A.R.S. § 13-1403 — Arizona Code / Title 13 / Chapter 14 / Section 1403
13-1403 Public sexual indecency; public sexual indecency to a minor; classification
Status: in_force

13-1403. Public sexual indecency; public sexual indecency to a minor; classification

A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act:

1. An act of sexual contact.

2. An act of oral sexual contact.

3. An act of sexual intercourse.

4. An act of bestiality.

B. A person commits public sexual indecency to a minor if the person intentionally or knowingly engages in any of the acts listed in subsection A of this section and such person is reckless about whether a minor who is under fifteen years of age is present.

C. Public sexual indecency is a class 1 misdemeanor. Public sexual indecency to a minor is a class 5 felony.

D. A person who is convicted of a felony violation of this section and who has two or more historical prior felony convictions for a violation of this section or section 13-1402 involving indecent exposure or public sexual indecency to a minor who is under fifteen years of age shall be sentenced to a term of imprisonment as follows:

Mitigated     Minimum Presumptive   Maximum      Aggravated

6 years     8 years     10 years    12 years    15 years

E. The presumptive term imposed pursuant to subsection D of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
A.R.S. § 13-2806 — Arizona Code / Title 13 / Chapter 28 / Section 2806
13-2806 Receiving a bribe by a juror; classification
Status: in_force

13-2806. Receiving a bribe by a juror; classification

A. A juror commits receiving a bribe by a juror if such person knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror may be influenced.

B. Receiving a bribe by a juror is a class 5 felony.
A.R.S. § 13-4402 — Arizona Code / Title 13 / Chapter 40 / Section 4402
13-4402 Implementation of rights and duties
Status: in_force

13-4402. Implementation of rights and duties

A. Except as provided in sections 13-4405 and 13-4433 and section 13-4408, subsection B, the rights and duties that are established by this chapter arise on the arrest or formal charging of the person or persons who are alleged to be responsible for a criminal offense against a victim. The rights and duties continue to be enforceable pursuant to this chapter until the final disposition of the charges, including acquittal or dismissal of the charges, all post-conviction release and relief proceedings and the discharge of all criminal proceedings relating to restitution. If a defendant is ordered to pay restitution to a victim, the rights and duties continue to be enforceable by the court until restitution is paid.

B. If a defendant's conviction is reversed and the case is returned to the trial court for further proceedings, the victim has the same rights that were applicable to the criminal proceedings that led to the appeal or other post-conviction relief proceeding.

C. After the final termination of a criminal prosecution by dismissal with prejudice or acquittal, a person who has received notice and the right to be present and heard pursuant to the victims' rights act, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rule is no longer entitled to such rights.
A.R.S. § 13-101.01 — Arizona Code / Title 13 / Chapter 1 / Section 101.01
13-101.01 Additional purposes of the criminal law
Status: in_force

13-101.01. Additional purposes of the criminal law

In order to preserve and protect the rights of crime victims to justice and the right of the people to safety, it is a fundamental purpose of the criminal law to identify and remove from society persons whose conduct continues to threaten public safety through the commission of violent or aggravated felonies after having been convicted twice previously of violent or aggravated felony offenses.
A.R.S. § 13-4701 — Arizona Code / Title 13 / Chapter 43 / Section 4701
13-4701 Definitions
Status: in_force

13-4701. Definitions

In this chapter, unless the context otherwise requires:

1. "Chop shop" means any building, lot or other premises in which one or more persons alters, destroys, disassembles, dismantles, reassembles or stores at least one motor vehicle or watercraft or two or more motor vehicle or watercraft parts from at least one vehicle or watercraft that the person or persons knows were obtained by theft, fraud or conspiracy to defraud with the intent to:

(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate or remove the identity of the motor vehicles or motor vehicle parts, including the vehicle identification number for the purpose of misrepresenting or preventing the identification of the motor vehicles or motor vehicle parts.

(b) Sell or dispose of the motor vehicles or motor vehicle parts.

2. "Motor vehicle" means any self-propelled vehicle.

3. "Unidentifiable" means that specially trained investigative personnel who are experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques cannot establish the uniqueness of a motor vehicle or motor vehicle part.

4. "Vehicle identification number" means the number that the manufacturer or the United States or a state department of transportation assigns to a motor vehicle for the purpose of identifying the motor vehicle or a major component part of the motor vehicle. Vehicle identification number includes any combination of numbers or letters.

5. "Watercraft" has the same meaning as prescribed in section 5-301.
A.R.S. § 13-3612 — Arizona Code / Title 13 / Chapter 36 / Section 3612
13-3612 Definitions; contributing to dependency or delinquency
Status: in_force

13-3612. Definitions; contributing to dependency or delinquency

For the purposes of sections 13-3613 through 13-3618, unless the context otherwise requires:

1. "Delinquency" means any act that tends to debase or injure the morals, health or welfare of a child.

2. "Delinquent person" includes any person under the age of eighteen years who violates a law of this state, or an ordinance of a county, city or town defining crime.

3. "Dependent person" means a person under the age of eighteen years:

(a) Who is found begging, receiving or gathering alms, whether actually begging or under the pretext of selling or offering anything for sale.

(b) Who is found in a street, road or public place with the intent of begging, gathering or receiving alms.

(c) Who is a vagrant.

(d) Who is found wandering and who does not have a home, or a settled place of abode, or a guardian or any visible means of subsistence.

(e) Who has no parent or guardian willing to exercise, or capable of exercising, proper parental control over the dependent person.

(f) Who is destitute.

(g) Whose home, by reason of neglect, cruelty or depravity of the dependent person's parents, or either of them, or on the part of the dependent person's guardian, or on the part of the person in whose custody or care the dependent person may be, is an unfit place for such person.

(h) Who frequents the company of reputed criminals, vagrants or prostitutes.

(i) Who is found living or being in a house of prostitution or assignation.

(j) Who habitually visits, without a parent or guardian, a saloon or place where spirituous, vinous or malt liquors are sold, bartered or given away.

(k) Who persistently refuses to obey the reasonable orders or directions of the dependent person's parent or guardian.

(l) Who is incorrigible and who is beyond the control and power of the dependent person's parents, guardian or custodian by reason of the vicious conduct or nature of the person.

(m) Whose father or mother is dead, or has abandoned the family, or is an habitual drunkard, or whose father or mother does not provide for the person, and it appears that the person is destitute of a suitable home or adequate means of obtaining an honest living, or who is in danger of being brought up to lead an idle, dissolute and immoral life, or when both parents are dead, or the mother or father, if living, is unable to provide proper support and care of the person.

(n) Who habitually uses intoxicating liquor as a beverage, habitually smokes cigarettes or uses opium, cocaine, morphine or other similar drugs without direction of a competent physician or a qualified registered nurse practitioner.

(o) Who from any cause is in danger of growing up to lead an idle, dissolute or immoral life.
A.R.S. § 13-3814 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3814
13-3814 Effect of filing bond; failure to file
Status: in_force

13-3814. Effect of filing bond; failure to file

A. If the bond required by section 13-3813 is given, the party complained of shall be discharged. If such person does not give the bond, the magistrate shall commit him to jail, specifying in the commitment or warrant the requirement to give security, the amount thereof and the omission to give it.

B. The person required to give bond may be discharged by any magistrate upon giving the bond.
A.R.S. § 13-3911 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3911
13-3911 Definition
Status: in_force

13-3911. Definition

A search warrant is an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in section 13-3912.
A.R.S. § 13-2907.05 — Arizona Code / Title 13 / Chapter 29 / Section 2907.05
13-2907.05 False reporting of an offense involving corrections or probation employees; classification
Status: in_force

13-2907.05. False reporting of an offense involving corrections or probation employees; classification

A person who intentionally makes a false report of an offense listed in section 13-1409 or 13-1419 knowing the report is false or a person who coerces another person to make a false report of an offense listed in section 13-1409 or 13-1419 knowing the report is false is guilty of a class 1 misdemeanor.
A.R.S. § 13-2004 — Arizona Code / Title 13 / Chapter 20 / Section 2004
13-2004 Criminal simulation; classification
Status: in_force

13-2004. Criminal simulation; classification

A. A person commits criminal simulation if, with intent to defraud, such person makes, alters, or presents or offers, whether accepted or not, any object so that it appears to have an antiquity, rarity, source, authorship or value that it does not in fact possess.

B. Criminal simulation is a class 6 felony.
A.R.S. § 13-3311 — Arizona Code / Title 13 / Chapter 33 / Section 3311
13-3311 Amusement gambling intellectual contests or events; registration; filing of rules; sworn statement; exceptions
Status: in_force

13-3311. Amusement gambling intellectual contests or events; registration; filing of rules; sworn statement; exceptions

A. Before any person conducts an amusement gambling intellectual contest or event pursuant to section 13-3301, paragraph 1, subdivision (d), item (iii), the person shall register with the attorney general's office.  The registration shall include:

1. The name and address of the person conducting the contest or event.

2. The minimum dollar amount of all prizes to be awarded.

3. The duration of the event.

4. The statutory agent or person authorized to accept service of process in Arizona for the person conducting the contest or event.

5. All rules governing the contest or event, including the rules applicable in case of a tie.

6. The name and description of the product and the established purchase price for the product.

B. Within ten days following the award of all prizes in connection with an amusement gambling intellectual contest or event, the person conducting the contest or event shall file with the attorney general's office the names and addresses of all persons who have won prizes in connection with the contest or event.

C. For each amusement gambling intellectual contest or event held, the person conducting the event shall file with the attorney general's office a sworn statement under oath that no increment has been added to the established purchase price for the product in connection with the gambling event.

D. This section does not apply to organizations that have qualified for an exemption from taxation of income under section 501 of the internal revenue code or to academic competitions conducted by school districts or charter schools that award cash, prizes or scholarships to participants.
A.R.S. § 13-3601.01 — Arizona Code / Title 13 / Chapter 36 / Section 3601.01
13-3601.01 Domestic violence; treatment; definition
Status: in_force

13-3601.01. Domestic violence; treatment; definition

A. The judge shall order a person who is convicted of a misdemeanor domestic violence offense to complete a domestic violence offender treatment program that is provided by a facility approved by the court pursuant to rules adopted by the supreme court, the department of health services, the United States department of veterans affairs or a probation department.  If a person has previously been ordered to complete a domestic violence offender treatment program pursuant to this section, the judge shall order the person to complete a domestic violence offender treatment program unless the judge deems that alternative sanctions are more appropriate. The department of health services shall adopt and enforce guidelines that establish standards for domestic violence offender treatment program approval.

