / Chapter 7 / Section 703
13-703 Repetitive offenders; sentencing
Status: in_force

13-703. Repetitive offenders; sentencing

A. If a person is convicted of multiple felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions, the person shall be sentenced as a first time felony offender pursuant to section 13-702 for the first offense and as a category one repetitive offender for the second and subsequent offenses.

B. Except as provided in section 13-704 or 13-705, a person shall be sentenced as a category two repetitive offender if the person is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has one historical prior felony conviction.

C. Except as provided in section 13-704 or 13-705, a person shall be sentenced as a category three repetitive offender if the person is at least eighteen years of age or has been tried as an adult and stands convicted of a felony and has two or more historical prior felony convictions.

D. The presumptive term set by this section may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E.

E. If a person is sentenced as a category one repetitive offender pursuant to subsection A of this section and if at least two aggravating circumstances listed in section 13-701, subsection D apply or at least two mitigating circumstances listed in section 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection H of this section.

F. If a person is sentenced as a category two repetitive offender pursuant to subsection B of this section and if at least two aggravating circumstances listed in section 13-701, subsection D apply or at least two mitigating circumstances listed in section 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection I of this section.

G. If a person is sentenced as a category three repetitive offender pursuant to subsection C of this section and at least two aggravating circumstances listed in section 13-701, subsection D or at least two mitigating circumstances listed in section 13-701, subsection E apply, the court may impose a mitigated or aggravated sentence pursuant to subsection J of this section.

H. A category one repetitive offender shall be sentenced within the following ranges:

Felony  Mitigated      Minimum      Presumptive        Maximum       Aggravated

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

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

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

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

Class 6     .25 years    .5 years   1 year      1.5 years   2 years

I. A category two repetitive offender shall be sentenced within the following ranges:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

Class 2     4.5 years   6 years     9.25 years  18.5 years  23 years

Class 3     3.25 years  4.5 years   6.5 years   13 years    16.25 years

Class 4     2.25 years  3 years     4.5 years   6 years     7.5 years

Class 5     1 year      1.5 years   2.25 years  3 years     3.75 years

Class 6     .75 years   1 year      1.75 years  2.25 years  2.75 years

J. A category three repetitive offender shall be sentenced within the following ranges:

Felony  Mitigated     Minimum Presumptive      Maximum Aggravated

Class 2     10.5 years  14 years    15.75 years 28 years    35 years

Class 3     7.5 years   10 years    11.25 years 20 years    25 years

Class 4     6 years     8 years     10 years    12 years    15 years

Class 5     3 years     4 years     5 years     6 years     7.5 years

Class 6     2.25 years  3 years     3.75 years  4.5 years   5.75 years

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

L. Convictions for two or more offenses committed on the same occasion shall be counted as only one conviction for the purposes of subsections B and C of this section.

M. 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 this section. A person who has been convicted as an adult 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 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.

N. 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.  The release provisions prescribed by this section shall not be substituted for any penalties required by the substantive offense or a 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 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 person 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 person a copy of any material or information obtained concerning the prior conviction.  The charge of previous conviction shall not be read to the jury. For the purposes of this subsection, "substantive offense" means the felony offense that the trier of fact found beyond a reasonable doubt the person committed.  Substantive offense does not include allegations that, if proven, would enhance the sentence of imprisonment or fine to which the person otherwise would be subject.

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

P. The court shall inform all of the parties before sentencing occurs of its intent to impose an aggravated or mitigated sentence pursuant to subsection H, I or J of 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.

Q. The court in imposing a sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.
A.R.S. § 13-2302 — Arizona Code / Title 13 / Chapter 23 / Section 2302
13-2302 Making extortionate extensions of credit; classification
Status: in_force

13-2302. Making extortionate extensions of credit; classification

A. Any person who makes an extortionate extension of credit is guilty of a class 5 felony.

B. In any prosecution pursuant to this section, if it is shown that all of the following factors were present in connection with the extension of credit, there is prima facie evidence that the extension of credit was extortionate:

1. The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable at the time the extension of credit was made through civil judicial processes against the debtor in the county within which the debtor, if a natural person, resided or in every county within which the debtor, if other than a natural person, was incorporated, or qualified to do business.

2. The extension of credit was made at a rate of interest in excess of an annual rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

3. At the time the extension of credit was made, the debtor reasonably believed that either of the following:

(a) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment had been punished by extortionate means.

(b) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.

4. Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars.

C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection B, paragraph 1 or 2, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.
A.R.S. § 13-2308.03 — Arizona Code / Title 13 / Chapter 23 / Section 2308.03
13-2308.03 Unlawful use of infectious biological substance or radiological agent; classification; definitions
Status: in_force

13-2308.03. Unlawful use of infectious biological substance or radiological agent; classification; definitions

A. It is unlawful for a person to intentionally cause injury to another person by means of an infectious biological substance or a radiological agent.

B. It is unlawful for a person to intentionally or knowingly do any of the following:

1. Possess, with the intent to injure another person, an infectious biological substance or a radiological agent.

2. Manufacture, sell, give, distribute or use an infectious biological substance or a radiological agent with the intent to injure another person.

3. Destroy or damage or attempt to destroy or damage any facility, equipment or material involved in the sale, manufacture, storage or distribution of an infectious biological substance or a radiological agent with the intent to injure another by the release of the substance or agent.

4. Give or send to another person or place in a public or private place a simulated infectious biological substance or a radiological agent with the intent to terrify, intimidate, threaten or harass. The placing or sending of a simulated infectious biological substance or radiological agent without written notice attached to the substance or agent in a conspicuous place that the substance or agent has been rendered inert and is possessed for a curio or relic collection, display or other similar purpose is prima facie evidence of an intent to terrify, intimidate, threaten or harass.

5. Transport any radiological isotope or agent for the purpose of committing another act in violation of this section.

6. Adulterate or misbrand any radiological isotope.

7. Manufacture, hold, sell or offer to sell any radiological isotope that is adulterated or misbranded.

8. Alter, mutilate, destroy, obliterate or remove any part of the labeling of a radiological isotope.

9. Engage in any other act with respect to a radiological isotope if the act is done when the article is possessed, transferred, transported or held for sale and results in the article being adulterated or misbranded.

C. The possession of an infectious biological substance or a radiological agent, unless satisfactorily explained, may give rise to an inference that the person who is in possession of the substance or agent is aware of the risk that the substance or agent may be used to commit an act in violation of this section.

D. This section does not apply to any person who is permitted or licensed pursuant to title 30, chapter 4 and 10 Code of Federal Regulations part 30, a member or employee of the armed forces of the United States, a federal or state governmental agency or any political subdivision of a state, a charitable, scientific or educational institution or a private entity if both of the following apply:

1. The person is engaged in lawful activity within the scope of the person's employment and the person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, use, exercise control over or make accessible to others any weapon of mass destruction, infectious biological substance or radiological agent or to otherwise engage in any activity described in this paragraph.

2. The person is in compliance with all applicable federal and state laws in doing so.

E. A violation of this section is a class 2 felony. A person who is convicted of a violation of subsection A or subsection B, paragraph 1 or 2 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 or the sentence is commuted.

F. For the purposes of this section:

1. "Infectious biological substance":

(a) Includes any bacteria, virus, fungus, protozoa, prion, toxin or material found in nature that is capable of causing death or serious physical injury.

(b) Does not include human immunodeficiency virus, syphilis or hepatitis.

2. "Radiological agent" includes any substance that is able to release radiation at levels that are capable of causing death or serious bodily injury or at any level if used with the intent to terrify, intimidate, threaten or harass.
A.R.S. § 13-2703 — Arizona Code / Title 13 / Chapter 27 / Section 2703
13-2703 False swearing; classification
Status: in_force

13-2703. False swearing; classification

A. A person commits false swearing by making a false sworn statement, believing it to be false.

B. False swearing is a class 6 felony.
A.R.S. § 13-4111 — Arizona Code / Title 13 / Chapter 38 / Article 25 / Section 4111
13-4111 Witness for defendant; grounds; application; issuance of commission; stay of trial
Status: in_force

13-4111. Witness for defendant; grounds; application; issuance of commission; stay of trial

A. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness residing without the state examined in his behalf, as prescribed in this article, upon application to the court in which the action is pending, supported by an affidavit showing:

1. The nature of the offense.

2. The name of the witness.

3. That his testimony is material to the defense of the action.

4. That the witness resides without the state.

B. If the court is satisfied of the truth of the facts stated and that the examination of the witness is necessary to the attainment of justice, an order shall be made that a commission be issued to take his testimony.

C. The trial of the indictment or information may be stayed for a time reasonably sufficient for the execution and return of the commission.
A.R.S. § 13-3896 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3896
13-3896 Arrest after escape or rescue; method of recapture
Status: in_force

13-3896. Arrest after escape or rescue; method of recapture

A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.

B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.
A.R.S. § 13-2301 — Arizona Code / Title 13 / Chapter 23 / Section 2301
13-2301 Definitions
Status: in_force

13-2301. Definitions

A. For the purposes of sections 13-2302, 13-2303 and 13-2304:

1. "Collect an extension of credit" means to induce in any way any person to make repayment of that extension.

2. "Creditor" means any person making an extension of credit or any person claiming by, under or through any person making an extension of credit.

3. "Debtor" means any person to whom an extension of credit is made or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom an extension is made to repay the extension.

4. "Extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

5. "Extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor when the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person or the reputation or property of any person.

6. "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or the reputation or property of any person.

7. "Repayment of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

B. For the purposes of section 13-2305, 13-2306 or 13-2307:

1. "Dealer in property" means a person who buys and sells property as a business.

2. "Stolen property" means property of another as defined in section 13-1801 that has been the subject of any unlawful taking.

3. "Traffic" means to sell, transfer, distribute, dispense or otherwise dispose of stolen property to another person, or to buy, receive, possess or obtain control of stolen property, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the property to another person.

C. For the purposes of this chapter:

1. "Animal activity" means a commercial enterprise that uses animals for food, clothing or fiber production, agriculture or biotechnology.

2. "Animal facility" means a building or premises where a commercial activity in which the use of animals is essential takes place, including a zoo, rodeo, circus, amusement park, hunting preserve and horse and dog event.

3. "Animal or ecological terrorism" means any felony in violation of section 13-2312, subsection B that involves at least three persons acting in concert, that involves the intentional or knowing infliction of property damage in an amount of more than $10,000 to the property that is used by a person for the operation of a lawfully conducted animal activity or to a commercial enterprise that is engaged in a lawfully operated animal facility or research facility and that involves either:

(a) The use of a deadly weapon or dangerous instrument.

(b) The intentional or knowing infliction of serious physical injury on a person engaged in a lawfully conducted animal activity or participating in a lawfully conducted animal facility or research facility.

4. "Biological agent" means any microorganism, virus, infectious substance or biological product that may be engineered through biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product and that is capable of causing any of the following:

(a) Death, disease or physical injury in a human, animal, plant or other living organism.

(b) The deterioration or contamination of air, food, water, equipment, supplies or material of any kind.

5. "Combination" means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though such persons may not know each other's identity, membership in the combination changes from time to time or one or more members may stand in a wholesaler-retailer or other arm's length relationship with others as to activities or dealings between or among themselves in an illicit operation.

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

7. "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, on a continuing basis in conduct that violates any one or more provisions of any felony statute of this state.

8. "Explosive agent" means an explosive as defined in section 13-3101 and flammable fuels or fire accelerants in amounts over fifty gallons but excludes:

(a) Fireworks as defined in section 36-1601.

(b) Firearms.

(c) A propellant actuated device or propellant actuated industrial tool.

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

(e) A rocket having a propellant charge of less than four ounces.

9. "Material support or resources" includes money or other financial securities, financial services, lodging, sustenance, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, disguises and other physical assets but does not include medical assistance, legal assistance or religious materials.

10. "Public establishment" means a structure, vehicle or craft that is owned, leased or operated by any of the following:

(a) This state or a political subdivision as defined in section 38-502.

(b) A public agency as defined in section 38-502.

(c) The federal government.

(d) A health care institution as defined in section 36-401.

(e) A private educational institution.

11. "Research facility" means a laboratory, institution, medical care facility, government facility, public or private educational institution or nature preserve at which a scientific test, experiment or investigation involving the use of animals is lawfully carried out, conducted or attempted.