B. On conviction of a misdemeanor domestic violence offense, if a person within a period of sixty months has previously been convicted of a violation of a domestic violence offense or is convicted of a misdemeanor domestic violence offense and has previously been convicted of an act in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense, the judge may order the person to be placed on supervised probation and the person may be incarcerated as a condition of probation. If the court orders supervised probation, the court may conduct an intake assessment when the person begins the term of probation and may conduct a discharge summary when the person is released from probation.  If the person is incarcerated and the court receives confirmation that the person is employed or is a student, the court, on pronouncement of any jail sentence, may provide in the sentence that the person, if the person is employed or is a student and can continue the person's employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week.  The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or studies.

C. A person who is ordered to complete a domestic violence offender treatment program shall pay the cost of the program.

D. If a person is ordered to attend a domestic violence offender treatment program pursuant to this section, the program shall report to the court whether the person has attended the program and has successfully completed the program.

E. For the purposes of this section, prior convictions for misdemeanor domestic violence offenses apply to convictions for offenses that were committed on or after January 1, 1999.

F. For the purposes of this section, "domestic violence offense" means an offense involving domestic violence as defined in section 13-3601.
A.R.S. § 13-4901 — Arizona Code / Title 13 / Chapter 45 / Section 4901
13-4901 Definitions
Status: in_force

13-4901. Definitions

In this chapter, unless the context otherwise requires:

1. "Armed nuclear security guard" means a security guard who works at a commercial nuclear generating station, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm.

2. "Commercial nuclear generating station" means an electric power generating facility that is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located.

3. "Enter" means the intrusion of any part of any instrument or any part of a person's body inside of a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station.

4. "Entering or remaining unlawfully" means an act by a person who enters or remains in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station if that person's intent for entering or remaining is not licensed, authorized or otherwise privileged.

5. "Structure or fenced yard" means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a commercial nuclear generating station and that is posted with signage indicating it is a felony to trespass.
A.R.S. § 13-4144 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4144
13-4144 Form of writ
Status: in_force

13-4144. Form of writ

The writ of habeas corpus shall be substantially in the following form: "The state of Arizona - - To the sheriff of the county of ....... (or to 'A. B.'):

We command you that you have the body of C.D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said C.D. shall be called or charged, before (naming the court or judge) at ......., on ........ (or immediately after the receipt of this writ), to do and receive what shall then and there be considered concerning the said C.D. And have you then and there this writ. Witness, etc."
A.R.S. § 13-406 — Arizona Code / Title 13 / Chapter 4 / Section 406
13-406 Justification; defense of a third person
Status: in_force

13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.
A.R.S. § 13-3852 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3852
13-3852 Confinement in jail when necessary
Status: in_force

13-3852. Confinement in jail when necessary

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
A.R.S. § 13-1506 — Arizona Code / Title 13 / Chapter 15 / Section 1506
13-1506 Burglary in the third degree; classification
Status: in_force

13-1506. Burglary in the third degree; classification

A. A person commits burglary in the third degree by:

1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.

2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a class 4 felony.
A.R.S. § 13-2506 — Arizona Code / Title 13 / Chapter 25 / Section 2506
13-2506 Failure to appear in the second degree; classification
Status: in_force

13-2506. Failure to appear in the second degree; classification

A. A person commits failure to appear in the second degree if, having either:

1. Been required by law to appear in connection with any misdemeanor or petty offense, the person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance.

2. Given a written promise to appear in court or been personally served with a written notice to appear on a designated date pursuant to section 13-3903, the person thereafter fails to appear, personally or by counsel.

B. Failure to appear in the second degree pursuant to subsection A, paragraph 1 of this section is a class 1 misdemeanor.  Failure to appear in the second degree pursuant to subsection A, paragraph 2 of this section is a class 2 misdemeanor.
A.R.S. § 13-2911 — Arizona Code / Title 13 / Chapter 29 / Section 2911
13-2911 Interference with or disruption of an educational institution; violation; classification; definitions
Status: in_force

13-2911. Interference with or disruption of an educational institution; violation; classification; definitions

A. A person commits interference with or disruption of an educational institution by doing any of the following:

1. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by either:

(a) Threatening to cause physical injury to any employee or student of an educational institution or any person on the property of an educational institution.

(b) Threatening to cause damage to any educational institution, the property of any educational institution or the property of any employee or student of an educational institution.

2. Intentionally or knowingly entering or remaining on the property of any educational institution for the purpose of interfering with the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others.

3. Intentionally or knowingly refusing to obey a lawful order given pursuant to subsection C of this section.

B. To constitute a violation of this section, the acts that are prohibited by subsection A, paragraph 1 of this section are not required to be directed at a specific individual, a specific educational institution or any specific property of an educational institution.

C. The chief administrative officer of an educational institution or an officer or employee designated by the chief administrative officer to maintain order may order a person to leave the property of the educational institution if the officer or employee has reasonable grounds to believe either that:

1. Any person or persons are committing any act that interferes with or disrupts the lawful use of the property by others at the educational institution.

2. Any person has entered on the property of an educational institution for the purpose of committing any act that interferes with or disrupts the lawful use of the property by others at the educational institution.

D. The appropriate governing board of every educational institution shall adopt rules pursuant to title 41, chapter 6 for the maintenance of public order on all property of any educational institution under its jurisdiction that is used for educational purposes and shall provide a program for the enforcement of its rules.  The rules shall govern the conduct of students, faculty and other staff and all members of the public while on the property of the educational institution.  Penalties for violations of the rules shall be clearly set forth and enforced.  Penalties shall include provisions for the ejection of a violator from the property and, in the case of a student, faculty member or other staff violator, the violator's suspension or expulsion or any other appropriate disciplinary action.  A governing board shall amend its rules as necessary to ensure the maintenance of public order.  Any deadly weapon, dangerous instrument or explosive that is used, displayed or possessed by a person in violation of a rule adopted pursuant to this subsection shall be forfeited and sold or otherwise disposed of pursuant to section 13-3105 and chapter 39 of this title.  This subsection does not do either of the following:

1. Preclude school districts from conducting approved gun safety programs on school campuses.

2. Apply to private universities, colleges, high schools or common schools or other private educational institutions.

E. An educational institution is not eligible to receive any state aid or assistance unless rules are adopted in accordance with this section.

F. This section does not prevent or limit the authority of the governing board of any educational institution to discharge any employee or expel, suspend or otherwise punish any student for any violation of its rules, even though the violation is unlawful under this chapter or is otherwise an offense.

G. This section may be enforced by any peace officer in this state wherever and whenever a violation occurs.

H. Restitution under sections 8-341, 8-345 and 13-603 applies to any financial loss that is suffered by a person or educational institution as a result of a violation of this section.

I. Notwithstanding section 15-341 and subsection D of this section, the governing board of an educational institution may not adopt or enforce any policy or rule that prohibits the lawful possession or carrying of a deadly weapon on a public right-of-way by a person or on or within a person's means of transportation.

J. Interference with or disruption of an educational institution pursuant to subsection A, paragraph 1 of this section is a class 6 felony. Interference with or disruption of an educational institution pursuant to subsection A, paragraph 2 or 3 of this section is a class 1 misdemeanor.

K. For the purposes of this section:

1. "Educational institution" means, except as otherwise provided, any university, college, community college, high school or common school in this state.

2. "Governing board" means the body, whether appointed or elected, that has responsibility for the maintenance and government of an educational institution.

3. "Interference with or disruption of" includes any act that might reasonably lead to the evacuation or closure of any property of the educational institution or the postponement, cancellation or suspension of any class or other school activity.  For the purposes of this paragraph, an actual evacuation, closure, postponement, cancellation or suspension is not required for the act to be considered an interference or disruption.

4. "Property of an educational institution" means all land, buildings and other facilities that are owned, operated or controlled by the governing board of an educational institution and that are devoted to educational purposes.

5. "Public right-of-way" means any highway, street, road, thoroughfare, path, alley or other right-of-way that is publicly accessible and that is established and maintained by this state or a political subdivision of this state. Public right-of-way does not include property of an educational institution.
A.R.S. § 13-4430 — Arizona Code / Title 13 / Chapter 40 / Section 4430
13-4430 Consultation between crime victim advocate and victim; privileged information; exception
Status: in_force

13-4430. Consultation between crime victim advocate and victim; privileged information; exception

A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.

B. Unless the victim consents in writing to the disclosure, a crime victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on communications made by or with the victim, including communications made to or in the presence of others.

C. The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory evidence.

D. A defendant may make a motion for disclosure of privileged information.  If the court finds there is reasonable cause to believe the material is exculpatory, the court shall hold a hearing in camera. Material that the court finds is exculpatory shall be disclosed to the defendant.

E. If, with the written or verbal consent of the victim, the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the crime victim advocate or any records, notes, documents, correspondence, reports or memoranda, the prosecutor or law enforcement agent shall disclose such material to the defendant's attorney only if such information is otherwise exculpatory.

F. Notwithstanding subsections A and B, if a crime victim consents either verbally or in writing, a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victim's right pursuant to this chapter.
A.R.S. § 13-4427 — Arizona Code / Title 13 / Chapter 40 / Section 4427
13-4427 Probation modification, revocation disposition or termination proceedings
Status: in_force

13-4427. Probation modification, revocation disposition or termination proceedings

A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or intensive probation of a person who is convicted of committing a criminal offense against the victim.

B. The victim has the right to be heard at any proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.
A.R.S. § 13-417 — Arizona Code / Title 13 / Chapter 4 / Section 417
13-417 Necessity defense
Status: in_force

13-417. Necessity defense

A. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the person had no reasonable alternative to avoid imminent public or private injury greater than the injury that might reasonably result from the person's own conduct.

B. An accused person may not assert the defense under subsection A if the person intentionally, knowingly or recklessly placed himself in the situation in which it was probable that the person would have to engage in the proscribed conduct.

C. An accused person may not assert the defense under subsection A for offenses involving homicide or serious physical injury.
A.R.S. § 13-908 — Arizona Code / Title 13 / Chapter 9 / Section 908
13-908 Restoration of civil rights; application; firearm rights; definition
Status: in_force

13-908. Restoration of civil rights; application; firearm rights; definition

A. On final discharge, a person who has previously been convicted of a felony or who has not paid all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. The restoration of civil rights is in the discretion of the judicial officer.

B. The person or the person's attorney or probation officer may file the application for the restoration of civil rights. The clerk of the court may not charge a filing fee for an application. The clerk of the court shall forward a copy of the application to the county attorney or attorney general.

C. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and whose period of probation has been completed may file the application for restoration of civil rights in the county in which the person now resides.

D. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and who has received an absolute discharge from imprisonment in a prison in another state or a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides.  The restoration of civil rights is in the discretion of the judicial officer.

E. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:

1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.

2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.

F. If the person is not entitled to the restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910.

G. For the purposes of this section, "final discharge" means the completion of probation or the receipt of an absolute discharge from the state department of corrections, a prison in another state or the federal bureau of prisons.
A.R.S. § 13-601 — Arizona Code / Title 13 / Chapter 6 / Section 601
13-601 Classification of offenses
Status: in_force

13-601. Classification of offenses

A. Felonies are classified, for the purpose of sentence, into the following six categories:

1. Class 1 felonies.

2. Class 2 felonies.

3. Class 3 felonies.

4. Class 4 felonies.

5. Class 5 felonies.

6. Class 6 felonies.

B. Misdemeanors are classified, for the purpose of sentence, into the following three categories:

1. Class 1 misdemeanors.

2. Class 2 misdemeanors.

3. Class 3 misdemeanors.

C. Petty offenses are not classified.
A.R.S. § 13-605 — Arizona Code / Title 13 / Chapter 6 / Section 605
13-605 Diagnostic commitment
Status: in_force

13-605. Diagnostic commitment

A. If after presentence investigation, the court desires more detailed information as a basis for determining the sentence to be imposed, it may commit the defendant to the custody of the department of corrections. The director of the department of corrections shall accept the commitment only when adequate staff and facilities are available. The notice to the court of acceptance of the commitment shall specify the time and place the defendant is to be received. The commitment shall not exceed ninety days. The department during that period shall conduct a complete study of the prisoner and shall by the expiration of the period of commitment return the prisoner to the court and provide the court with a written report of the results of the study, including whatever recommendations the department believes will be helpful in determining disposition of the case. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection B of this section, it shall sentence the defendant as authorized by section 13-603.

B. If after presentence investigation the court desires more detailed information about the defendant's mental condition, it may commit or refer the defendant to the custody of any diagnostic facility for the performance of psychiatric evaluation. The commitment or referral shall be for a period not to exceed ninety days. Within that period the facility shall return the prisoner to court and transmit to the court a diagnostic report, including whatever recommendations the facility may wish to make. After receiving the report and recommendations, if the court does not order a further diagnostic commitment under subsection A of this section, it shall sentence the defendant as authorized by section 13-603 or invoke the provisions of section 13-606.

C. In an appropriate case the court in its discretion may order diagnostic commitments under both subsections A and B of this section.

D. If after receiving a diagnostic report under subsection A or B of this section the court sentences the defendant to imprisonment, the period of commitment under either or both shall be credited to the sentence imposed.
A.R.S. § 13-3829 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3829
13-3829 Criminal street gang and sex offender monitoring; qualified vendor; definition
Status: in_force

13-3829. Criminal street gang and sex offender monitoring; qualified vendor; definition

A. The department of public safety may enter into a contract with a qualified vendor to provide a data monitoring and alert system for persons who are found to be either criminal street gang members pursuant to section 13-105 or persons who are required to register pursuant to section 13-3821.

B. The vendor shall monitor the movement and any change of residence or address of a criminal street gang member or registered sex offender through public records or other record information systems.

C. The vendor shall notify the department of public safety or a local law enforcement agency if a criminal street gang member or registered sex offender does any of the following:

1. Moves from another state to a residence or address in this state.

2. Moves from a residence or address in this state to a residence or address in another state.

3. Moves from a residence or address in this state to another residence or address in this state.

D. For the purposes of this section, "qualified vendor" means a vendor that is experienced in and capable of fulfilling the requirements of this section on a daily basis.
A.R.S. § 13-1419 — Arizona Code / Title 13 / Chapter 14 / Section 1419
13-1419 Unlawful sexual conduct; correctional facilities; classification; definition
Status: in_force

13-1419. Unlawful sexual conduct; correctional facilities; classification; definition

A. A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail or with an offender who is under the supervision of either department or a city or county.  For the purposes of this subsection, "person" means a person who:

1. Is employed by the state department of corrections or the department of juvenile corrections.

2. Is employed by a private prison facility, a juvenile detention facility or a city or county jail.

3. Contracts to provide services with the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.

4. Is an official visitor, volunteer or agency representative of the state department of corrections, the department of juvenile corrections, a private prison facility, a juvenile detention facility or a city or county jail.

B. This section does not apply to a person who is employed by the state department of corrections, a private prison facility or a city or county jail or who contracts to provide services with the state department of corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the prisoner or offender was sentenced to the state department of corrections or was incarcerated in a city or county jail.

C. Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony.  Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a class 3 felony.  All other unlawful sexual conduct is a class 5 felony.

D. For the purposes of this section, "any act of a sexual nature":

1. Includes the following:

(a) Any completed, attempted, threatened or requested touching of the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.

(b) Any act of exposing the genitalia, anus, groin, breast, inner thigh, pubic area or buttocks with the intent to arouse or gratify sexual desire.

(c) Any act of photographing, videotaping, filming, digitally recording or otherwise viewing, with or without a device, a prisoner or offender with the intent to arouse or gratify sexual desire, either:

(i) While the prisoner or offender is in a state of undress or partial dress.

(ii) While the prisoner or offender is urinating or defecating.

2. Does not include an act done pursuant to a bona fide medical exam or lawful internal search.
A.R.S. § 13-2204 — Arizona Code / Title 13 / Chapter 22 / Section 2204
13-2204 Defrauding secured creditors; definition; classification
Status: in_force

13-2204. Defrauding secured creditors; definition; classification

A. A person commits defrauding secured creditors if the person knowingly destroys, removes, conceals, encumbers, converts, sells, obtains, transfers, controls or otherwise deals with property subject to a security interest with the intent to hinder or prevent the enforcement of that interest.

B. For the purposes of this section, "control" has the same meaning as prescribed by section 13-1801.

C. Defrauding secured creditors is a class 6 felony.
A.R.S. § 13-4513 — Arizona Code / Title 13 / Chapter 41 / Section 4513
13-4513 Appointment of clinical liaison
Status: in_force

13-4513. Appointment of clinical liaison

A. If the court enters a treatment order pursuant to this chapter, the court shall appoint a clinical liaison to coordinate the continuity of care following restoration. The clinical liaison may not be the defendant's treatment supervisor. The clinical liaison shall be familiar with aftercare facilities that are available in the defendant's locale and shall act as a liaison between the court and any treating facilities or correctional facilities.

B. The county, or the city if the competency proceedings are conducted in municipal court, shall pay the clinical liaison's fees.

C. The clinical liaison shall submit a written report to the court on request. The court shall distribute copies of the report to the prosecutor and the defense attorney.

D. The clinical liaison in cooperation with the treating facility shall advise the court on matters relating to the appropriateness of the form and location of treatment, including the level of security.

E. A treatment facility shall cooperate fully with the clinical liaison and shall provide the liaison with access to the defendant's records. The clinical liaison shall not direct treatment or render an opinion on the defendant's competency.
A.R.S. § 13-1407 — Arizona Code / Title 13 / Chapter 14 / Section 1407
13-1407 Defenses
Status: in_force

13-1407. Defenses

A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance of lawful medical practice.

B. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.

C. It is a defense to a prosecution pursuant to section 13-1402, 13-1404, 13-1405 or 13-1406 if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

D. It is a defense to a prosecution pursuant to section 13-1404 or 13-1405 that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act.

E. It is a defense to a prosecution pursuant to sections 13-1405, 13-1430, 13-3553, subsection A, paragraph 4 and 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.
A.R.S. § 13-4072 — Arizona Code / Title 13 / Chapter 38 / Article 21 / Section 4072
13-4072 Service of subpoena
Status: in_force

13-4072. Service of subpoena

A. A subpoena may be served by any person.

B. A subpoena may be served by any of the following methods:

1. Personal service.

2. Certified mail.

3. First class mail, if a certificate of service and return card is returned by the addressee.

C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.

D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.

E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.

F. A peace officer shall serve in his county any subpoena delivered to him for service, either on behalf of this state or the defendant.

G. The methods described in this section also apply to out-of-county subpoenas as set forth in section 13-4076.
A.R.S. § 13-2105 — Arizona Code / Title 13 / Chapter 21 / Section 2105
13-2105 Fraudulent use of a credit card; classification
Status: in_force

13-2105. Fraudulent use of a credit card; classification

A. A person commits fraudulent use of a credit card if the person:

1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or

2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.

B. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.
A.R.S. § 13-2910.10 — Arizona Code / Title 13 / Chapter 29 / Section 2910.10
13-2910.10 Ownership, possession, purchase, sale, transfer or manufacture of animal fighting paraphernalia; classification; definition
Status: in_force

13-2910.10. Ownership, possession, purchase, sale, transfer or manufacture of animal fighting paraphernalia; classification; definition

A. It is unlawful for a person to knowingly own, possess, purchase, sell, transfer or manufacture animal fighting paraphernalia for the purpose of engaging in, promoting or facilitating animal fighting pursuant to section 13-2910.01 or cockfighting pursuant to section 13-2910.03.

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

C. For the purposes of this section, "animal fighting paraphernalia":

1. Means equipment, products, implements or materials of any kind that are used, intended for use or designed solely for use in animal fighting or cockfighting or training, preparing, conditioning or furthering animal fighting or cockfighting.