12. "Terrorism" means any felony, including any completed or preparatory offense, that involves the use of a deadly weapon or a weapon of mass destruction or the intentional or knowing infliction of serious physical injury with the intent to do any of the following:

(a) Influence the policy or affect the conduct of this state or any of the political subdivisions, agencies or instrumentalities of this state.

(b) Cause substantial damage to or substantial interruption of public communications, communication service providers, public transportation, common carriers, public utilities, public establishments or other public services.

(c) Intimidate or coerce a civilian population.

(d) Further the goals, desires, aims, public pronouncements, manifestos or political objectives of any terrorist organization.

13. "Terrorist organization" means any organization that is designated by the United States department of state as a foreign terrorist organization under section 219 of the immigration and nationality act (8 United States Code section 1189).

14. "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi or infectious substances or a recombinant molecule, whatever its origin or method of reproduction, including:

(a) Any poisonous substance or biological product that may be engineered through biotechnology and that is produced by a living organism.

(b) Any poisonous isomer or biological product, homolog or derivative of such a substance.

15. "Vector" means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, that is capable of carrying a biological agent or toxin to a host.

16. "Weapon of mass destruction" means:

(a) Any device or object that is designed or that the person intends to use to cause multiple deaths or serious physical injuries through the use of an explosive agent or the release, dissemination or impact of a toxin, biological agent or poisonous chemical, or its precursor, or any vector.

(b) Except as authorized and used in accordance with a license, registration or exemption by the department of health services pursuant to section 30-672, any device or object that is designed or that the person intends to use to release radiation or radioactivity at a level that is dangerous to human life.

D. For the purposes of sections 13-2312, 13-2313, 13-2314 and 13-2315, unless the context otherwise requires:

1. "Control", in relation to an enterprise, means the possession of sufficient means to allow substantial direction over the affairs of an enterprise and, in relation to property, means to acquire or possess.

2. "Enterprise" means any corporation, partnership, association, labor union or other legal entity or any group of persons associated in fact although not a legal entity.

3. "Financial institution" means a banking or securities regulatory agency of the United States, a business coming within the definition of a bank, financial agency or financial institution as prescribed by 31 United States Code section 5312 or 31 Code of Federal Regulations section 1010.100 or a business under the jurisdiction of the securities division of the corporation commission, the state real estate department or the department of insurance and financial institutions.

4. "Racketeering" means any act, including any preparatory or completed offense, that is chargeable or indictable under the laws of the state or country in which the act occurred and, if the act occurred in a state or country other than this state, that would be chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by imprisonment for more than one year under the laws of this state and, if the act occurred in a state or country other than this state, under the laws of the state or country in which the act occurred, regardless of whether the act is charged or indicted, and the act involves either:

(a) Terrorism, animal terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death.

(b) Any of the following acts if committed for financial gain:

(i) Homicide.

(ii) Robbery.

(iii) Kidnapping.

(iv) Forgery.

(v) Theft.

(vi) Bribery.

(vii) Gambling.

(viii) Usury.

(ix) Extortion.

(x) Extortionate extensions of credit.

(xi) Prohibited drugs, marijuana or other prohibited chemicals or substances.

(xii) Trafficking in explosives, weapons or stolen property.

(xiii) Participating in a criminal syndicate.

(xiv) Obstructing or hindering criminal investigations or prosecutions.

(xv) Asserting false claims, including false claims asserted through fraud or arson.

(xvi) Intentional or reckless false statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands.

(xvii) Resale of realty with intent to defraud.

(xviii) Intentional or reckless fraud in the purchase or sale of securities.

(xix) Intentional or reckless sale of unregistered securities or real property securities.

(xx) A scheme or artifice to defraud.

(xxi) Obscenity.

(xxii) Sexual exploitation of a minor.

(xxiii) Prostitution.

(xxiv) Restraint of trade or commerce in violation of section 34-252.

(xxv) Terrorism.

(xxvi) Money laundering.

(xxvii) Obscene or indecent telephone communications to minors for commercial purposes.

(xxviii) Counterfeiting marks as proscribed in section 44-1453.

(xxix) Animal terrorism or ecological terrorism.

(xxx) Smuggling of human beings.

(xxxi) Child sex trafficking.

(xxxii) Sex trafficking.

(xxxiii) Trafficking of persons for forced labor or services.

(xxxiv) Manufacturing, selling or distributing misbranded drugs in violation of section 13-3406, subsection A, paragraph 9.

(xxxv) Holding an unauthorized racing meeting as proscribed in section 5-107.01.

5. "Records" means any book, paper, writing, computer program, data, image or information that is collected, recorded, preserved or maintained in any form of storage medium.

6. "Remedy racketeering" means to enter a civil judgment pursuant to this chapter or chapter 39 of this title against property or a person who is subject to liability, including liability for injury to the state that is caused by racketeering or by actions in concert with racketeering.

E. For the purposes of sections 13-2316, 13-2316.01 and 13-2316.02:

1. "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or network.

2. "Access device" means any card, token, code, account number, electronic serial number, mobile or personal identification number, password, encryption key, biometric identifier or other means of account access, including a canceled or revoked access device, that can be used alone or in conjunction with another access device to obtain money, goods, services, computer or network access or any other thing of value or that can be used to initiate a transfer of any thing of value.

3. "Computer" means an electronic device that performs logic, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

4. "Computer contaminant" means any set of computer instructions that is designed to modify, damage, destroy, record or transmit information within a computer, computer system or network without the intent or permission of the owner of the information, computer system or network. Computer contaminant includes a group of computer instructions, such as viruses or worms, that is self-replicating or self-propagating and that is designed to contaminate other computer programs or computer data, to consume computer resources, to modify, destroy, record or transmit data or in some other fashion to usurp the normal operation of the computer, computer system or network.

5. "Computer program" means a series of instructions or statements, in a form acceptable to a computer, that allow the functioning of a computer system in a manner designed to provide appropriate products from the computer system.

6. "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system.

7. "Computer system" means a set of related, connected or unconnected computer equipment, devices and software, including storage, media and peripheral devices.

8. "Critical infrastructure resource" means any computer or communications system or network that is involved in providing services necessary to ensure or protect the public health, safety or welfare, including services that are provided by any of the following:

(a) Medical personnel and institutions.

(b) Emergency services agencies.

(c) Public and private utilities, including water, power, communications and transportation services.

(d) Fire departments, districts or volunteer organizations.

(e) Law enforcement agencies.

(f) Financial institutions.

(g) Public educational institutions.

(h) Government agencies.

9. "False or fraudulent pretense" means the unauthorized use of an access device or the use of an access device to exceed authorized access.

10. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument as defined in section 13-2001 that is transferable for value.

11. "Network" includes a complex of interconnected computer or communication systems of any type.

12. "Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible.

13. "Proprietary or confidential computer security information" means information about a particular computer, computer system or network that relates to its access devices, security practices, methods and systems, architecture, communications facilities, encryption methods and system vulnerabilities and that is not made available to the public by its owner or operator.

14. "Services" includes computer time, data processing, storage functions and all types of communication functions.
A.R.S. § 13-3406 — Arizona Code / Title 13 / Chapter 34 / Section 3406
13-3406 Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; misbranded drugs; classification; definition
Status: in_force

13-3406. Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; misbranded drugs; classification; definition

A. A person shall not knowingly:

1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly licensed in another state.

2. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription-only drug for sale.

3. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for the purpose of manufacturing a prescription-only drug.

4. Unless the person holds a license or a permit issued pursuant to title 32, chapter 18, manufacture a prescription-only drug.

5. Administer a prescription-only drug to another person whose possession or use of the prescription-only drug violates this section.

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

7. Unless the person is authorized, 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 prescription-only drug.

8. Possess or use a misbranded drug.

9. Manufacture, sell or distribute a misbranded drug.

B. A person who violates:

1. Subsection A, paragraph 9 of this section is guilty of a class 4 felony.

2. Subsection A, paragraph 2 or 7 of this section is guilty of a class 6 felony.

3. Subsection A, paragraph 1, 3, 4, 5 or 6 of this section is guilty of a class 1 misdemeanor.

4. Subsection A, paragraph 8 of this section is guilty of a class 2 misdemeanor.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of one thousand dollars.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

D. A person who is convicted of a felony 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 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.

E. If a person who is convicted of a violation of subsection A, paragraph 2 or 7 of this section is granted probation, the court shall order that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

F. For the purposes of this section, "misbranded drug" means a drug that is misbranded as prescribed in section 32-1967.
A.R.S. § 13-4507 — Arizona Code / Title 13 / Chapter 41 / Section 4507
13-4507 Examination of competency to stand trial
Status: in_force

13-4507. Examination of competency to stand trial

A. The court shall set and may change the conditions under which the examination is conducted.

B. The defense attorney shall be available to the mental health expert conducting the examination.

C. A proceeding to determine if a defendant is competent to stand trial shall not delay a judicial determination of the defendant's eligibility for pretrial release. A defendant who is otherwise entitled to pretrial release shall not be involuntarily confined or taken into custody solely because the issue of the defendant's competence to stand trial is raised and an examination is ordered unless the court determines that the defendant's confinement is necessary for the evaluation process.

D. If a defendant is released from custody under any pretrial release provision, the court may order the defendant to appear at a designated time and place for an outpatient examination. The court may make the appearance a condition of the defendant's pretrial release.

E. The court may order that the defendant be involuntarily confined until the examination is completed if the court determines that any of the following applies:

1. The defendant will not submit to an outpatient examination as a condition of pretrial release.

2. The defendant refuses to appear for an examination.

3. An adequate examination is impossible without the confinement of the defendant.

4. The defendant is a threat to public safety.

F. If a defendant is committed for an inpatient examination, the length of the commitment shall not exceed the period of time that is necessary for the examination. The commitment for examination shall not exceed thirty days, except that the commitment may be extended by fifteen days if the court finds that extraordinary circumstances exist. The county shall pay the costs of any inpatient examination ordered by the court, except that the city shall pay the costs of any inpatient examination that is ordered by a municipal court judge.
A.R.S. § 13-4123 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4123
13-4123 Granting of writ; remand of prisoner
Status: in_force

13-4123. Granting of writ; remand of prisoner

A. The writ of habeas corpus may be granted:

1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof.

2. By the superior court or a judge thereof, in their respective counties.

B. If the writ is granted by a superior court or judge, and after hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other superior court or judge, unless upon some ground not existing at the time of issuing the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ.
A.R.S. § 13-3858 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3858
13-3858 Forfeiture of bail
Status: in_force

13-3858. Forfeiture of bail

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the court, by proper order, shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or undertaking given by the accused in criminal proceedings within this state.
A.R.S. § 13-2919 — Arizona Code / Title 13 / Chapter 29 / Section 2919
13-2919 Automated telephone solicitation; violation; classification
Status: in_force

13-2919. Automated telephone solicitation; violation; classification

A. A person shall not use an automated system for the selection and dialing of telephone numbers and the playing of a recorded message or sending a text message for the purpose of soliciting persons to purchase goods or services or requesting survey information if the results are to be used directly for the purpose of soliciting persons to purchase goods or services.

B. This section does not apply if a recorded message or text message is received under any of the following circumstances:

1. With prior express invitation or permission by the recipient.

2. By a recipient who has an existing business relationship with the sender.

C. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 13-4506 — Arizona Code / Title 13 / Chapter 41 / Section 4506
13-4506 Examination for purposes of insanity defense
Status: in_force

13-4506. Examination for purposes of insanity defense

A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the plea of insanity, the mental health expert who is appointed pursuant to section 13-4505 shall provide a screening report that includes:

1. The mental status of the defendant at the time of the offense.

2. If the expert determines that the defendant suffered from a mental disease, defect or disability at the time of the offense, the relationship of the disease, defect or disability to the alleged offense.

B. If the defendant's state of mind at the time of the offense will be included in the examination, the court shall not appoint the expert to address this issue until the court receives the medical and criminal history records of the defendant.

C. Within ten working days after the expert is appointed, the parties shall provide any additional medical or criminal history records that are requested by the court or the expert.
A.R.S. § 13-4296 — Arizona Code / Title 13 / Chapter 38 / Article 36 / Section 4296
13-4296 Erroneous convictions; compensation; pilot program
Status: in_force

13-4296. Erroneous convictions; compensation; pilot program

(Rpld. 7/1/27)

A. Notwithstanding any other law, a claimant may bring an action in superior court seeking compensation from this state if the claimant establishes, by a preponderance of the evidence, that all of the following apply:

1. The claimant was convicted of a felony and subsequently incarcerated.

2. The claimant did not commit the crime or crimes for which the claimant was convicted.

3. The claimant did not commit perjury, fabricate evidence or by the claimant's own conduct cause or bring about the conviction. A confession or admission later found to be false or a guilty plea does not constitute committing perjury, fabricating evidence or causing or bringing about the conviction.

4. One of the following applies:

(a) The claimant was pardoned based on innocence.

(b) The claimant's judgment of conviction was reversed or vacated and the charges were dismissed or the claimant was found not guilty on retrial.

(c) The claimant's judgment of conviction was reversed or vacated and the claimant entered an Alford plea or a plea of no contest, while maintaining a claim of innocence, after the conviction was overturned, reversed or vacated on direct appeal or postconviction review when the claimant would otherwise have been entitled to a new trial.

B. All pleadings shall be entitled "in the matter of the erroneous conviction of _____". The claimant shall serve the attorney general with a copy of the claim. The court shall decide the claim.  The Arizona rules of civil procedure apply.  The action shall be brought in the county of conviction or in Maricopa county.

C. The claimant shall bring the claim within two years after one of the following occurs:

1. The claimant's conviction is overturned or vacated and the charges against the claimant are dismissed, the claimant is found not guilty on retrial or the claimant enters a plea of no contest, whichever occurs later.

2. The claimant is pardoned based on innocence.

3. January 1, 2026 if the claimant was convicted, incarcerated and released from custody before January 1, 2026.

D. The attorney general shall respond within thirty days to the claim. The attorney general may request a single thirty-day extension to respond on a showing of good cause. The parties may stipulate to an additional extension of time.  The attorney general may include in the response a request that the court make findings of fact that a city or county employee committed harmful error or misconduct.  If the attorney general requests findings of fact regarding whether a city or county employee committed harmful error or misconduct, the attorney general has the burden of proof by a preponderance of the evidence.

E. If the attorney general does not object in the response, the court shall enter an order granting the erroneous conviction claim.  If the attorney general objects, the court shall order and hold an evidentiary hearing.  A court order that grants or denies the claim shall include findings of fact and conclusions of law.  If requested by the attorney general, the court shall make findings of fact regarding whether a city or county employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of a conviction.  If not requested by the attorney general, the court, on its own motion, may find by a preponderance of the evidence that a city or county employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of a conviction. The court may consider any findings of fact developed on the record of the underlying criminal offense related to the conviction or actions by city or county employees. The court shall notify the appropriate city or county prosecuting agency if the attorney general requests or the court makes a finding that a city or county employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of the conviction and allow the city or county to respond within fourteen days.  The city or county may not request to intervene in the claimant's action seeking compensation and may only respond as to whether the employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of the conviction by a preponderance of the evidence.

F. If the court enters an order granting the claim, the court shall award compensation as follows:

1. For each year the claimant was incarcerated, two hundred percent of the median household income in this state as it existed on the date the claimant was incarcerated and as determined by the United States department of housing and urban development and adjusted for inflation using the consumer price index for urban consumers.  The amount for any partial year shall be prorated in order to compensate the claimant only for the portion of the year in which the claimant was incarcerated.  The claimant may not receive compensation for any period of time for which the claimant was concurrently serving another sentence for a conviction of another offense for which the claimant was lawfully incarcerated.

2. The claimant may request more than the amount of compensation awarded pursuant to paragraph 1 of this subsection. Any additional amount of compensation awarded to the claimant shall be paid from the erroneous convictions fund pursuant to subsection M of this section. If the claimant requests additional compensation, the court must hold an evidentiary hearing.  The court shall consider the pro per status of the claimant in determining whether additional compensation is warranted.  The claimant may present evidence of other damages the claimant suffered arising from or related to the claimant's arrest, prosecution, conviction and incarceration. The court may award up to $500,000 in additional compensation.

3. $25,000 per year for each year the claimant was incarcerated on death row or each year the clamant was required to register pursuant to section 13-3821.

4. Reimbursement of not more than $100,000 for reintegrative services and mental and physical health care costs that the claimant incurred for the time period between the claimant's release from custody and the entry of judgment.

5. Reimbursement for unreimbursed costs, fines, fees or surcharges that were imposed on the claimant as a result of the erroneous conviction and that were paid by or on behalf of the claimant.

6. Reimbursement for unreimbursed restitution that was paid by or on behalf of the claimant as a result of the erroneous conviction.

7. Reasonable attorney fees and costs of not more than $25,000 unless the court authorizes a greater reasonable total on a finding of good cause shown.

G. Compensation awarded to the claimant pursuant to this section does not constitute gross income for the purposes of title 42 or 43.

H. The court shall order that the award be paid in one lump sum to the claimant.

I. In addition to the compensation awarded pursuant to subsection F of this section, the claimant is entitled to the following services from licensed or accredited state institutions, agencies or providers within this state:

1. Reimbursement for mental health treatment for up to fifty-two clinical hours at a maximum of $250 per hour within twelve months after the court's order awarding compensation.

2. Reimbursement for up to one hundred twenty credit hours at any postsecondary educational institution, vocational school or trade school.

3. Reimbursement for up to four financial planning or literacy classes or consultations within twelve months after the court's order awarding compensation.

J. If, at the time the court enters a judgment pursuant to subsection F of this section, the claimant has won a monetary judgment against this state or any political subdivision of this state in a civil action related to the erroneous conviction or has entered into a settlement agreement with this state or any political subdivision of this state related to the erroneous conviction, the court shall deduct the amount awarded in the action or the amount received in the settlement agreement, less any sums paid to an attorney or for costs in litigating the other civil action or obtaining the settlement agreement, from the monies that the claimant is entitled to receive under this section.  The court shall include in the judgment an award to this state of any amount that is deducted pursuant to this subsection.

K. If subsection J of this section does not apply, any future damages that are awarded to the claimant resulting from an action by the claimant against any unit of government in this state by reason of the erroneous conviction shall be offset by the compensation award received under this section.

L. The compensation award may not be offset by any expenses incurred by this state or any political subdivision of this state, including the following:

1. Any expenses that this state or a political subdivision of this state incurred to secure the claimant's custody or to feed, clothe or provide medical services for the claimant.

2. The value of any services or reduction in fees for service, or the value thereof to be provided to the claimant that may be awarded to the claimant pursuant to this section.

M. If the court finds that the claimant is entitled to compensation, the court shall issue a finding that the claimant was erroneously convicted and, as a result, served a specific amount of time erroneously incarcerated. The clerk of the court shall send a certified copy of the order to the department of administration for payment from the erroneous convictions fund established pursuant to section 41-710.03. If sufficient monies are available, the department of administration shall remit from the erroneous convictions fund the payment to the claimant within forty-five days. Any claims for reimbursement under subsection I of this section shall be submitted to the administration for approval and, if sufficient monies are available, paid from the erroneous convictions fund within fourteen days after receipt.  If the court made findings of fact that a city employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of the conviction, the city shall reimburse all payments made to the claimant from the erroneous convictions fund.  If the court made findings of fact that a county employee committed harmful error or misconduct that was the proximate cause of the pardoning, reversal or vacating of the conviction, the county of conviction shall reimburse all payments made to the claimant from the erroneous convictions fund.  For claims paid pursuant to subsection F of this section, the city or county shall make the reimbursement required by this subsection to the erroneous convictions fund within forty-five days after the payment from the erroneous convictions fund to the claimant.  For claims paid pursuant to subsection I of this section, the city or county shall make the reimbursement required by this subsection to the erroneous convictions fund within fourteen days after the payment from the erroneous convictions fund to the claimant.

N. Notwithstanding any other law, on entry of an erroneous conviction ruling, the court shall:

1. Order the claimant's associated convictions and arrests expunged from all applicable state and federal systems and the records sealed.  The court shall enter the expungement order for the offense or offenses for which the ruling applies regardless of whether the claimant has a historical prior felony conviction. The expungement order shall state all of the following:

(a) The claimant's current full name.

(b) The claimant's full name at the time of arrest and conviction, if different than the claimant's current name.

(c) The claimant's sex, race and date of birth.

(d) The offense for which the claimant was arrested and convicted.

(e) The dates of the claimant's arrest and conviction.

(f) The identity of the arresting law enforcement agency and convicting court.

(g) That the order expunges any record of the claimant's arrest, charge, conviction or adjudication and sentence.

(h) That the claimant's civil rights, including the right to possess firearms, are restored, unless the claimant is otherwise not eligible for the restoration of civil rights on grounds other than the conviction at issue.

(i) That the clerk of the court shall notify the department of public safety, the prosecuting agency and the arresting law enforcement agency, if applicable, of the expungement order.

(j) That the clerk of the court shall seal the claimant's records relating to the expunged arrest, charge, conviction or adjudication and sentence and allow the claimant's records to be accessed only by the claimant or the claimant's attorney.

2. Direct the department of public safety to expunge and destroy any biological samples, including DNA and fingerprint samples, received by the department pursuant to section 13-610.  The clerk of the court shall send a certified copy of the order to the department of public safety, which shall implement the order and provide confirmation of the action to the court. This paragraph does not require the department of public safety to expunge and destroy samples or a profile record that is associated with the claimant and that relates to an unrelated offense.

O. The department of public safety shall seal and separate the expunged record from the department's records and shall inform all appropriate state and federal law enforcement agencies of the expungement at no cost to the claimant. The state department of corrections shall seal and separate the expunged record from the department's records and may not make information related to the expunged conviction publicly available through any department database.

P. The arresting and prosecuting agencies shall clearly identify in each agency's files and electronic records that the claimant was erroneously convicted and that the arrest, charge, conviction or adjudication and sentence are expunged and may not make any records of the expunged arrest, charge, conviction or adjudication and sentence available as a public record to any person except to the claimant or the claimant's attorney.

Q. Pursuant to the expungement order, the claimant shall be treated as not having been arrested for, adjudicated delinquent for or convicted of the expunged offense.  The expunged arrest, charge, adjudication, conviction or sentence may not be used in a subsequent prosecution by a prosecuting agency or court for any purpose.  The claimant may state that the claimant has never been arrested for, charged with, adjudicated delinquent for, convicted of or sentenced for the offense that is the subject of the expungement.

R. The claimant may request that this action and erroneous conviction ruling be sealed.

S. The court's decision to grant or deny an erroneous conviction claim is not res judicata on any other proceedings.

T. If the court denies an erroneous conviction claim, the claimant may file a direct appeal pursuant to section 13-4033, subsection A, paragraph 3.

U. If the victim has made a request for postconviction notice, the attorney general shall provide the victim with notice of the claimant's claim and of the rights provided to the victim in this section.  The rights and duties prescribed in chapter 40 of this title continue to be enforceable throughout the proceedings held pursuant to this section.

V. If the court finds that the claimant is entitled to a judgment, a victim as defined in section 13-4401 is entitled to reimbursement for mental health treatment for up to fifty-two clinical hours within twelve months after the court's order awarding compensation at a maximum of $250 per hour pursuant to the victim compensation and assistance fund established by section 41-2407. The victim does not need to establish any other eligibility requirements to receive reimbursement for mental health services.
A.R.S. § 13-815 — Arizona Code / Title 13 / Chapter 8 / Section 815
13-815 Initial lien on earnings
Status: in_force

13-815. Initial lien on earnings

A. If the writ of criminal garnishment is for earnings of the defendant, the writ is a lien on the earnings of the defendant from the date of service on the garnishee until any of the following occurs:

1. An order of continuing lien is entered.

2. If an order is not entered, within forty-five days after the date on which the garnishee files an answer.

3. The writ is quashed or released or becomes ineffective.

B. The garnishee shall not remit any withheld earnings to the party obtaining the writ until the court enters an order pursuant to section 13-818.
A.R.S. § 13-2910.11 — Arizona Code / Title 13 / Chapter 29 / Section 2910.11
13-2910.11 Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions
Status: in_force

13-2910.11. Unlawful animal ownership or possession; transfer of animals; restoration of right to possess animals; classification; good cause exception; definitions

A. It is unlawful for a person who has been convicted of any of the following offenses to own, possess, adopt, foster, reside with or otherwise intentionally contact, care for or have custody of any animal in the person's household:

1. An intentional or knowing violation of cruelty to animals pursuant to section 13-2910, subsection A, paragraph 1, 2, 3, 7, 8, 9, 12, 15 or 16.