2. Includes breaking sticks, cat mills, treadmills, fighting pits, springpoles, gaffs, slashers and heels and other sharp implements that are designed to be attached in place of the natural spur of a cock or game fowl.
A.R.S. § 13-1509 — Arizona Code / Title 13 / Chapter 15 / Section 1509
13-1509 Willful failure to complete or carry an alien registration document; exception; authenticated records;
Status: in_force

13-1509. Willful failure to complete or carry an alien registration document; exception; authenticated records; classification

A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 United States Code section 1304(e) or 1306(a).

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

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

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

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

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

E. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs.

F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

G. Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.
A.R.S. § 13-120 — Arizona Code / Title 13 / Chapter 1 / Section 120
13-120 Disposition of property taken from defendant; receipts
Status: in_force

13-120. Disposition of property taken from defendant; receipts

A. When money or other property is taken from a defendant arrested upon a charge of a crime or public offense, the officer taking it shall at the time make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. The officer shall deliver one receipt to the defendant and shall file the other forthwith with the magistrate or clerk of the court to which the officer makes the return of arrest.

B. When such money or property is taken by a police officer of an incorporated city or town, he shall deliver one receipt to the defendant and the other, with the property, forthwith to the clerk or other person in charge of the police office in the city or town.
A.R.S. § 13-1213 — Arizona Code / Title 13 / Chapter 12 / Section 1213
13-1213 Aiming a laser pointer at a peace officer or an occupied aircraft; classification; definitions
Status: in_force

13-1213. Aiming a laser pointer at a peace officer or an occupied aircraft; classification; definitions

A. A person commits aiming a laser pointer at a peace officer if the person intentionally, knowingly or recklessly directs the beam of light from a laser pointer at another person and the person knows or reasonably should know that the other person is a peace officer.

B. A person commits aiming a laser pointer at an occupied aircraft if the person intentionally, knowingly or recklessly directs the beam of light from a laser pointer at an aircraft and the person knows or reasonably should know that the aircraft is occupied.

C. Intentionally or knowingly aiming a laser pointer at a peace officer is a class 5 felony. Recklessly aiming a laser pointer at a peace officer is a class 1 misdemeanor.

D. Intentionally, knowingly or recklessly aiming a laser pointer at an occupied aircraft is a class 2 felony if the act causes the pilot to crash the aircraft or perform an emergency landing. Intentionally, knowingly or recklessly aiming a laser pointer at an occupied aircraft is a class 3 felony if the act renders the pilot unable to safely operate the aircraft. Intentionally or knowingly aiming a laser pointer at an occupied aircraft is a class 6 felony. Recklessly aiming a laser pointer at an occupied aircraft is a class 1 misdemeanor.

E. For the purposes of this section:

1. "Aircraft" means any vehicle that is used for flight in the air by buoyancy or by the dynamic action of air on the vehicle's surfaces, including airplanes, gliders and helicopters.

2. "Laser pointer" means any device that emits an intense beam of light amplified by stimulated emission of electromagnetic radiation.
A.R.S. § 13-1507 — Arizona Code / Title 13 / Chapter 15 / Section 1507
13-1507 Burglary in the second degree; classification
Status: in_force

13-1507. Burglary in the second degree; classification

A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.

B. Burglary in the second degree is a class 3 felony.
A.R.S. § 13-4038 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4038
13-4038 Power of supreme court on appeal by state
Status: in_force

13-4038. Power of supreme court on appeal by state

Upon an appeal by the state from any order the supreme court may affirm or reverse such order. Upon an appeal from a sentence on the ground that it is illegal the court shall either approve such sentence or if it decides that the sentence is illegal shall correct the sentence to correspond to the verdict. The sentence as approved or corrected shall be enforced by the court from which the appeal was taken.
A.R.S. § 13-3609 — Arizona Code / Title 13 / Chapter 36 / Section 3609
13-3609 Child bigamy; classification; definitions
Status: in_force

13-3609. Child bigamy; classification; definitions

A. A person commits child bigamy if the person knowingly does any of the following:

1. Is at least eighteen years of age, has a spouse and marries a child.

2. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child to a person who already has a spouse.

3. Is at least eighteen years of age and, either alone or in association with others, directs, causes or controls the marriage of a child if the child already has a spouse.

4. Is at least eighteen years of age and marries a child if the child already has a spouse.

5. Transports or finances the transportation of a child to promote marriage between the child and a person who already has a spouse.

6. Transports or finances the transportation of a child who already has a spouse to promote marriage between the child and another person.

B. This section does not apply if a person who marries a child:

1. Has a spouse who has been absent for at least five successive years without being known to the person within that time to be living.

2. Has a former marriage that has been pronounced void, annulled or dissolved by judgment of a competent court.

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

D. For the purposes of this section:

1. "Marriage" means the state of joining together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.

2. "Marry" means to join together as husband and wife through an agreement, promise or ceremony regardless of whether a marriage license has been issued by the appropriate authority.

3. "Spouses" means two persons living together as husband and wife, including the assumption of those marital rights, duties and obligations that are usually manifested by married people, including but not necessarily dependent on sexual relations.
A.R.S. § 13-2808 — Arizona Code / Title 13 / Chapter 28 / Section 2808
13-2808 Misconduct by a juror; classification
Status: in_force

13-2808. Misconduct by a juror; classification

A. A juror commits misconduct by a juror if, in relation to an action or proceeding pending or about to be brought before him, such person knowingly:

1. Allows an unauthorized communication to be made to him; or

2. Makes a promise or agreement to decide for or against any party to the proceeding other than as part of jury deliberation.

B. Misconduct by a juror is a class 6 felony.
A.R.S. § 13-1702 — Arizona Code / Title 13 / Chapter 17 / Section 1702
13-1702 Reckless burning; classification
Status: in_force

13-1702. Reckless burning; classification

A. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland or property.

B. Reckless burning is a class 1 misdemeanor.
A.R.S. § 13-3113 — Arizona Code / Title 13 / Chapter 31 / Section 3113
13-3113 Adjudicated delinquents; firearm possession; classification
Status: in_force

13-3113. Adjudicated delinquents; firearm possession; classification

A person who was previously adjudicated delinquent for an offense that would be a felony if committed by an adult and who possesses, uses or carries a firearm within ten years from the date of his adjudication or his release or escape from custody is guilty of a class 5 felony for a first offense and a class 4 felony for a second or subsequent offense if the person was previously adjudicated for an offense that if committed as an adult would constitute:

1. Burglary in the first degree.

2. Burglary in the second degree.

3. Arson.

4. Any felony offense involving the use or threatening exhibition of a deadly weapon or dangerous instrument.

5. A serious offense as defined in section 13-706.
A.R.S. § 13-1301 — Arizona Code / Title 13 / Chapter 13 / Section 1301
13-1301 Definitions
Status: in_force

13-1301. Definitions

In this chapter, unless the context otherwise requires:

1. "Relative" means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse.

2. "Restrain" means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. Restraint is without consent if it is accomplished by:

(a) Physical force, intimidation or deception; or

(b) Any means including acquiescence of the victim if the victim is a child less than eighteen years old or an incompetent person and the victim's lawful custodian has not acquiesced in the movement or confinement.
A.R.S. § 13-3831 — Arizona Code / Title 13 / Chapter 38 / Article 4 / Section 3831
13-3831 Definitions
Status: in_force

13-3831. Definitions

In this article, unless the context otherwise requires:

1. "State" includes the District of Columbia.

2. "Close pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay, and includes:

(a) Close pursuit as defined by the common law.

(b) Pursuit of a person who has committed a felony, or who is reasonably suspected of having committed a felony.

(c) Pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.
A.R.S. § 13-3986 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3986
13-3986 Title of affidavits or depositions
Status: in_force

13-3986. Title of affidavits or depositions

It is not necessary to give a title to an affidavit or deposition in a criminal action, whether taken before or after indictment or information, or upon appeal. If the affidavit or deposition is made without a title, or with an erroneous title, it shall be as valid and effectual for every purpose as if it were given a title, if it intelligibly refers to the proceeding, indictment, information or appeal in which it is made.
A.R.S. § 13-3306 — Arizona Code / Title 13 / Chapter 33 / Section 3306
13-3306 Possession of a gambling device; classification
Status: in_force

13-3306. Possession of a gambling device; classification

A. A person commits possession of a gambling device if the person knowingly possesses, distributes or transports any implement, machine, paraphernalia, equipment or other thing that the person knows or has reason to know is used or intended to be used in violation of this chapter.

B. A person commits possession of a bingo gambling device if the person knowingly possesses any implement, machine, paraphernalia, equipment or other thing that the person knows or has reason to know is used or intended to be used in violation of this chapter.

C. Possession of a bingo gambling device shall not be the basis for a violation of section 13-3303, 13-3304 or 13-3307.

D. Possession of a bingo gambling device is a class 2 misdemeanor. Possession of any other gambling device is a class 1 misdemeanor.

E. Nothing in this section prohibits:

1. The use of gambling devices by nonprofit or charitable organizations pursuant to section 13-3302, subsection B.

2. Possession, distribution or transportation of gambling devices for purposes not prohibited by this chapter.
A.R.S. § 13-1401 — Arizona Code / Title 13 / Chapter 14 / Section 1401
13-1401 Definitions; factors
Status: in_force

13-1401. Definitions; factors

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

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

2. "Position of trust" means a person who is or was any of the following:

(a) The minor's parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent.

(b) The minor's teacher or any school employee or volunteer at the minor's school who is eighteen years of age or older.

(c) The minor's coach or instructor, whether the coach or instructor is an employee or volunteer.

(d) The minor's clergyman or priest or any person who is at least eighteen years of age and who worked or volunteered for a religious organization that hosted events or activities where the minor was in attendance.

(e) Engaged in a sexual or romantic relationship with the minor's parent, adoptive parent, grandparent, aunt, uncle, legal guardian, foster parent, stepparent, step-grandparent  or sibling.

(f) Related to the minor by blood or marriage within the third degree and is at least ten years older than the minor.

(g) The minor's employer.

(h) An employee of a group home or residential treatment facility where the minor resides or has previously resided.  For the purpose of this subdivision, "group home" means a child welfare agency that receives for care and maintenance a child who has been adjudicated dependent or a community residential setting as defined in section 36-551.

3. "Sexual contact":

(a) Means any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

(b) Does not include direct or indirect touching or manipulating during caretaking responsibilities or interactions with a minor or vulnerable adult that an objective, reasonable person would recognize as normal and reasonable under the circumstances.

4. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

5. "Spouse" means a person who is legally married and cohabiting.

6. "Teacher" means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state.

7. "Without consent" includes any of the following:

(a) The victim is coerced by the immediate use or threatened use of force against a person or property.

(b) The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For the purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another.

(c) The victim is intentionally deceived as to the nature of the act.

(d) The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.

B. The following factors may be considered in determining whether a relationship is currently or was previously a sexual or romantic relationship pursuant to subsection A, paragraph 2, subdivision (e) of this section:

1. The type of relationship.

2. The length of the relationship.

3. The frequency of the interaction between the two persons.

4. If the relationship has terminated, the length of time since the termination.
A.R.S. § 13-1201 — Arizona Code / Title 13 / Chapter 12 / Section 1201
13-1201 Endangerment; classification
Status: in_force

13-1201. Endangerment; classification

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
A.R.S. § 13-2414 — Arizona Code / Title 13 / Chapter 24 / Section 2414
13-2414 Impersonating a veteran; classification; definitions
Status: in_force

13-2414. Impersonating a veteran; classification; definitions

A. A person commits impersonating a veteran of the United States armed forces if the person knowingly misrepresents themselves to be a veteran and engages in any of the following conduct with the intent to obtain money, property or any tangible benefit:

1. The person knowingly misrepresents themselves to be a veteran of any branch of the uniformed services of the United States without having served in that branch as an enlisted service member, warrant officer or commissioned officer.

2. The person knowingly misrepresents themselves to be a recipient of a decoration, medal, badge or tab that was not lawfully earned through military service.

3. The person knowingly misrepresents themselves to have graduated from a military school from which the person did not graduate or to have obtained a rating or military occupational specialty that the person did not obtain.

4. The person falsely claims attendance at any of the following academies or schools:

(a) United States military academy.

(b) United States naval academy.

(c) United States air force academy.

(d) United States coast guard academy.

(e) United States merchant marine academy.

(f) United States marine corps and United States army sergeant majors academy.

(g) United States air force chiefs course.

(h) United States navy senior enlisted academy.

(i) All other military branch schools that produce an additional skills identifier qualification, including ranger, seal, recon or special forces.

5. The person knowingly misrepresents themselves to be a combat veteran.

6. The person falsifies or alters military documents or records.

7. The person knowingly misrepresents themselves to have received a characterization of discharge that the person did not receive.

8. The person knowingly misrepresents themselves to be a veteran pursuant to this subsection in the furtherance of a campaign for political office.

B. Certified separation documents from the applicable uniformed service or the national archives and record administration that support the person's claims constitute a complete defense to prosecution. Before filing a complaint or seeking an indictment, a prosecuting agency shall obtain from the applicable uniformed service or the national archives and record administration a certified copy of the person's separation documents or shall receive notice that such documents do not exist.

C. This section does not apply to actors or actresses who play a veteran in conjunction with a role in a production intended for entertainment or to individuals experiencing homelessness.

D. Impersonating a veteran is a class 1 misdemeanor, except that impersonating a veteran is a class 6 felony if the benefit obtained has a value of at least $50,000.

E. If a person is convicted of a class 6 felony pursuant to this section, section 13-604 does not apply.

F. For the purposes of this section:

1. "Combat veteran" means a current or former member of the uniformed services who served in a location where the receipt of imminent danger pay or hostile fire pay was authorized.

2. "Tangible benefit" means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state or local governmental entity.
A.R.S. § 13-2308 — Arizona Code / Title 13 / Chapter 23 / Section 2308
13-2308 Participating in or assisting a criminal syndicate; classification
Status: in_force

13-2308. Participating in or assisting a criminal syndicate; classification

A. A person commits participating in a criminal syndicate by:

1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or

2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or

3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate's affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or

4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or

5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.

B. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.

C. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.

D. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.

E. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.

F. Assisting a criminal syndicate is a class 4 felony.

G. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.
A.R.S. § 13-2916 — Arizona Code / Title 13 / Chapter 29 / Section 2916
13-2916 Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device; applicability; classification; definitions
Status: in_force

13-2916. Use of an electronic communication to terrify, intimidate, threaten or harass; unlawful use of electronic communication device; applicability; classification; definitions

A. It is unlawful for a person to knowingly terrify, intimidate, threaten or harass a specific person or persons by doing any of the following:

1. Directing any obscene, lewd or profane language or suggesting any lewd or lascivious act to the person in an electronic communication.

2. Threatening to inflict physical harm on any person or to property in any electronic communication.

3. Otherwise disturbing by repeated anonymous, unwanted or unsolicited electronic communications the peace, quiet or right of privacy of the person at the place where the communications were received.

4. Without the person's consent and for the purpose of imminently causing the person unwanted physical contact, injury or harassment by a third party, use an electronic communication device to electronically distribute, publish, email, hyperlink or make available for downloading the person's personal identifying information, including a digital image of the person, and the use does in fact incite or produce that unwanted physical contact, injury or harassment.  This paragraph also applies to a person who intends to terrify, intimidate, threaten or harass an immediate family member of the person whose personal identifying information is used.

B. Any offense committed by use of an electronic communication in violation of this section is deemed to have been committed at either the place where the communications originated or at the place where the communications were received.

C. This section does not apply to:

1. Constitutionally protected speech or activity or to any other activity authorized by law.

2. An interactive computer service, as defined in 47 United States Code section 230(f)(2), or to an information service or telecommunications service, as defined in 47 United States Code section 153, for content that is provided by another person.

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

E. For the purposes of this section:

1. "Electronic communication" means a social media post, a wire line, cable, wireless or cellular telephone call, a text message, an instant message or electronic mail.

2. "Electronic communication device" includes a telephone, mobile telephone, computer, internet website, internet telephone, hybrid cellular, internet or wireless device, personal digital assistant, video recorder, fax machine or pager.

3. "Harassment" means a knowing and wilful course of conduct that is directed at a specific person, that a reasonable person would consider as seriously alarming, seriously disruptive, seriously tormenting or seriously terrorizing the person and that serves no legitimate purpose.

4. "Personal identifying information":

(a) Means information that would allow the identified person to be located, contacted or harassed.

(b) Includes the person's home address, work address, phone number, email address or other contact information that would allow the identified person to be located, contacted or harassed.

5. "Social media post" means a social media communication that is knowingly intended to communicate to a specific person or persons in violation of subsection A of this section.
A.R.S. § 13-3414 — Arizona Code / Title 13 / Chapter 34 / Section 3414
13-3414 Convicted person's information to be sent to licensing board and the department of economic security; suspension or revocation of license or registration
Status: in_force

13-3414. Convicted person's information to be sent to licensing board and the department of economic security; suspension or revocation of license or registration

A. On the conviction of a person of an offense in this chapter, the court or, if directed by the court, the clerk of the court shall provide the convicted person's name, case number, date of conviction and crime convicted of and, if known, the convicted person's social security number, date of birth, address and license or registration number to all of the following:

1. The board or officer, if any, by whom the convicted defendant has been licensed or registered to practice a profession or to carry on a business. On the conviction of any such person, the court, in its discretion, may suspend or revoke the license or registration of the convicted defendant to practice the profession or to carry on the business.  On the application of any person whose license or registration has been suspended or revoked, and on proper showing and for good cause, the board or officer may reinstate the license or registration.

2. If the court has knowledge that the convicted person receives temporary assistance for needy families cash benefits, the department of economic security.

B. On request of an entity listed in subsection A of this section, the court or, if directed by the court, the clerk of the court shall provide the requesting entity with a copy of the convicted person's judgment and sentence and of the opinion of the court, if any opinion is filed.
A.R.S. § 13-3868 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3868
13-3868 Short title
Status: in_force

13-3868. Short title

This article may be cited as the uniform criminal extradition act.
A.R.S. § 13-4435 — Arizona Code / Title 13 / Chapter 40 / Section 4435
13-4435 Speedy trial; continuance; notice
Status: in_force

13-4435. Speedy trial; continuance; notice

A. In any criminal proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim.

B. The prosecutor shall make reasonable efforts to notify a victim of any request for a continuance, except that if the victim is represented by counsel who has filed a notice of appearance, the court, if the request for a continuance is in writing, shall make reasonable efforts to notify the victim's counsel in the same manner in which a party is notified.

C. A motion to continue shall be in writing unless the court makes a finding on the record that exigent circumstances exist to permit an oral motion.

D. The court shall grant a continuance only if extraordinary circumstances exist and the delay is indispensable to the interests of justice.  A continuance may be granted only for the time necessary to serve the interests of justice.

E. Subsections B, C and D do not apply to justice of the peace and municipal courts.

F.  Before ruling on a motion for a continuance, the court shall consider the victim's views and the victim's right to a speedy trial. If a continuance is granted, the court shall state on the record the specific reason for the continuance.
A.R.S. § 13-3966 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3966
13-3966 Validity of undertaking by minor
Status: in_force

13-3966. Validity of undertaking by minor

Minors shall be capable of binding themselves by an undertaking for the purpose of securing their release on bail in like manner and with like effect as persons sui juris.
A.R.S. § 13-923 — Arizona Code / Title 13 / Chapter 9 / Section 923
13-923 Persons convicted of sexual offenses; annual probation review hearing; report; notification
Status: in_force

13-923. Persons convicted of sexual offenses; annual probation review hearing; report; notification

A. If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under twenty-two years of age and who was convicted of an offense that occurred when the person was under eighteen years of age and that requires the probationer to register pursuant to section 13-3821.

B. This section does not preclude the court from conducting more than one probation review hearing each year.

C. The probation department that is supervising the probationer shall prepare a probation report and submit the report to the court prior to the hearing.

D. The following individuals shall be notified of the hearing:

1. A prosecutor.

2. An attorney for the probationer.

3. Any victim or victim's attorney who has a right to be present and heard pursuant to the victims' bill of rights, article II, section 2.1 of the constitution of this state, title 13, chapter 40 or court rule.