2. Cruelty to animals pursuant to section 13-2910, subsection A, paragraph 4.

3. Animal fighting pursuant to section 13-2910.01.

4. Bestiality pursuant to section 13-1411.

B. Except as provided in subsection D of this section, the prohibitions listed in subsection A of this section shall remain in place for the following amount of time:

1. For a first misdemeanor conviction, at least five years.

2. For a first felony conviction or a second or subsequent misdemeanor conviction, at least ten years.

3. For a second or subsequent felony conviction, for the person's lifetime.

C. Within thirty days after a person is prohibited from possessing an animal pursuant to this section, the person shall transfer all animals in the person's care or custody to another person who is not in the person's household.

D. On proper application and not less than one year after the person is convicted of a misdemeanor violation of an offense listed in subsection A of this section or two and one-half years after the person is convicted of a felony violation of an offense listed in subsection A of this section, the person may apply to have the person's right to possess an animal restored. Any time spent on absconder status while on probation, on escape status or incarcerated is excluded in calculating the minimum time requirement. The person may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or the successor in office of the judge, justice of the peace or magistrate. The applicant shall serve a copy of the application on the prosecutor. The court shall conduct a hearing on the request within sixty days after the application is filed. The defendant bears the burden by a preponderance of evidence at the hearing. To assist the court in making a determination, the court shall require the person to complete a psychiatric or psychological examination and undergo counseling, if necessary, before restoring the person's right to possess an animal. The court may terminate or reduce the time period required by subsection B of this section on a finding that:

1. The applicant does not present a danger to self, the animal's immediate family and the public.

2. The applicant has the ability to properly care for all animals in the applicant's possession.

3. The applicant has successfully completed all classes or counseling that was ordered by the sentencing court.

E. A convicted person who lives in a household with an animal that is owned, possessed, adopted or fostered by another person in the household may apply to the court for a good cause exception. A good cause exception is valid for one year and allows the convicted person to reside in the same household as an animal. The convicted person may request the court to renew a good cause exception sixty days before the good cause exception expires. The court may grant a good cause exception or renew a good cause exception if all of the following apply:

1. The convicted person is on supervised or unsupervised probation, community supervision or parole or agrees to be subject to the court's jurisdiction and supervision while living in the household.

2. The court determines that it is in the best interests of the animal and the person who owns, possesses, adopts or fosters the animal to allow the convicted person to remain in the same household and reside with the animal.

3. The convicted person agrees to not intentionally contact, care for or have custody of the animal.

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

G. For the purposes of this section:

1. "Animal":

(a) Means any domesticated dog or cat.

(b) Does not include livestock as defined in section 3-1201 or wildlife as defined in section 17-101.

2. "Household" includes all of the persons who occupy a housing unit as the person's usual place of residence, including all of the following:

(a) The related family members and all unrelated persons, if any, such as lodgers, foster children, wards or employees who share the housing unit.

(b) A person who lives alone in a housing unit or a group of unrelated persons sharing a housing unit such as partners or roomers.

3. "Housing unit" means a house, an apartment, a mobile home or trailer, a group of rooms or a single room occupied as separate living quarters for a household and includes any front, side or rear yards and any garages and detached garages that are under the control of the household.
A.R.S. § 13-2319 — Arizona Code / Title 13 / Chapter 23 / Section 2319
13-2319 Smuggling; classification; definitions
Status: in_force

13-2319. Smuggling; classification; definitions

A. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.

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

C. Notwithstanding subsection B of this section, a violation of this section:

1. Is a class 2 felony if the human being who is smuggled is under eighteen years of age and is not accompanied by a family member over eighteen years of age or the offense involved the use of a deadly weapon or dangerous instrument.

2. Is a class 3 felony if the offense involves the use or threatened use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

D. Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 of this section.

E. Notwithstanding any other law, in the enforcement of this section a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.

F. For the purposes of this section:

1. "Family member" means the person's parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.

2. "Procurement of transportation" means any participation in or facilitation of transportation and includes:

(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.

(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.

3. "Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.
A.R.S. § 13-4103 — Arizona Code / Title 13 / Chapter 38 / Article 24 / Section 4103
13-4103 Order for examination; notice; proof of service
Status: in_force

13-4103. Order for examination; notice; proof of service

A. If the court is satisfied that the examination of the witness is necessary, an order shall be made that the witness be examined conditionally at a specified time and place, and that a copy of the order be served on the opposite party at least two days before the examination.

B. The order shall direct that the examination be taken before the clerk of the court, the court reporter, a magistrate or a notary public named therein, and on proof of service upon the opposite party of a copy of the order, though no counsel appears for the state, the examination shall proceed.
A.R.S. § 13-1209 — Arizona Code / Title 13 / Chapter 12 / Section 1209
13-1209 Drive by shooting; forfeiture; driver license revocation; classification; definitions
Status: in_force

13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions

A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.

B. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.

C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.

D. Drive by shooting is a class 2 felony.

E. As used in this section:

1. "Motor vehicle" has the same meaning prescribed in section 28-101.

2. "Occupied structure" has the same meaning prescribed in section 13-3101.
A.R.S. § 13-4306 — Arizona Code / Title 13 / Chapter 39 / Section 4306
13-4306 Powers and duties of peace officers and agencies; definition
Status: in_force

13-4306. Powers and duties of peace officers and agencies; definition

A. If property subject to forfeiture under section 13-4305 is seized, the property is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the attorney for the state may authorize the release of the seizure for forfeiture of the property if forfeiture or retention is unnecessary, may transfer the property to any other state agency or may transfer the action to another attorney for the state by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or attorney. Except as provided in subsections I and J of this section, the seizing agency or the attorney for the state may not transfer or refer seized property to a federal agency.  An action pursuant to this chapter shall be consolidated with any other action or proceeding pursuant to this title relating to the same property on motion by the attorney for the state in either action.

B. If property is seized for forfeiture under section 13-4305, pending forfeiture and final disposition, the seizing agency may do any of the following:

1. Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money, deposit it in an interest bearing account.

2. Remove the property to a place designated by the court.

3. Provide for another custodian or agency to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.

C. As soon as practicable after seizure for forfeiture, the seizing agency shall conduct an inventory and estimate the value of the property seized. Within twenty days the seizing agency or the attorney for the state shall make reasonable efforts to provide notice of seizure for forfeiture to all persons known to have an interest in the seized property.

D. A person who acts in good faith and in a reasonable manner to comply with an order of the court or a request of a peace officer is not liable to any person for acts done in compliance with the order or request.

E. A possessory lien of a person from whose possession property is seized is not affected by the seizure.

F. If property subject to forfeiture under section 13-4305 is seized, the seizing agency shall send to an attorney for the state a written request for forfeiture within twenty days, which shall include a statement of facts and circumstances of the seizure, including the names of witnesses then known, the appraised or estimated value of the property and a summary of the facts relied on for forfeiture.

G. An owner of property seized for forfeiture may obtain the release of the seized property by posting with the attorney for the state a surety bond or cash in an amount equal to the full fair market value of the property as determined by the attorney for the state. The state may refuse to release the property if any of the following applies:

1. The bond or cash tendered is inadequate.

2. The property is retained as contraband or evidence.

3. The property is particularly altered or designed for use in conduct giving rise to forfeiture.

H. If an owner of property posts a surety bond or cash and the property is forfeited the court shall forfeit the surety bond or cash in lieu of the property.

I. The seizing agency or the attorney for the state may not enter into any agreement to transfer or refer seized property to a federal agency for the purpose of forfeiture if the property was seized pursuant to an investigation that either:

1. Did not involve a federal agency.

2. Involves a violation of a state law and no violation of a federal law is alleged.

J. Property that is seized in a joint investigation may not be transferred or referred to a federal agency for the purpose of forfeiture unless the gross estimated value of the seized property is more than $75,000.

K. This section does not prohibit:

1. The federal government or any of its agencies from seizing property, seeking forfeiture pursuant to federal law and sharing property that is forfeited pursuant to federal law with a state or local law enforcement agency that participates in a joint investigation.

2. A state or local law enforcement agency from participating in a joint investigation.

L. A peace officer may not request, require or in any manner induce a person to execute a document that attempts to disclaim an interest in or right to property or that relinquishes interests in or rights to property.

M. For the purposes of this section, "joint investigation" means an investigation in which a state or local law enforcement agency directly participates in the investigation or enforcement of a federal criminal law with a federal agency and the investigation or enforcement results in a seizure.
A.R.S. § 13-2317 — Arizona Code / Title 13 / Chapter 23 / Section 2317
13-2317 Money laundering; classification; definitions
Status: in_force

13-2317. Money laundering; classification; definitions

A. A person is guilty of money laundering in the first degree if the person does any of the following:

1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of subsection B of this section.

2. Violates subsection B of this section in the course of or for the purpose of facilitating terrorism or murder.

B. A person is guilty of money laundering in the second degree if the person does any of the following:

1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense.

2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.

3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering.

4. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.

5. Intentionally or knowingly evades or attempts to evade any reporting requirement under sections 6-1220 and 6-1242, whether by structuring transactions as described in 31 Code of Federal Regulations chapter X, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means.

6. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:

(a) Fail to file any report or record that is required under sections 6-1220 and 6-1242.

(b) File such a report or record that contains a material omission or misstatement of fact.

7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.

8. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.

9. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by sections 6-1220 and 6-1242.

10. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.

C. A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following:

1. In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12.

2. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value on an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.

D. In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of $100,000 or more in any twelve-month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve-month period.

E. Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.

F. The exception that is established by 31 United States Code section 5331(c)(1) does not apply to persons who are engaged in the money accumulation business.

G. For the purposes of this section:

1. The following terms have the same meanings prescribed in section  6-1241:

(a) "Authorized delegate".

(b) "Licensee".

(c) "Money transmitter".

(d) "Trade or business".

2. The following terms have the same meanings prescribed in section 13-2001:

(a) "Falsely alters a written instrument".

(b) "Falsely completes a written instrument".

(c) "Falsely makes a written instrument".

(d) "Forged instrument".

(e) "Personal identifying information".

(f) "Written instrument".

3. The following terms have the same meanings prescribed in section 13-2301:

(a) "Financial institution".

(b) "Financial instrument".

(c) "Racketeering", except that for the purposes of civil remedies sought by the attorney general, racketeering includes any act, regardless of whether the act would be chargeable or indictable under the laws of this state or whether the act is charged or indicted, that is committed for financial gain, punishable by imprisonment for more than one year under the laws of the United States and described in section 274(a)(1)(A)(i), (ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the conduct acquire a total of more than $5,000 through the conduct in a one-month period. For the purpose of forfeiture of property other than real property, the conduct must involve more than three aliens in a one-month period. For the purpose of forfeiture of real property, the conduct must involve more than fifteen aliens in a one-month period.

4. The following terms have the same meaning prescribed in section 13-2314:

(a) "Acquire".

(b) "Proceeds".

H. For the purposes of this section:

1. "Money accumulation business":

(a) Means obtaining money from a money transmitter as part of any activity that is conducted for financial gain if the money that is obtained by all persons acting in concert in the activity, in amounts of $1,000 or more, totals over $50,000 in the preceding twelve-month period.

(b) Does not include a person who is subject to the reporting requirements under 31 United States Code section 5313.

2. "Offense" has the same meaning prescribed in section 13-105 and includes conduct for which a sentence to a term of incarceration is provided by any law of the United States.

3. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or any other acquisition or disposition of property by whatever means.