4. The probation officer supervising the probationer.

E. At the hearing, after hearing from those present pursuant to subsection D of this section, the court shall consider the following:

1. Whether to continue, modify or terminate probation.

2. Whether to continue to require, to suspend or to terminate the probationer's registration pursuant to section 13-3821.

3. Whether to continue, defer or terminate community notification pursuant to section 13-3825.

F. The court may hold a prehearing involving the persons listed in subsection D of this section to discuss and advise the court concerning the issues listed in subsection E of this section.
A.R.S. § 13-2921 — Arizona Code / Title 13 / Chapter 29 / Section 2921
13-2921 Harassment; classification; definition
Status: in_force

13-2921. Harassment; classification; definition

A. A person commits harassment if the person knowingly and repeatedly commits an act or acts that harass another person or the person knowingly commits any one of the following acts in a manner that harasses:

1. Contacts or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means.

2. Continues to follow another person in or about a public place after being asked by that person to desist.

3. Surveils or causes a person to surveil another person.

4. Makes a false report to a law enforcement, credit or social service agency against another person.

5. Interferes with the delivery of any public or regulated utility to another person.

B. A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property.

C. Harassment under subsection A is a class 1 misdemeanor. Harassment under subsection B is a class 5 felony.

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

1. A lawful demonstration, assembly or picketing.

2. A professional investigator or peace officer who is licensed by this state and who is acting within the scope of the investigator's or officer's duties in connection with any criminal or civil investigation.

3. A certified and duly authorized process server who is acting within the scope of the process server's duties in connection with any judicial or administrative action or proceeding.

E. For the purposes of this section, "harass" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, humiliated or mentally distressed and the conduct in fact seriously alarms, annoys, humiliates or mentally distresses the person.
A.R.S. § 13-4508 — Arizona Code / Title 13 / Chapter 41 / Section 4508
13-4508 Privilege against self-incrimination; sealed reports
Status: in_force

13-4508. Privilege against self-incrimination; sealed reports

A. The privilege against self-incrimination applies to any examination that is ordered by the court pursuant to this chapter.

B. Any evidence or statement that is obtained during an examination is not admissible at any proceeding to determine a defendant's guilt or innocence unless the defendant presents evidence that is intended to rebut the presumption of sanity.

C. Any statement made by the defendant during an examination or any evidence resulting from that statement concerning any other event or transaction is not admissible at any proceeding to determine the defendant's guilt or innocence of any other criminal charges that are based on those events or transactions, except that a statement or evidence may be used by any party in a proceeding to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 or 40 or is a sexually violent person.

D. Any statement made by the defendant or any part of the evaluations that is obtained during an examination may not be used for any purpose without the written consent of the defendant or the defendant's guardian or a court order that is entered by the court that ordered the examination or that is conducting a dependency or severance proceeding.

E. After a plea of guilty or guilty except insane or the trial or after the defendant is found to be unable to be restored to competence, the court shall order all the reports submitted pursuant to this section sealed. The court may order that the reports be opened only as follows:

1. For use by the court or defendant, or by the prosecutor if otherwise allowed by law, for further competency or sanity evaluations, in a hearing to determine whether the defendant is eligible for court-ordered treatment pursuant to title 36, chapter 5 or is a sexually violent person or in a trial to determine whether the defendant is dangerous and eligible for commitment pursuant to section 13-4521.

2. For statistical analysis.

3. When the records are deemed necessary to assist in mental health treatment pursuant to section 13-502 or 13-4517.

4. For use by the probation department or the state department of corrections if the defendant is in the custody of or is scheduled to be transferred into the custody of the state department of corrections for the purposes of assessment and supervision or monitoring of the defendant by that department.

5. For use by a mental health treatment provider that provides treatment to the defendant or that assesses the defendant for treatment.

6. For data gathering.

7. For scientific study.

F. Any statement made by the defendant during an examination that is conducted pursuant to this chapter or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.
A.R.S. § 13-204 — Arizona Code / Title 13 / Chapter 2 / Section 204
13-204 Effect of ignorance or mistake upon criminal liability
Status: in_force

13-204. Effect of ignorance or mistake upon criminal liability

A. Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability unless:

1. It negates the culpable mental state required for commission of the offense; or

2. It supports a defense of justification as defined in chapter 4 of this title.

B. Ignorance or mistake as to a matter of law does not relieve a person of criminal responsibility.
A.R.S. § 13-4518 — Arizona Code / Title 13 / Chapter 41 / Section 4518
13-4518 Screening; sexually violent person; appointment of competent professional
Status: in_force

13-4518. Screening; sexually violent person; appointment of competent professional

A. If the county attorney receives a report that determines a defendant is incompetent to stand trial, the county attorney may request that the defendant be screened to determine if the defendant may be a sexually violent person, if both:

1. The report concludes that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency.

2. The defendant is charged with or has ever been convicted of or found guilty except insane for a sexually violent offense as defined in section 36-3701.

B. If the court orders a screening to determine if the defendant may be a sexually violent person, both of the following apply:

1. The court shall appoint a competent professional as defined in section 36-3701 to conduct the screening and submit a report to the court and the parties within thirty days after the appointment.

2. The criminal case may not be dismissed until the competent professional's report is provided to the court and the parties and a hearing is held pursuant to subsection C of this section or the county attorney files a petition pursuant to section 36-3704.

C. If the county attorney has not filed a petition pursuant to section 36-3704, the court may hold a hearing to determine if the county attorney is or will be filing a petition. If the county attorney has filed a petition or advises the court that it is or will be filing a petition, the court shall set a date on which the petition is due and further proceedings will be conducted pursuant to title 36, chapter 37.  If a petition will not be filed, the court shall proceed pursuant to section 13-4517, subsection A, paragraph 1, 2 or 3.
A.R.S. § 13-3013 — Arizona Code / Title 13 / Chapter 30 / Section 3013
13-3013 Defenses
Status: in_force

13-3013. Defenses

The following constitute a complete defense to any civil or criminal action brought under this chapter or under any other law:

1. A good faith reliance on an ex parte order or subpoena that is issued pursuant to section 13-3010, 13-3015, 13-3016, 13-3017 or 13-3018.

2. Providing information pursuant to section 13-3012.

3. Providing assistance, information or facilities for an emergency interception pursuant to section 13-3015.

4. Disclosing stored electronic communications or preserving records, content or evidence pursuant to section 13-3016.

5. Providing equipment, information or assistance to render stored electronic communications in a usable form pursuant to section 13-3016.
A.R.S. § 13-3844 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3844
13-3844 Governor may investigate case
Status: in_force

13-3844. Governor may investigate case

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
A.R.S. § 13-3847 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3847
13-3847 Issue of governor's warrant of arrest; its recital
Status: in_force

13-3847. Issue of governor's warrant of arrest; its recital

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
A.R.S. § 13-4292 — Arizona Code / Title 13 / Chapter 38 / Article 34 / Section 4292
13-4292 General provisions
Status: in_force

13-4292. General provisions

Except as otherwise provided in this article, article 8 of this chapter applies to the use of tracking device search warrants and cell site simulator device search warrants.
A.R.S. § 13-718 — Arizona Code / Title 13 / Chapter 7 / Section 718
13-718 Sentence of life imprisonment; parole eligibility; applicability
Status: in_force

13-718. Sentence of life imprisonment; parole eligibility; applicability

A. Notwithstanding any other law, a person who was convicted of first degree murder and who was sentenced to life with the possibility of parole after serving a minimum number of calendar years pursuant to a plea agreement that contained a stipulation to parole eligibility is eligible for parole after serving the minimum number of calendar years that is specified in the sentence.  If granted parole, the person shall remain on parole for the remainder of the person's life except that the person's parole may be revoked pursuant to section 31-415.

B. This section applies to a defendant who entered into a plea agreement that stipulated to parole eligibility and who was sentenced at any time from and after January 1, 1994 and on or before August 3, 2018.
A.R.S. § 13-3103 — Arizona Code / Title 13 / Chapter 31 / Section 3103
13-3103 Misconduct involving explosives; classification
Status: in_force

13-3103. Misconduct involving explosives; classification

A. A person commits misconduct involving explosives by knowingly:

1. Keeping or storing a greater quantity than fifty pounds of explosives in or upon any building or premises within a distance of one-half mile of the exterior limits of a city or town, except in vessels, railroad cars or vehicles receiving and keeping them in the course of and for the purpose of transportation; or

2. Keeping or storing percussion caps or any blasting powder within two hundred feet of a building or premises where explosives are kept or stored; or

3. Selling, transporting or possessing explosives without having plainly marked, in a conspicuous place on the box or package containing the explosive, its name, explosive character and date of manufacture.

4. This section shall not apply to any person who legally keeps, stores or transports explosives, percussion caps or blasting powder as a part of their business.

B. Misconduct involving explosives is a class 1 misdemeanor.
A.R.S. § 13-3730 — Arizona Code / Title 13 / Chapter 37 / Section 3730
13-3730 Unlawful patient brokering; classification; definition
Status: in_force

13-3730. Unlawful patient brokering; classification; definition

A. It is unlawful for a person, including a health care provider, behavioral health professional, health care institution or sober living home, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:

1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.

2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.

B. A violation of this section is:

1. A class 3 felony if the consideration has a value of $1,000 or more.

2. A class 4 felony if the consideration has a value of more than $100 but less than $1,000.

3. A class 6 felony if the consideration has a value of $100 or less.

C. For the purposes of this section, "sober living home" has the same meaning prescribed in section 36-2061.
A.R.S. § 13-3312 — Arizona Code / Title 13 / Chapter 33 / Section 3312
13-3312 Crane games; prohibited acts; classification
Status: in_force

13-3312. Crane games; prohibited acts; classification

A. It is unlawful for a person to knowingly cause or commit the following actions:

1. Altering or maintaining a crane game so that the claw is physically unable to grasp exposed prizes.

2. Displaying prizes in a crane game in a manner so that the claw is physically incapable of grasping exposed prizes.

3. Misrepresenting the value of prizes in crane games.

4. Using cash or currency as prizes in crane games or awarding prizes in crane games which are redeemable for cash or currency.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-3914 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3914
13-3914 Examination on oath; affidavits
Status: in_force

13-3914. Examination on oath; affidavits

A. Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Before issuing the warrant, the magistrate may also examine any other sworn affidavit submitted to the magistrate that sets forth facts tending to establish probable cause for the issuance of the warrant.

B. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. The person or persons seeking the warrant and the judicial officer issuing the warrant must have probable cause for believing the grounds exist.

C. In lieu of, or in addition to, a written affidavit, or affidavits, as provided in subsection A, the magistrate may take an oral statement under oath which shall be recorded on tape, wire or other comparable method. This statement may be given in person to the magistrate or by telephone, radio or other means of electronic communication. This statement is deemed to be an affidavit for the purposes of issuance of a search warrant. If a recording of the sworn statement is made, the statement shall be transcribed at the request of the court or either party, certified by the magistrate and filed with the court.
A.R.S. § 13-2005 — Arizona Code / Title 13 / Chapter 20 / Section 2005
13-2005 Obtaining a signature by deception; classification
Status: in_force

13-2005. Obtaining a signature by deception; classification

A. A person commits obtaining a signature by deception if, with intent to defraud, such person obtains the signature of another person to a written instrument by knowingly misrepresenting or omitting any fact material to the instrument or transaction.

B. Obtaining a signature by deception is a class 1 misdemeanor.
A.R.S. § 13-1803 — Arizona Code / Title 13 / Chapter 18 / Section 1803
13-1803 Unlawful use of means of transportation; classification
Status: in_force

13-1803. Unlawful use of means of transportation; classification

A. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either:

1. Knowingly takes unauthorized control over another person's means of transportation.

2. Knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person pursuant to paragraph 1 or section 13-1814.

B. A violation of subsection A, paragraph 1 of this section is a class 5 felony.

C. A violation of subsection A, paragraph 2 of this section is a class 6 felony.
A.R.S. § 13-413 — Arizona Code / Title 13 / Chapter 4 / Section 413
13-413 No civil liability for justified conduct
Status: in_force

13-413. No civil liability for justified conduct

No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.
A.R.S. § 13-4407 — Arizona Code / Title 13 / Chapter 40 / Section 4407
13-4407 Notice of terms and conditions of release
Status: in_force

13-4407. Notice of terms and conditions of release

On the request of the victim, the custodial agency shall provide a copy of the terms and conditions of release to the victim unless the accused appeared in response to a summons. In that case, on request of the victim, the prosecutor's office, on receiving such information, shall provide a copy of the terms and conditions of release to the victim. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, information card or other material.
A.R.S. § 13-2413 — Arizona Code / Title 13 / Chapter 24 / Section 2413
13-2413 Interfering with a crime scene investigation; classification; definition
Status: in_force

13-2413. Interfering with a crime scene investigation; classification; definition

A. A person commits interfering with a crime scene investigation if the person knowingly disobeys a peace officer's reasonable verbal order to remain off the premises of a possible crime scene or otherwise interferes with a peace officer's crime scene investigation.

B. This section does not prevent a person from peaceably observing a police proceeding if the person does not interfere with or obstruct the peace officer's crime scene investigation.

C. Interfering with a crime scene investigation is a class 2 misdemeanor.

D. For the purposes of this section, "crime scene" means an area where a crime has possibly occurred and a peace officer who is on-site has determined that it is necessary to restrict the public's access to the area until any potential evidence of the crime at the scene is identified and preserved, victims and suspects are identified and, if necessary, any emergency medical care and ambulance transportation is requested.
A.R.S. § 13-3619 — Arizona Code / Title 13 / Chapter 36 / Section 3619
13-3619 Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations; classification
Status: in_force

13-3619. Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations; classification

A person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor.
A.R.S. § 13-806 — Arizona Code / Title 13 / Chapter 8 / Section 806
13-806 Restitution lien
Status: in_force

13-806. Restitution lien

A. The state or any person entitled to restitution pursuant to a court order may file in accordance with this section a restitution lien. A filing fee, a recording fee or any other charge is not required for filing or releasing a restitution lien.

B. A restitution lien shall be signed by the attorney representing the state in the criminal action or by a magistrate and shall set forth all of the following information:

1. The name and date of birth of the defendant whose property or other interests are subject to the lien.

2. The present residence or principal place of business of the person named in the lien, if known.

3. The criminal proceeding pursuant to which the lien is filed, including the name of the court, the title of the action and the court's file number.

4. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed or the name and address of the person entitled to restitution pursuant to a court order filing the lien.

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

6. The amount of restitution the defendant in the proceeding has been ordered to pay or an estimated amount of economic loss caused by the offense alleged in the proceeding if no restitution order has been entered yet.

7. A statement that the total amount of restitution owed will change and that the clerk of the court in which the proceeding was or is pending shall maintain a record of the outstanding balance.

C. A prosecutor or a victim in a criminal proceeding in which there was an economic loss may file a request with the court for a preconviction restitution lien after the filing of a misdemeanor complaint or felony information or indictment.

D. A victim in a criminal proceeding may file a restitution lien after restitution is determined and ordered by the trial court following pronouncement of the judgment and sentence.

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

F. The filing of a restitution lien in accordance with this section creates a lien in favor of the state or the victim in all of the following:

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

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

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

G. The filing of a restitution lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's or victim's claim. The lien created in favor of the state or the victim in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing any of the following:

1. A valid lien perfected before the filing of the restitution lien.

2. In the case of real property, an interest acquired and recorded before the filing of the restitution lien.

3. In the case of personal property, an interest acquired before the filing of the restitution lien.

H. This section does not limit the right of the state or any other person entitled to restitution to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized by law.

I. Following the entry of the judgment and sentence in the criminal case, if the trial court sentences the defendant to pay a fine or awards costs of investigation or prosecution, the state may file a restitution lien pursuant to this section for the amount of the fine or costs, except that a lien may not be perfected against a titled motor vehicle.

J. A criminal restitution lien is a criminal penalty for the purposes of any federal bankruptcy involving the defendant.

K. The court shall order the release of any preconviction restitution lien that has been filed or perfected if the defendant is acquitted or the state does not proceed with the prosecution.

L. A self-service storage facility that forecloses its lien pursuant to section 33-1704 may sell personal property that is subject to a restitution lien.  The proceeds from the sale, less the reasonable costs of sale, shall be paid to the restitution lienholder to satisfy the restitution lien as prescribed in section 33-1704. A person who is a good faith purchaser pursuant to section 33-1704 and who purchases personal property that is subject to a restitution lien takes the property free and clear of the rights of the restitution lienholder.
A.R.S. § 13-3423 — Arizona Code / Title 13 / Chapter 34 / Section 3423
13-3423 Medical assistance requests; prohibited prosecution of Good Samaritans; mitigating factor; definitions
Status: in_force

13-3423. Medical assistance requests; prohibited prosecution of Good Samaritans; mitigating factor; definitions

(Rpld. 7/1/28)

A. A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia or a preparatory offense if the evidence for the violation was gained as a result of the person's seeking medical assistance.

B. A person who experiences a drug-related overdose, who is in need of medical assistance and for whom medical assistance is sought pursuant to subsection A of this section may not be charged or prosecuted for the possession or use of a controlled substance or drug paraphernalia if the evidence for the violation was gained as a result of the person's overdose and need for medical assistance.

C. The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for a violation of this chapter.

D. This section does not limit either:

1. The admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify under subsection A or B of this section or with regard to any other crime.

2. The ability to seize contraband or make an arrest for any other offense.

E. This section does not prohibit a person specified in subsection A or B of this section from being offered a diversion program for an offense other than the possession or use of a controlled substance or drug paraphernalia or a preparatory offense.

F. For the purposes of this section:

1. "Medical assistance" means aid provided by a health care professional who is licensed, registered or certified in this state, who is acting within the health care professional's scope of practice and who provides a diagnosis, treatment or other medical service.

2. "Seeks medical assistance" means to call 911 or otherwise contact law enforcement, poison control or a hospital emergency department.
A.R.S. § 13-1211 — Arizona Code / Title 13 / Chapter 12 / Section 1211
13-1211 Discharging a firearm at a structure; classification; definitions
Status: in_force

13-1211. Discharging a firearm at a structure; classification; definitions

A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.

B. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.

C. For the purposes of this section:

1. "Nonresidential structure" means a structure other than a residential structure.

2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.

3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation.
A.R.S. § 13-3916 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3916
13-3916 Service of warrant; breaking and entering to execute
Status: in_force

13-3916. Service of warrant; breaking and entering to execute

A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.

B. An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when:

1. After notice of the officer’s authority and purpose, the officer receives no response within a reasonable time.

2. After notice of the officer’s authority and purpose, the officer is refused admittance.

3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.

4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer's authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.

C. A peace officer executing a search warrant may seize any property discovered in the course of the execution of the warrant if the officer has reasonable cause to believe that the item is subject to seizure under section 13-3912, even if the property is not enumerated in the warrant.

D. A peace officer executing a search warrant may make or cause to be made photographs, measurements, impressions or scientific tests.

E. A peace officer executing a search warrant directing a search of any premises or a vehicle may search any person in the premises or vehicle if either of the following applies:

1. It is reasonably necessary to protect himself or others from the use of any weapon that may be concealed upon the person.

2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.
A.R.S. § 13-3996 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3996
13-3996 Hearing on request of the treatment supervisor; requirements; release terms
Status: in_force

13-3996. Hearing on request of the treatment supervisor; requirements; release terms

A. On the request of a treatment supervisor, the court shall grant a hearing to review the status of the person under supervision. The treatment supervision shall include in the request the specific reasons for requesting the hearing and include any records, under seal, of communications and reports that support the need for the hearing.  The treatment supervisor shall submit the request to the court and the parties simultaneously and include a mental health report under seal.

B. If the treatment supervisor's recommendation includes a request for the addition of or changes to conditional release status, a proposed form of order must accompany the request for a hearing.

C. If a treatment supervisor believes that the person has violated a conditional release term or that the person's mental health has deteriorated and:

1. If the person is residing in a secure mental health facility, the treatment supervisor may suspend the person's conditional release pending the hearing and a determination by the court. The treatment supervisor shall file a written mental health report under seal, including the circumstances and the reasons for any proposed change, to the court and the parties within seven days after the request for a hearing.