4. "Transmitting money" means the transmission of money by any means, including transmissions within this country or to or from locations abroad by payment instrument, wire, fax, internet or any other electronic transfer, courier or otherwise.
A.R.S. § 13-719 — Arizona Code / Title 13 / Chapter 7 / Section 719
13-719 Lifetime injunction; offenses; registration; previously sentenced defendants
Status: in_force

13-719. Lifetime injunction; offenses; registration; previously sentenced defendants

A. At the time of sentencing, on the request of the victim or the prosecutor, the superior court shall issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of any of the following offenses, whether completed or preparatory:

1. A dangerous offense as defined in section 13-105 that is a felony.

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

3. A felony offense included in chapter 14 or 35.1 of this title.

4. A felony offense as set forth in section 13-1204, subsection B.

5. A felony offense as set forth in section 13-1424.

6. A felony offense as set forth in section 13-2923.

B. An injunction issued pursuant to subsection A of this section is effective immediately and shall be served on the defendant at the time of sentencing.

C. The court shall provide information to the department of public safety to register the injunction with the national crime information center and shall notify the victim of the injunction.

D. If the victim did not request an injunction at the time of sentencing pursuant to subsection A of this section or the sentencing occurred before September 24, 2022, the victim may submit a petition to the superior court requesting an injunction against a defendant who was sentenced for an offense listed in subsection A of this section, and the court may not charge a fee for filing the petition. A law enforcement agency shall serve an injunction issued pursuant to this subsection at no charge to the victim.

E. An injunction that is issued pursuant to this section does not expire and is valid for the defendant's natural lifetime unless any of the following occurs:

1. The defendant makes a showing to the court that either:

(a) The victim has died.

(b) The conviction has been dismissed, expunged or overturned or the defendant has been pardoned.

2. The victim submits a written request to the court for an early expiration. The court may hold a hearing to verify the victim's request to dismiss the injunction.

F. Notwithstanding any other law, a conviction that is designated a misdemeanor pursuant to section 13-604, set aside pursuant to section 13-905 or sealed pursuant to section 13-911 does not affect the validity of a lifetime injunction that is issued pursuant to this section and does not prohibit a victim from submitting a petition to the superior court requesting a lifetime injunction.
A.R.S. § 13-3727 — Arizona Code / Title 13 / Chapter 37 / Section 3727
13-3727 Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification
Status: in_force

13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification

A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to:

1. If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following:

(a) A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.

(b) A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve.

(c) A child care facility as defined in section 36-881.

2. Knowingly establish a residence and reside within one thousand feet of the real property on which the person's former victim resides.

3. Establish a residence and reside within one thousand feet of the real property on which the person's former victim resides.

B. Subsection A, paragraph 1 of this section does not apply to any of the following:

1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located.

2. A person who is a minor.

3. A person who is currently serving a term of probation.

4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title.

5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.

C. Subsection A, paragraphs 2 and 3 of this section do not apply to:

1. A person who is required to register pursuant to section 13-3821, subsection A, paragraph 19.

2. A person who receives written consent to establish the residence from the victim or, if the victim is a minor, from the parent or guardian of the minor unless the parent or guardian of the minor is the person who was convicted.

D. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section if the person established the residence without knowledge that the victim resided within one thousand feet, the person moved within thirty days after receiving actual knowledge of the victim's residence and the person did not have contact with the victim during that thirty-day period.

E. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.

F. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person's former victim resides.

G. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 or 3 of this section is guilty of a class 6 felony.
A.R.S. § 13-3301 — Arizona Code / Title 13 / Chapter 33 / Section 3301
13-3301 Definitions
Status: in_force

13-3301. Definitions

(Caution:  1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

1. "Amusement gambling" means gambling involving a device, game or contest that is played for entertainment if all of the following apply:

(a) The player or players actively participate in the game or contest or with the device.

(b) The outcome is not in the control to any material degree of any person other than the player or players.

(c) The prizes are not offered as a lure to separate the player or players from their money.

(d) Any of the following:

(i) No benefit is given to the player or players other than an immediate and unrecorded right to replay, which is not exchangeable for value.

(ii) The gambling is an athletic event and no person other than the player or players derives a profit or chance of a profit from the money paid to gamble by the player or players.

(iii) The gambling is an intellectual contest or event, the money paid to gamble is part of an established purchase price for a product, no increment has been added to the price in connection with the gambling event and no drawing or lottery is held to determine the winner or winners.

(iv) Skill and not chance is clearly the predominant factor in the game and the odds of winning the game based on chance cannot be altered, provided the game complies with any licensing or regulatory requirements by the jurisdiction in which it is operated, no benefit for a single win is given to the player or players other than a merchandise prize that has a wholesale fair market value of less than $10 or coupons that are redeemable only at the place of play and only for a merchandise prize that has a fair market value of less than $10 and, regardless of the number of wins, no aggregate of coupons may be redeemed for a merchandise prize with a wholesale fair market value of greater than $550.

2. "Conducted as a business" means gambling that is engaged in with the object of gain, benefit or advantage, either direct or indirect, realized or unrealized, but not if incidental to a bona fide social relationship.

3. "Crane game" means an amusement machine that is operated by player controlled buttons, control sticks or other means, or a combination of the buttons or controls, which is activated by coin insertion into the machine and where the player attempts to successfully retrieve prizes with a mechanical or electromechanical claw or device by positioning the claw or device over a prize.

4. "Event wagering" has the same meaning prescribed in section 5-1301.

5. "Fantasy sports contest" has the same meaning prescribed in section 5-1201.

6. "Gambling", "gamble" or "wager" means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event but does not include bona fide business transactions that are valid under the law of contracts including contracts for the purchase or sale at a future date of securities or commodities, contracts of indemnity or guarantee, life, health or accident insurance and fantasy sports contests as defined in section 5-1201 and conducted pursuant to title 5, chapter 10.

7. "Player" means a natural person who participates in gambling.

8. "Regulated gambling" means either:

(a) Gambling conducted in accordance with a tribal-state gaming compact or otherwise in accordance with the requirements of the Indian gaming regulatory act of 1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168); or

(b) Gambling to which all of the following apply:

(i) It is operated and controlled in accordance with a statute, rule or order of this state or of the United States.

(ii) All federal, state or local taxes, fees and charges in lieu of taxes have been paid by the authorized person or entity on any activity arising out of or in connection with the gambling.

(iii) If conducted by an organization which is exempt from taxation of income under section 501 of the internal revenue code, the organization's records are open to public inspection.

(iv) None of the players is under twenty-one years of age.

(c) Event wagering that is conducted pursuant to title 5, chapter 11.

9. "Social gambling" means gambling that is not conducted as a business and that involves players who compete on equal terms with each other in a gamble if all of the following apply:

(a) No player receives, or becomes entitled to receive, any benefit, directly or indirectly, other than the player's winnings from the gamble.

(b) No other person receives or becomes entitled to receive any benefit, directly or indirectly, from the gambling activity, including benefits of proprietorship, management or unequal advantage or odds in a series of gambles.

(c) None of the players is under twenty-one years of age.

(d) Players "compete on equal terms with each other in a gamble" when no player enjoys an advantage over any other player in the gamble under the conditions or rules of the game or contest.
A.R.S. § 13-3562 — Arizona Code / Title 13 / Chapter 35.1 / Section 3562
13-3562 Notice to communication service provider of website hosting alleged sexual exploitation of children
Status: in_force

13-3562. Notice to communication service provider of website hosting alleged sexual exploitation of children

A. If a law enforcement agency receives information that a communication service provider is hosting a website that contains an alleged violation of this chapter, the law enforcement agency shall notify the communication service provider by serving a notice of the alleged violation on the statutory agent of the communication service provider.

B. The notice shall include specific information on the location of the alleged violation.
A.R.S. § 13-4293 — Arizona Code / Title 13 / Chapter 38 / Article 34 / Section 4293
13-4293 Tracking device search warrant; issuance; grounds; requirements; notice
Status: in_force

13-4293. Tracking device search warrant; issuance; grounds; requirements; notice

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

B. A tracking device search warrant may be issued on any of the following grounds:

1. When the object to be tracked was used, is being used or is about to be used as a means of committing a public offense.

2. When the object to be tracked is in the possession of a person who has committed, is committing or is about to commit a public offense.

3. When the object or person to be tracked constitutes any evidence that tends to show that a particular public offense has been, is being or is about to be committed or tends to show that a particular person has committed or is committing the public offense.

4. When the person to be tracked is the subject of an outstanding arrest warrant.

C. The tracking device search warrant shall authorize use of the tracking device any time of the day or night and shall specify a reasonable length of time that the tracking device may be used that does not exceed sixty days after the date that the tracking device was installed. The court may grant one or more extensions of a tracking device search warrant if an affidavit in support of an extension is made and the court makes the findings required by subsections A and B of this section. The period of each extension may not be longer than the authorizing magistrate deems necessary to achieve the purposes for which the extension was granted and may not exceed sixty days.  If the tracking data is received in this state, the use of the tracking device is authorized under this section regardless of where the tracking device is located. If the tracking device requires installation, the tracking device search warrant authorizes the installation, maintenance and removal of the device.

D. The time of service for installation or maintenance of a tracking device is as prescribed in section 13-3917.

E. A tracking device search warrant must be initiated within ten calendar days after the search warrant's issuance or, if applicable, must be delivered to the communication service provider within ten calendar days after the search warrant is issued. On the expiration of the ten-day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The tracking device search warrant must be returned to a magistrate within three court business days after the authorized period of the search warrant expires. The return must state the time and date that the tracking was initiated and the period during which the tracking occurred.

F. Within ninety days after the tracking device's use ends, a copy of the tracking device search warrant must be served on the person who was tracked or whose property was tracked.  Service may be accomplished by any of the following methods:

1. Delivering a copy to the person who, or whose property, was tracked.

2. Leaving a copy at the person's residence or usual place of abode, if known.

3. Mailing a copy to the person's last known address.

4. Any other method that the court directs.

G. The court may delay the notice of tracking required by subsection F of this section in the same manner prescribed in section 13-3919, subsection B.
A.R.S. § 13-814 — Arizona Code / Title 13 / Chapter 8 / Section 814
13-814 Restitution to pawnbrokers and dealers; definitions
Status: in_force

13-814. Restitution to pawnbrokers and dealers; definitions

A. If the lawful owner of stolen property recovers the property from a pawnbroker or dealer and the person who sold or pledged the property to the pawnbroker or dealer is convicted of a violation of law that is related to the stolen or pledged property, the court shall order the defendant to make restitution to the pawnbroker pursuant to this chapter.

B. For the purposes of this section:

1. "Dealer" has the same meaning prescribed in section 44-1601.

2. "Precious item" has the same meaning prescribed in section 44-1601.

3. "Property" includes a numismatic or bullion gold coin and a precious item.
A.R.S. § 13-607 — Arizona Code / Title 13 / Chapter 6 / Section 607
13-607 Judgment of guilt and sentence document; fingerprint; contents of document; recitations
Status: in_force

13-607. Judgment of guilt and sentence document; fingerprint; contents of document; recitations

A. At the time of sentencing a person who is convicted of a felony offense, a violation of section 13-1802 or 13-1805, a domestic violence offense as defined in section 13-3601 or a violation of chapter 14 of this title or title 28, chapter 4, the court shall execute a judgment of guilt and sentence document or minute order as prescribed by this section.

B. The court shall require either that the defendant's fingerprint be permanently affixed to the document or order or that the defendant's two fingerprint biometric-based identifier be obtained and recorded in the court case file.

C. The document or order shall recite all of the following in addition to any information deemed appropriate by the court:

1. The defendant's full name and date of birth.

2. The name of the counsel for the defendant or, if counsel was waived, the fact that the defendant knowingly, voluntarily and intelligently waived the defendant's right to counsel after having been fully apprised of the defendant's right to counsel.

3. The name, statutory citation and classification of the offense.

4. Whether there was a finding by the trier of fact that the offense was of a dangerous or repetitive nature pursuant to section 13-703 or 13-704 or was committed while released from confinement pursuant to section 13-708.

5. Whether the basis of the finding of guilt was by trial to a jury or to the court, or by plea of guilty or no contest.

6. That there was a knowing, voluntary and intelligent waiver of the right to a jury trial if the finding of guilt was based on a trial to the court.

7. That there was a knowing, voluntary and intelligent waiver of all pertinent rights if the finding of guilt was based on a plea of guilty or no contest.

8. A certification by the court or the clerk of the court that either the defendant's fingerprint was permanently affixed to the document or order or the defendant's two fingerprint biometric-based identifier was obtained and recorded in the court case file.

D. The document or order shall be made a permanent part of the public records of the court, and the recitations contained in the document or order are prima facie evidence of the facts stated in the recitations.

E. If the supreme court has authorized the clerk of the court to maintain an electronic court record, the clerk may maintain only an electronic reproduction or image of the original document or order.
A.R.S. § 13-3971 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3971
13-3971 Bail after examination
Status: in_force

13-3971. Bail after examination

When defendant has been held to answer upon examination for a crime or public offense, admission to bail may be by the magistrate by whom he is held, or by any magistrate who has the power to issue a writ of habeas corpus.
A.R.S. § 13-3420 — Arizona Code / Title 13 / Chapter 34 / Section 3420
13-3420 Unlawful substances; threshold amounts
Status: in_force

13-3420. Unlawful substances; threshold amounts

For purposes of determining if the threshold amount is equaled or exceeded in any single offense or combination of offenses, a percentage of each substance listed by weight in section 13-3401, or any fraction thereof to its threshold amount shall be established. The percentages shall be added to determine if the threshold amount is equaled or exceeded. If the total of the percentages established equals or exceeds one hundred per cent, the threshold amount is equaled or exceeded. If the threshold amount is equaled or exceeded because of the application of this subsection, the person shall be sentenced as if the combination of unlawful substances consisted entirely of the unlawful substance of the greatest proportionate amount. If there are equal proportionate amounts, the person shall be sentenced as if the unlawful substances consisted entirely of the unlawful substance constituting the highest class of offense.
A.R.S. § 13-3919 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3919
13-3919 Receipt for property; definitions
Status: in_force

13-3919. Receipt for property; definitions

A. If an officer takes any property under the warrant, the officer shall give a detailed itemized receipt for the property taken to the person from whom it was taken or in whose possession it was found. If it is not possible to provide the receipt to a person, the officer shall leave the receipt at the place where the property was found.

B. The court may delay for a reasonable period the service of the detailed itemized receipt required by subsection A of this section if all of the following apply:

1. The court finds that there is reasonable cause to believe that the delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.

2. Unless the court finds reasonable necessity for the seizure, the warrant prohibits the seizure of any tangible property, any wire or electronic communication or, except as expressly provided in section 13-3016, any stored wire or electronic information.

3. The warrant provides for service of a detailed itemized receipt within a reasonable period after the execution of the warrant. Extensions for a reasonable period of time may be granted, but only on an application and judicial finding.

C. For the purposes of this section:

1. "Electronic communication" has the same meaning prescribed in section 13-3001.

2. "Wire communication" has the same meaning prescribed in section 13-3001.
A.R.S. § 13-3961 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3961
13-3961 Offenses not bailable; purpose; preconviction; exceptions
Status: in_force

13-3961. Offenses not bailable; purpose; preconviction; exceptions

A. A person who is in custody shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense charged is one of the following:

1. A capital offense.

2. Sexual assault.

3. Sexual conduct with a minor under either of the following circumstances:

(a) At the time of the offense, the person was at least eighteen years of age and the victim was under thirteen years of age.

(b) At the time of the offense, the victim was thirteen or fourteen years of age and the person was at least ten years older than the victim.

4. Molestation of a child under either of the following circumstances:

(a) At the time of the offense, the person was at least eighteen years of age and the victim was under thirteen years of age.

(b) At the time of the offense, the victim was thirteen or fourteen years of age and the person was at least ten years older than the victim.

5. A serious felony offense if there is probable cause to believe that the person has entered or remained in the United States illegally. For the purposes of this paragraph:

(a) The court shall consider all of the following in making a determination that a person has entered or remained in the United States illegally:

(i) Whether a hold has been placed on the arrested person by the United States immigration and customs enforcement.

(ii) Any indication by a law enforcement agency that the person is in the United States illegally.

(iii) Whether an admission by the arrested person has been obtained by the court or a law enforcement agency that the person has entered or remained in the United States illegally.

(iv) Any information received from a law enforcement agency pursuant to section 13-3906.

(v) Any evidence that the person has recently entered or remained in the United States illegally.

(vi) Any other relevant information that is obtained by the court or that is presented to the court by a party or any other person.

(b) "Serious felony offense" means any class 1, 2, 3 or 4 felony or any violation of section 28-1383.

B. The purposes of bail and any conditions of release that are set by a judicial officer include:

1. Assuring the appearance of the accused.

2. Protecting against the intimidation of witnesses.

3. Protecting the safety of the victim, any other person or the community.

C. The initial determination of whether an offense is bailable pursuant to subsection A of this section shall be made by the magistrate or judicial officer at the time of the person's initial appearance.

D. Except as provided in subsection A of this section, a person who is in custody shall not be admitted to bail if the person is charged with a felony offense and the state certifies by motion and the court finds after a hearing on the matter that there is clear and convincing evidence that the person charged poses a substantial danger to another person or the community or engaged in conduct constituting a violent offense, that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community and that the proof is evident or the presumption great that the person committed the offense for which the person is charged.  For the purposes of this subsection, "violent offense" means either of the following:

1. A dangerous crime against children.

2. Terrorism.

E. On oral motion of the state, the court shall order the hearing required by subsection D of this section at or within twenty-four hours of the initial appearance unless the person who is subject to detention or the state moves for a continuance.  A continuance that is granted on the motion of the person shall not exceed five calendar days unless there are extenuating circumstances.  A continuance on the motion of the state shall be granted on good cause shown and shall not exceed twenty-four hours.  The prosecutor shall provide reasonable notice and an opportunity for victims and witnesses to be present and heard at any hearing.  The person may be detained pending the hearing. The person is entitled to representation by counsel and is entitled to present information by proffer or otherwise, to testify and to present witnesses in the person's own behalf.  Testimony of the person charged that is given during the hearing shall not be admissible on the issue of guilt in any subsequent judicial proceeding, except as it might relate to the compliance with or violation of any condition of release subsequently imposed or the imposition of appropriate sentence or in perjury proceedings, or for the purposes of impeachment.  The case of the person shall be placed on an expedited calendar and, consistent with the sound administration of justice, the person's trial shall be given priority.  The person may be admitted to bail in accordance with the Arizona rules of criminal procedure whenever a judicial officer finds that a subsequent event has eliminated the basis for detention.

F. The finding of an indictment or the filing of an information does not add to the strength of the proof or the presumption to be drawn.

G. In a hearing pursuant to subsection D of this section, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.
A.R.S. § 13-3873 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3873
13-3873 Provisions cumulative and supplemental
Status: in_force

13-3873. Provisions cumulative and supplemental

The provisions of this article are cumulative and supplemental and are in addition to any other authority granted by other provisions of law.
A.R.S. § 13-3625 — Arizona Code / Title 13 / Chapter 36 / Section 3625
13-3625 Unlawful sale or purchase of children; classification
Status: in_force

13-3625. Unlawful sale or purchase of children; classification

A. Except for adoptions pursuant to title 8, chapter 1 and guardianships pursuant to title 14, chapter 5, a person shall not sell or offer to sell a child for money or other valuable consideration and shall not purchase or offer to purchase a child in exchange for money or other valuable consideration.

B. A person who violates this section is guilty of a class 5 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
A.R.S. § 13-3111 — Arizona Code / Title 13 / Chapter 31 / Section 3111
13-3111 Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification
Status: in_force

13-3111. Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification

A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the unemancipated person's parent or guardian, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property owned or leased by the minor or the minor's parent, grandparent or guardian.

B. This section does not apply to a person who is fourteen, fifteen, sixteen or seventeen years of age and who is any of the following:

1. Engaged in lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

2. Engaged in lawful transportation of an unloaded firearm for the purpose of lawful hunting.

3. Engaged in lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for the purpose of shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

4. Engaged in activities requiring the use of a firearm that are related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.

C. If the minor is not exempt under subsection B and is in possession of a firearm, a peace officer shall seize the firearm at the time the violation occurs.

D. In addition to any other penalty provided by law, a person who violates subsection A shall be subject to the following penalties:

1. If adjudicated a delinquent juvenile for an offense involving an unloaded firearm, a fine of not more than two hundred fifty dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

2. If adjudicated a delinquent juvenile for an offense involving a loaded firearm, a fine of not more than five hundred dollars, and the court may order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of the adjudication, the court may direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age.

3. If adjudicated a delinquent juvenile for an offense involving a loaded or unloaded firearm, if the person possessed the firearm while the person was the driver or an occupant of a motor vehicle, a fine of not more than five hundred dollars and the court shall order the suspension or revocation of the person's driver license until the person reaches eighteen years of age. If the person does not have a driver license at the time of adjudication, the court shall direct that the department of transportation not issue a driver license to the person until the person reaches eighteen years of age. If the court finds that no other means of transportation is available, the driving privileges of the child may be restricted to travel between the child's home, school and place of employment during specified periods of time according to the child's school and employment schedule.

E. Firearms seized pursuant to subsection C shall be held by the law enforcement agency responsible for the seizure until the charges have been adjudicated or disposed of otherwise or the person is convicted. Upon adjudication or conviction of a person for a violation of this section, the court shall order the firearm forfeited. However, the law enforcement agency shall return the firearm to the lawful owner if the identity of that person is known.

F. If the court finds that the parent or guardian of a minor found responsible for violating this section knew or reasonably should have known of the minor's unlawful conduct and made no effort to prohibit it, the parent or guardian is jointly and severally responsible for any fine imposed pursuant to this section or for any civil actual damages resulting from the unlawful use of the firearm by the minor.

G. This section is supplemental to any other law imposing a criminal penalty for the use or exhibition of a deadly weapon. A minor who violates this section may be prosecuted and adjudicated delinquent for any other criminal conduct involving the use or exhibition of the deadly weapon.

H. A person who violates subsection A is guilty of a class 6 felony.
A.R.S. § 13-1408 — Arizona Code / Title 13 / Chapter 14 / Section 1408
13-1408 Adultery; classification; punishment; limitation on prosecution
Status: in_force

13-1408. Adultery; classification; punishment; limitation on prosecution

A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.

B. No prosecution for adultery shall be commenced except upon complaint of the husband or wife.
A.R.S. § 13-2102 — Arizona Code / Title 13 / Chapter 21 / Section 2102
13-2102 Theft of a credit card or obtaining a credit card by fraudulent means; classification
Status: in_force

13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification

A. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person:

1. Controls a credit card without the cardholder's or issuer's consent through conduct prescribed in section 13-1802 or 13-1804; or

2. Sells, transfers or conveys a credit card with the intent to defraud; or

3. With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt.

B. Theft of a credit card or obtaining a credit card by fraudulent means is a class 5 felony.
A.R.S. § 13-4295.03 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.03
13-4295.03 Order to return to foreign nation
Status: in_force

13-4295.03. Order to return to foreign nation

(Caution:  1998 Prop. 105 applies)

A. At any time before a person is convicted of or adjudicated for a violation of section 13-4295.01, a court may dismiss the charge pending against the person and issue a written order in accordance with subsection B of this section.

B. A written order authorized by subsection A of this section shall discharge the person and require the person to return to the foreign nation from which the person entered or attempted to enter the United States or the person's nation of origin and may be issued if all of the following apply:

1. The person agrees to the order.

2. The person has not previously been convicted of an offense under this article or previously obtained a discharge under an order issued pursuant to this section.

3. The person is not charged with another class 1 misdemeanor or any felony offense.

4. Before the issuance of the order, the arresting law enforcement agency does both of the following:

(a) Collects all identifying information of the person, which must include taking fingerprints from the person and using other applicable photographic and biometric measures to identify the person.

(b) Cross-references the collected information with all relevant local, state and federal criminal databases and federal lists or classifications that are used to identify a person as a threat or potential threat to national security.

C. On conviction of an offense under this article, the judge shall enter an order that requires the person to return to the foreign nation from which the person entered or attempted to enter the United States or the person's nation of origin.  An order issued under this subsection takes effect on completion of any term of incarceration or imprisonment.

D. An order that is issued under this section must include an authorization that allows a state or local law enforcement agency to transport the person to a port of entry or to any other point of transfer into federal custody.
A.R.S. § 13-4231 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4231
13-4231 Scope of post-conviction relief
Status: in_force

13-4231. Scope of post-conviction relief

Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief on any of the following grounds:

1. The conviction or the sentence was in violation of the Constitution of the United States or of this state.

2. The court was without jurisdiction to render judgment or to impose sentence.

3. The sentence imposed exceeded the maximum authorized by law or is otherwise not in accordance with the sentence authorized by law.

4. The person is being held in custody after his sentence has expired.

5. Newly discovered material facts probably exist and that the facts probably would have changed the verdict or sentence. Newly discovered material facts exist if:

(a) The newly discovered material facts were discovered after the trial.

(b) The defendant exercised due diligence in securing the newly discovered material facts.

(c) The newly discovered material facts are not merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony which was of critical significance at trial such that the evidence probably would have changed the verdict or sentence.

6. The defendant's failure to appeal from the judgment or sentence, or both, within the prescribed time was without fault on his part.

7. There has been a significant change in the law that if determined to apply to the defendant's case would probably overturn the defendant's conviction or sentence.
A.R.S. § 13-201 — Arizona Code / Title 13 / Chapter 2 / Section 201
13-201 Requirements for criminal liability
Status: in_force

13-201. Requirements for criminal liability

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing.
A.R.S. § 13-2813 — Arizona Code / Title 13 / Chapter 28 / Section 2813
13-2813 Unlawful disclosure of an indictment, information or complaint; classification
Status: in_force

13-2813. Unlawful disclosure of an indictment, information or complaint; classification

A. A person commits unlawful disclosure of an indictment, information or complaint if the person knowingly discloses the fact that an indictment, information or complaint has been found or filed before the accused person is in custody or has been served with a summons, except in the proper discharge of official duties, at the discretion of the prosecutor to inform a victim of the status of the case or as authorized by the court in furtherance of justice.

B. This section does not apply to offenses that are created by city or county ordinance.

C. Unlawful disclosure of an indictment, information or complaint is a class 1 misdemeanor.
A.R.S. § 13-609 — Arizona Code / Title 13 / Chapter 6 / Section 609
13-609 Transfer of criminal justice information; definition
Status: in_force

13-609. Transfer of criminal justice information; definition

A. If a person is found incompetent by a court pursuant to rule 11, Arizona rules of criminal procedure, the court shall transmit the case information and the date of the incompetency finding to the supreme court. The supreme court shall transmit the case information and the date of the incompetency finding to the department of public safety. The department of public safety shall transmit the case information and the date of the incompetency finding to the national instant criminal background check system.

B. If a person is subsequently found competent, the court shall transmit the case information to the supreme court.  The supreme court shall transmit the finding of competency to the department of public safety.  The department of public safety shall transmit the finding of competency to the national instant criminal background check system.

C. If a person is found guilty except insane, the court shall transmit the case information and the date of the verdict to the supreme court.  The supreme court shall transmit the case information and the date of the verdict to the department of public safety.  The department of public safety shall transmit the case information and the date of the verdict to the national instant criminal background check system.

D. On request, the clerk of the court that originally found the defendant incompetent or in which the defendant was found guilty except insane shall provide certified copies of the order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.

E. For the purposes of this section, "case information" means the person's name, sex and date of birth, the last four digits of the person's social security number, if available, the court case number and the court originating agency identification number.
A.R.S. § 13-2512 — Arizona Code / Title 13 / Chapter 25 / Section 2512
13-2512 Hindering prosecution in the first degree; classification
Status: in_force

13-2512. Hindering prosecution in the first degree; classification

A. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any felony, the person renders assistance to the other person.

B. Hindering prosecution in the first degree is a class 5 felony, except that it is a class 3 felony if either:

1. The person knows or has reason to know that the offense involves terrorism or murder.

2. The person commits the offense with the intent to promote, further or assist a criminal street gang.
A.R.S. § 13-115 — Arizona Code / Title 13 / Chapter 1 / Section 115
13-115 Presumption of innocence and benefit of doubt; degrees of guilt
Status: in_force

13-115. Presumption of innocence and benefit of doubt; degrees of guilt

A. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to be acquitted.

B. When it appears that a defendant has committed a crime or public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he may be convicted of the lowest of such degrees only.
A.R.S. § 13-3833 — Arizona Code / Title 13 / Chapter 38 / Article 4 / Section 3833
13-3833 Arrest and hearing; duty of officer and magistrate
Status: in_force

13-3833. Arrest and hearing; duty of officer and magistrate

If an arrest is made in this state by an officer of another state in accordance with the provisions of section 13-3832, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
A.R.S. § 13-2205 — Arizona Code / Title 13 / Chapter 22 / Section 2205
13-2205 Defrauding judgment creditors; classification
Status: in_force

13-2205. Defrauding judgment creditors; classification

A. A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.

B. Defrauding judgment creditors is a class 6 felony.
A.R.S. § 13-3871 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3871
13-3871 Authority of peace officers
Status: in_force

13-3871. Authority of peace officers

The authority of a peace officer may extend in any of the following circumstances to any place within the state:

1. Where he has the prior consent of the chief of police, marshal, sheriff, or other department or agency head with peace officer jurisdiction, or his duly authorized representative, having the primary responsibility for law enforcement within the jurisdiction or territory.

2. Under any of the circumstances set forth in section 13-3883.
A.R.S. § 13-4062 — Arizona Code / Title 13 / Chapter 38 / Article 20 / Section 4062
13-4062 Anti-marital fact privilege; other privileged communications
Status: in_force

13-4062. Anti-marital fact privilege; other privileged communications

A person shall not be examined as a witness in the following cases:

1. A husband for or against his wife without her consent, nor a wife for or against her husband without his consent, as to events occurring during the marriage, nor can either, during the marriage or afterwards, without consent of the other, be examined as to any communication made by one to the other during the marriage.  These exceptions do not apply in a criminal action or proceeding for a crime committed by the husband against the wife, or by the wife against the husband, nor in a criminal action or proceeding against the husband for abandonment, failure to support or provide for or failure or neglect to furnish the necessities of life to the wife or the minor children.  Either spouse may be examined as a witness for or against the other in a prosecution for an offense listed in section 13-706, subsection F, paragraph  1, for bigamy or adultery, committed by either spouse, or for sexual assault committed by the husband if either of the following occurs:

(a) Before testifying, the testifying spouse makes a voluntary statement to a law enforcement officer during an investigation of the offense or offenses about the events that gave rise to the prosecution or about any statements made to the spouse by the other spouse about those events.

(b) Either spouse requests to testify.

2. An attorney, without consent of the attorney's client, as to any communication made by the client to the attorney, or the attorney's advice given in the course of professional employment.

3. A clergyman or priest, without consent of the person making the confession, as to any confession made to the clergyman or priest in his professional character in the course of discipline enjoined by the church to which the clergyman or priest belongs.

4. A physician or surgeon, without consent of the physician's or surgeon's patient, as to any information acquired in attending the patient which was necessary to enable the physician or surgeon to prescribe or act for the patient.
A.R.S. § 13-3859.01 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3859.01
13-3859.01 Local criminal prosecution; continuance of status; time limits tolled
Status: in_force

13-3859.01. Local criminal prosecution; continuance of status; time limits tolled

A. If this state initiates criminal prosecution under the laws of this state against a person who is charged pursuant to section 13-3853 or 13-3854, the length of commitment restrictions under sections 13-3855 and 13-3857 are tolled during the period that the criminal prosecution is pending disposition in this state. The Arizona court shall retain jurisdiction over the fugitive matter and shall continue in effect the fugitive release conditions until one of the following occurs:

1. The local criminal prosecution is disposed.

2. The fugitive matter is vacated pursuant to section 13-3859.02.

3. The governor issues a directive pursuant to subsection B of this section.

B. If a fugitive is sentenced to serve a term of imprisonment in a correctional facility in the state department of corrections or county jail, on the governor's directive the Arizona court having jurisdiction of the fugitive matter shall vacate the pending proceedings and shall direct the sheriff to provide written notice to the requesting state of the term and place of the fugitive's imprisonment in this state. The fugitive matter will then proceed pursuant to section 13-3859.02.
A.R.S. § 13-4307 — Arizona Code / Title 13 / Chapter 39 / Section 4307
13-4307 Notice of pending forfeiture
Status: in_force

13-4307. Notice of pending forfeiture

A. Within sixty days after making a seizure for forfeiture or simultaneously on filing a related criminal indictment, the state shall file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. A notice of pending forfeiture proceeding must include all of the following:

1. A description of the property seized.

2. The date and place of seizure of the property.

3. The name and address of the law enforcement agency making the seizure.

4. The specific statutory and factual grounds for the seizure.

B. If the property sought to be forfeited is real property, including fixtures, the attorney for the state may file a lis pendens or a notice of pending forfeiture with respect to the property with the county recorder of the county where the property is located, in addition to any lien provided by section 13-2314.02 without a filing fee or other charge.

C. A notice of pending forfeiture proceeding must be delivered as follows:

1. If the owner's or interest holder's name and current address are known, by either:

(a) Personal service.

(b) Mailing a copy of the notice by certified mail to the address.

2. If the owner's or interest holder's interest is required by law to be on record with a county recorder's office, the secretary of state, the motor vehicle division of the department of transportation, the Arizona game and fish department or another state or federal licensing agency in order to perfect an interest in the property, but his current address is not known, by mailing a copy of the notice by certified mail to any address on the record.

3. If the owner's or interest holder's address is not known, and is not on record as provided in paragraph 2 of this subsection, or if his interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs.

D. The notice of pending forfeiture proceeding must also be served on the person's attorney of record and all persons known or reasonably believed by the state to claim an interest in the property.

E. An owner of or interest holder in the property may file a claim against the property at any time within sixty days after the notice or sixty days before a criminal trial, whichever is later, requesting a hearing to adjudicate the validity of the claimed interest in the property.  An owner or interest holder may not be charged a filing fee or any other charge for filing the claim.  Copies of the claim shall be mailed to the seizing agency and to the attorney for the state.

F. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:

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

2. The address at which the claimant will accept future mailings from the court or the attorney for the state.

3. The nature and extent of the claimant's interest in the property.

4. All facts supporting the claimant's claim in the property and its return to the claimant.

5. The precise relief sought.
A.R.S. § 13-4105 — Arizona Code / Title 13 / Chapter 38 / Article 24 / Section 4105
13-4105 Use of deposition at trial; objection to testimony
Status: in_force

13-4105. Use of deposition at trial; objection to testimony

The deposition may be read in evidence by either party on the trial, when it appears that the witness is unable to attend, by reason of death, insanity, sickness or infirmity, or of his continued absence from the state, and subject to the same objections to a question or answer therein as if the witness were examined in court.
A.R.S. § 13-3608 — Arizona Code / Title 13 / Chapter 36 / Section 3608
13-3608 Incest; classification
Status: in_force

13-3608. Incest; classification

Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of a class 4 felony.
A.R.S. § 13-3848 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3848
13-3848 Manner and place of execution
Status: in_force

13-3848. Manner and place of execution

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this article, to the duly authorized agent of the demanding state.
A.R.S. § 13-3969 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3969
13-3969 Bail bond agent lists; prohibition; rotation; acceptance of bonds
Status: in_force

13-3969. Bail bond agent lists; prohibition; rotation; acceptance of bonds

A. The sheriff or keeper of a county or city jail shall provide to a person charged with a bailable offense in his custody a list containing the names and telephone numbers of those persons authorized to post bail bonds in the county.  Persons authorized to post bail bonds in the county may be listed under their own name or a trade name if the trade name is registered with the secretary of state.  The list shall be updated monthly. Each month the clerk of the court shall transmit the list electronically to county and city jails and shall rotate the order of the names and telephone numbers on the list.

B. The sheriff or keeper of a county or city jail shall not recommend any bail bond agent, private person or private company to a person charged with a bailable offense in the sheriff's or keeper's custody.

C. The sheriff or keeper of a county or city jail in the county or city in which criminal charges are filed or in which the person charged is jailed shall accept the bond from any person.

D. The sheriff or keeper of a county or city jail shall accept the secured appearance bond from an employee of a bail bond agent if the employee has proper bail agency identification.

E. If bail is authorized by the court, the sheriff or keeper of a county or city jail shall directly accept secured appearance bonds, money orders, cashier's checks or cash for the release of persons in the custody of the sheriff or keeper.  The sheriff or keeper of a county or city jail shall be open to accept secured appearance bonds, money orders, cashier's checks or cash twenty-four hours a day, every day, including holidays.
A.R.S. § 13-2910.03 — Arizona Code / Title 13 / Chapter 29 / Section 2910.03
13-2910.03 Cockfighting; classification
Status: in_force

13-2910.03. Cockfighting; classification

(Caution: 1998 Prop. 105 applies)

A. A person commits cockfighting by knowingly:

1. Owning, possessing, keeping or training any cock with the intent that such cock engage in an exhibition of fighting with another cock.

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

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

B. Cockfighting is a class 5 felony.

C. For purposes of this section and section 13-2910.04, cock means any male chicken, including game fowl except wildlife as defined in Arizona Revised Statutes section 17-101.
A.R.S. § 13-3602 — Arizona Code / Title 13 / Chapter 36 / Section 3602
13-3602 Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition
Status: in_force

13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition

A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence.  If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise.  The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff.  After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff.  For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.

B. An order of protection shall not be granted:

1. Unless the party who requests the order files a written verified petition for an order.

2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state the:

1. Name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.

2. Name and address, if known, of the defendant.

3. Specific statement, including dates, of the domestic violence alleged.

4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage.

5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained.

6. Desired relief.

D. A fee shall not be charged for filing a petition under this section or for service of process. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area.

E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:

1. The defendant may commit an act of domestic violence.

2. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period.

F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted.  If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant.

G. If a court issues an order of protection, the court may do any of the following:

1. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence.

2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result.  If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph.  While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section.

3. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.

4. If the court finds that the defendant is a credible threat to the physical safety of the plaintiff or other specifically designated persons, prohibit the defendant from possessing or purchasing a firearm for the duration of the order.  If the court prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order. If the defendant does not immediately transfer the firearm, the defendant shall transfer the firearm within twenty-four hours after service of the order.

5. If the order was issued after notice and a hearing at which the defendant had an opportunity to participate, require the defendant to complete a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other program deemed appropriate by the court.

6. Grant relief that is necessary for the protection of the alleged victim and other specifically designated persons and that is proper under the circumstances.

7. Grant the plaintiff the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the plaintiff, the defendant or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal.

H. The court shall not grant a mutual order of protection. If opposing parties separately file verified petitions for an order of protection, the courts after consultation between the judges involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross orders of protection.

I. After granting an order of protection, the court shall provide the order to a law enforcement agency or a constable as set forth in subsection J of this section for service or to an entity that is authorized in subsection K of this section to serve process. The agency or entity serving the order shall provide confirmation of service to the plaintiff as soon as practicable. If service of an order cannot be completed within fifteen days after the agency or entity receives the order, the agency or entity that is attempting service shall notify the plaintiff and continue to attempt service. This notification may be completed by a victim notification system, if available.

J. If the order of protection is provided to a law enforcement agency or a constable, service of an order of protection is as follows:

1. For each order of protection that is issued by a municipal court, if the defendant can be served within that city or town, the order shall be served by the law enforcement agency of that city or town. If the order can be served in another city or town, the order shall be served by the law enforcement agency of that city or town.  If the order cannot be served within a city or town, the order shall be served by the sheriff or constable of the county in which the defendant can be served.

2. For each order of protection that is issued by a justice of the peace, the order of protection shall be served by the sheriff or constable of the county in which the defendant can be served or by a municipal law enforcement agency.

3. For each order of protection that is issued by a superior court judge or commissioner, the order of protection shall by served by the sheriff or constable of the county where the defendant can be served.

K. In addition to persons authorized to serve process pursuant to rule 4(d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an order of protection that is issued pursuant to this section.  Service of the order of protection has priority over other service of process that does not involve an immediate threat to the safety of a person.

L. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request.  No fee may be charged for requesting a hearing.  A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. The hearing shall be held at the earliest possible time. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the order. If the exclusive use of the home is awarded to the party, the court, on written request of a party, may hold additional hearings at any time if there is a change in circumstances related to the primary residence.

M. The order shall include the following statement:

Warning

This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

N. An order of protection that is not served on the defendant within one year after the date that the order is issued expires. An order is effective on the defendant on service of a copy of the order and petition. An order expires two years after service on the defendant. A modified order is effective on service and expires two years after service of the initial order and petition.

O. A supplemental information form that is used by the court or a law enforcement agency solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential.

P. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. This filing shall be completed in person, electronically or by fax.

Q. The supreme court shall maintain a central repository for orders of protection.  Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall enter the order and proof of service into the supreme court's central repository for orders of protection. The supreme court shall register the order with the national crime information center. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of two years from the date of service of the order on the defendant.

R. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer. Criminal violations of an order issued pursuant to this section shall be referred to an appropriate law enforcement agency. The provisions for release under section 13-3883, subsection A, paragraph 4 and section 13-3903 do not apply to an arrest made pursuant to this section.  For the purposes of this section, any court in this state has jurisdiction to enforce a valid order of protection that is issued in this state and that has been violated in any jurisdiction in this state.

S. A person who is arrested pursuant to subsection R of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for any other additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. The agency with custody of the defendant shall make reasonable efforts to contact the victim and other specifically designated persons in the order of protection, if known to the custodial agency, who requested notification immediately on release of the arrested person from custody.

T. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties.  A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal.  For the purposes of this subsection, "pending" means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that:

1. An action has been commenced but a final judgment, decree or order has not been entered.

2. A post-decree proceeding has been commenced but a judgment, decree or order finally determining the proceeding has not been entered.

U. A peace officer who makes an arrest pursuant to this section or section 13-3601 is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice.

V. A valid protection order that is related to domestic or family violence and that is issued by a court in another state, a court of a United States territory or a tribal court shall be accorded full faith and credit and shall be enforced as if it were issued in this state for as long as the order is effective in the issuing jurisdiction. For the purposes of this subsection:

1. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding.  The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection.

2. A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a United States territory or an Indian tribe and the person against whom the order was issued had reasonable notice and an opportunity to be heard.  If the order is issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, a United States territory or an Indian tribe and within a reasonable time after the order was issued.

3. A mutual protection order that is issued against both the party who filed a petition or a complaint or otherwise filed a written pleading for protection against abuse and the person against whom the filing was made is not entitled to full faith and credit if either:

(a) The person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order.

(b) The issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order.

4. A peace officer may presume the validity of and rely on a copy of a protection order that is issued by another state, a United States territory or an Indian tribe if the order was given to the officer by any source.  A peace officer may also rely on the statement of any person who is protected by the order that the order remains in effect. A peace officer who acts in good faith reliance on a protection order is not civilly or criminally liable for enforcing the protection order pursuant to this section.

W. For the purposes of this section, "victim notification system" means an automated system that may provide plaintiffs and crime victims with an automated notification regarding the person's case.
A.R.S. § 13-817 — Arizona Code / Title 13 / Chapter 8 / Section 817
13-817 Objection to garnishment; hearing; discharge of garnishee
Status: in_force

13-817. Objection to garnishment; hearing; discharge of garnishee

A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a hearing. The party shall state the grounds for objection in writing and shall deliver copies of the objection to all of the parties to the writ.

B. The court shall hold a hearing on an objection to the writ or the answer within ten days after receiving the request. The court may continue the hearing for good cause on terms the court deems appropriate.

C. The court may discharge the garnishee from the writ of criminal restitution if it appears from the garnishee's answer that the garnishee did not owe earnings to the defendant or have the defendant's indebtedness, monies, property or stock in the garnishee's possession and if no written objection to the answer is filed. The court shall enter an order discharging the garnishee.
A.R.S. § 13-1705 — Arizona Code / Title 13 / Chapter 17 / Section 1705
13-1705 Arson of an occupied jail or prison facility; classification.
Status: in_force

13-1705. Arson of an occupied jail or prison facility; classification.

A. A person commits arson of an occupied jail or prison facility by knowingly causing a fire or explosion which results in physical damage to the jail or prison facility.

B. Arson of an occupied jail or prison facility is a class 4 felony.
A.R.S. § 13-2316.01 — Arizona Code / Title 13 / Chapter 23 / Section 2316.01
13-2316.01 Unlawful possession of an access device; classification
Status: in_force

13-2316.01. Unlawful possession of an access device; classification

A. A person commits unlawful possession of an access device by knowingly possessing, trafficking in, publishing or controlling an access device without the consent of the issuer, owner or authorized user and with the intent to use or distribute that access device.

B. The possession, trafficking, publishing or control of five or more access devices without the consent of the issuer, owner or authorized user may give rise to an inference that the person possessing, trafficking in, publishing or controlling the access devices intended to use or distribute the devices.

C. Unlawful possession of one hundred or more access devices is a class 4 felony.  Unlawful possession of five or more but fewer than one hundred access devices is a class 5 felony.  Unlawful possession of fewer than five access devices is a class 6 felony.
A.R.S. § 13-4419 — Arizona Code / Title 13 / Chapter 40 / Section 4419
13-4419 Victim conference with prosecuting attorney
Status: in_force

13-4419. Victim conference with prosecuting attorney

A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a criminal offense, including the victim's views about a decision not to proceed with a criminal prosecution, dismissal, plea or sentence negotiations and pretrial diversion programs.

B. On request of the victim, the prosecuting attorney shall confer with the victim before the commencement of the trial.

C. The right of the victim to confer with the prosecuting attorney does not include the authority to direct the prosecution of the case.
A.R.S. § 13-3845 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3845
13-3845 Extradition documents; contents
Status: in_force

13-3845. Extradition documents; contents

A. A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:

1. Except in cases arising under section 13-3846, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;

2. The accused is now in this state; and

3. The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of a crime in that state and has escaped from confinement or broken his parole.

B. In addition to the information required by subsection A of this section, a warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand include:

1. A photograph and photo affidavit identifying the accused as the fugitive charged with the offense; or

2. Fingerprints certified by the issuing authority that can be used to identify the accused as the fugitive charged with the offense.
A.R.S. § 13-706 — Arizona Code / Title 13 / Chapter 7 / Section 706
13-706 Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
Status: in_force

13-706. Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions

A. A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a serious offense except a drug offense, first degree murder or any dangerous crime against children as defined in section 13-705, whether a completed or preparatory offense, and who has previously been convicted of two or more serious offenses not committed on the same occasion shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the person has served at least twenty-five years or the sentence is commuted.

B. Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years.

C. In order for the penalty under subsection B of this section to apply, both of the following must occur:

1. The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.

2. The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.

D. Chapter 3 of this title applies to all offenses under this section.

E. For the purposes of this section, if a person has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in this section and that has the same elements of an offense listed in this section, the offense committed in another jurisdiction is considered an offense committed in this state.

F. For the purposes of this section:

1. "Serious offense" means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

(a) First degree murder.

(b) Second degree murder.

(c) Manslaughter.

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

(e) Sexual assault.

(f) Any dangerous crime against children.

(g) Arson of an occupied structure.

(h) Armed robbery.

(i) Burglary in the first degree.

(j) Kidnapping.

(k) Sexual conduct with a minor under fifteen years of age.

(l) Child sex trafficking.

2. "Violent or aggravated felony" means any of the following offenses:

(a) First degree murder.

(b) Second degree murder.

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

(d) Dangerous or deadly assault by prisoner.

(e) Committing assault with intent to incite to riot or participate in riot.

(f) Drive by shooting.

(g) Discharging a firearm at a residential structure if the structure is occupied.

(h) Kidnapping.

(i) Sexual conduct with a minor that is a class 2 felony.

(j) Sexual assault.

(k) Molestation of a child.

(l) Continuous sexual abuse of a child.

(m) Violent sexual assault.

(n) Burglary in the first degree committed in a residential structure if the structure is occupied.

(o) Arson of an occupied structure.

(p) Arson of an occupied jail or prison facility.

(q) Armed robbery.

(r) Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.

(s) Terrorism.

(t) Taking a child for the purpose of prostitution.

(u) Child sex trafficking.

(v) Commercial sexual exploitation of a minor.

(w) Sexual exploitation of a minor.

(x) Unlawful introduction of disease or parasite as prescribed by section 13-2912, subsection A, paragraph 2 or 3.