2. If the person is conditionally released to the community, the court may order the person's return to hospitalization and set a hearing pursuant to section 13-3998. If the person is returned to hospitalization, the outpatient treatment supervisor shall submit a mental health report to the court and the parties within three days after a request is made pursuant to this subsection. The mental health report must provide all of the information that was considered before granting the return order.

3. If the safety of the community or the person is not at risk, the court may allow the person to remain in the community subject to the person's conditional release terms. If the person remains in the community, the outpatient treatment supervisor shall submit a mental health report to the court and the parties within seven days after the request is made pursuant to this subsection.

D. If the person is conditionally released to the community and the outpatient treatment supervisor has reasonable cause to believe that the person's mental health has deteriorated such that immediate rehospitalization is necessary to protect the safety of the public or any person, the outpatient treatment supervisor shall consult with the secure mental health facility, and the chief medical officer for the secure mental health facility may sign an order directing the person's return and members of the treatment team may transport the person to the secure mental health facility. The person shall be immediately admitted to the secure mental health facility. The outpatient treatment supervisor shall inform the court and the parties within one court day after the person's return.  On receiving the notice, the court shall set a hearing pursuant to section 13-3998. The outpatient treatment supervisor shall submit a written mental health report to the court and the parties within three days after the person's return and must include all of the information that was considered before ordering the person's return.
A.R.S. § 13-2305 — Arizona Code / Title 13 / Chapter 23 / Section 2305
13-2305 Permissible inferences
Status: in_force

13-2305. Permissible inferences

In an action for trafficking in stolen property:

1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an inference that the person in possession of the property was aware of the risk that it had been stolen or in some way participated in its theft.

2. Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.

3. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.
A.R.S. § 13-3997 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3997
13-3997 Hearing on motion of a person under the jurisdiction of the court
Status: in_force

13-3997. Hearing on motion of a person under the jurisdiction of the court

A. A person who is under the jurisdiction of the court may request and the court shall grant a hearing not sooner than one hundred twenty days after the person is committed to a secure mental health facility. After the initial hearing or any subsequent hearing, a person may request and the court shall grant a hearing not sooner than twenty months after the previous hearing.

B. The court, with sufficient cause, may grant a motion for a hearing by the person at any time.

C. If the person is requesting a change in conditional release status, the request must include a proposed form of order and may be accompanied by a mental health report.

D. If the person is conditionally released to the community and believes that rehospitalization is necessary to protect the person's safety or the safety of the public, the person may present himself to the outpatient treatment supervisor and request that the outpatient treatment supervisor consult with the secure mental health facility and request that the chief medical officer for the secure mental health facility sign an order for immediate readmission to the secure mental health facility.  The court shall set a hearing pursuant to section 13-3998. The inpatient and outpatient treatment supervisors shall submit a mental health report to the court within seven days after the person is readmitted.
A.R.S. § 13-3605 — Arizona Code / Title 13 / Chapter 36 / Section 3605
13-3605 Advertising to produce abortion or prevent conception; punishment
Status: in_force

13-3605. Advertising to produce abortion or prevent conception; punishment

A person who wilfully writes, composes or publishes a notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for prevention of conception, or who offers his services by a notice, advertisement or otherwise, to assist in the accomplishment of any such purposes, is guilty of a misdemeanor.
A.R.S. § 13-1216 — Arizona Code / Title 13 / Chapter 12 / Section 1216
13-1216 Hazing planning or organizing; classification
Status: in_force

13-1216. Hazing planning or organizing; classification

A. A person commits hazing planning or organizing by doing any of the following:

1. With the intent to promote or aid the commission of hazing, the person agrees with one or more persons that at least one of them or another person will engage in hazing and one of the parties commits an overt act in furtherance of hazing.

2. Intentionally or knowingly engages in conduct that would constitute hazing if the attendant circumstances were as the person believes them to be.

3. Intentionally or knowingly does anything that, under the circumstances as the person believes them to be, is any step in a course of conduct planned to culminate in committing hazing.

4. Intentionally or knowingly engages in conduct that is intended to aid another to commit hazing, although the hazing is not committed or attempted by the other person, if the person's conduct would establish the person's complicity under chapter 3 of this title and the hazing was committed or attempted by the other person.

B. A person may not be charged with or prosecuted for a violation of this section if the person, in writing, transmits to the others involved in the hazing or hazing planning or organizing a complete and voluntary renunciation of the person's criminal intent or takes active steps to thwart the planned hazing from occurring.

C. A violation of this section is a class 2 misdemeanor.
A.R.S. § 13-4012 — Arizona Code / Title 13 / Chapter 38 / Article 16 / Section 4012
13-4012 Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction
Status: in_force

13-4012. Costs of transmittal of records of prosecution to another county upon discovery that trial court is without jurisdiction

The expenses of transmitting to the county attorney of another county a certified copy of the indictment or information and all papers filed in an action, pursuant to suspension of proceedings in a criminal action, upon discovery during the trial that the court in which the trial was being conducted was without jurisdiction of the offense charged, shall be a charge upon the county to which such papers are transmitted.
A.R.S. § 13-3965 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3965
13-3965 Procedure when bail not given
Status: in_force

13-3965. Procedure when bail not given

If the person arrested is not bailable as of right in respect of the offense set forth in the warrant, or if, on the admission to bail of the person arrested as provided in section 13-3963, bail is not forthwith given, the officer who made the arrest shall take the person arrested before the magistrate who issued the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in the same county.
A.R.S. § 13-412 — Arizona Code / Title 13 / Chapter 4 / Section 412
13-412 Duress
Status: in_force

13-412. Duress

A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.

B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

C. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.
A.R.S. § 13-2503 — Arizona Code / Title 13 / Chapter 25 / Section 2503
13-2503 Escape in the second degree; classification
Status: in_force

13-2503. Escape in the second degree; classification

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

1. Escaping or attempting to escape from a juvenile secure care facility or a juvenile detention facility; or

2. Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or

3. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3992, 13-4507, 13-4512 or 31-226 or rule 11 of the Arizona rules of criminal procedure; or

4. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to title 36, chapter 37.

5. Attempting to escape from an adult correctional facility.

B. Escape in the second degree pursuant to subsection A, paragraph 1, 2, 4 or 5 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.  Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.
A.R.S. § 13-4084 — Arizona Code / Title 13 / Chapter 38 / Article 22 / Section 4084
13-4084 Material witness deposition; time limits
Status: in_force

13-4084. Material witness deposition; time limits

A. A detained material witness must either testify or be deposed within three days after the court's detention order pursuant to section 13-4083, subsection C. The Arizona rules of criminal procedure shall govern any deposition taken pursuant to this section.  The Arizona rules of evidence shall govern the use or admissibility of any deposition taken pursuant to this section.

B. If a material witness is not deposed within three days after a court's order pursuant to section 13-4083, subsection C, the material witness shall be released from detention.
A.R.S. § 13-1603 — Arizona Code / Title 13 / Chapter 16 / Section 1603
13-1603 Criminal littering or polluting; classification
Status: in_force

13-1603. Criminal littering or polluting; classification

A. A person commits criminal littering or polluting if the person without lawful authority does any of the following:

1. Throws, places, drops or permits to be dropped on public property or property of another that is not a lawful dump any litter, destructive or injurious material that the person does not immediately remove.

2. Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines within this state.

3. Dumps any earth, soil, stones, ores or minerals on any land.

B. Criminal littering or polluting is punishable as follows:

1. A class 6 felony if the act is a knowing violation of subsection A in which the amount of litter or other prohibited material or substance exceeds three hundred pounds in weight or one hundred cubic feet in volume or is done in any quantity for a commercial purpose.

2. A class 1 misdemeanor if the act is a knowing violation of subsection A, paragraph 1 in which the amount of litter or prohibited material or substance is more than one hundred pounds in weight but less than three hundred pounds in weight or more than thirty-five cubic feet in volume but less than one hundred cubic feet in volume and is not done for a commercial purpose.

3. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this subsection and involves placing any destructive or injurious material on or within fifty feet of a highway, beach or shoreline of any body of water used by the public.

4. A class 2 misdemeanor if the act is not punishable under paragraph 1, 2 or 3 of this subsection.

C. If a fine is assessed for a violation of subsection A, paragraph 1 or 2, one hundred per cent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty per cent of the fine shall be used by the county for the purposes of illegal dumping cleanup.
A.R.S. § 13-2513 — Arizona Code / Title 13 / Chapter 25 / Section 2513
13-2513 Failure to discharge duties; classification; definition
Status: in_force

13-2513. Failure to discharge duties; classification; definition

A. A person who has custodial responsibility and who intentionally fails to discharge those duties is guilty of a class 1 misdemeanor if that failure results in any of the following:

1. The escape of a prisoner.

2. Serious physical injury to or the death of any other person or prisoner.

B. For the purposes of this section, "custodial responsibility" means having responsibility for the care, management or control of a prisoner who is committed to the state department of corrections.
A.R.S. § 13-3874 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3874
13-3874 Indian police; powers; qualifications
Status: in_force

13-3874. Indian police; powers; qualifications

A. While engaged in the conduct of his employment any Indian police officer who is appointed by the bureau of Indian affairs or the governing body of an Indian tribe as a law enforcement officer and who meets the qualifications and training standards adopted pursuant to section 41-1822 shall possess and exercise all law enforcement powers of peace officers in this state.

B. Each agency appointing any Indian police officer pursuant to this section shall be liable for any and all acts of such officer acting within the scope of his employment or authority. Neither the state nor any political subdivision shall be liable for any acts or failure to act by any such Indian police officer.
A.R.S. § 13-2323 — Arizona Code / Title 13 / Chapter 23 / Section 2323
13-2323 Participating in a human smuggling organization or operation; classification
Status: in_force

13-2323. Participating in a human smuggling organization or operation; classification

A. A person commits participating in a human smuggling organization or operation by any of the following:

1. Intentionally or knowingly organizing, managing, directing, supervising, coordinating, facilitating, leading, assisting, participating in or financing a human smuggling organization or operation that furthers the criminal objectives of the human smuggling organization or operation.

2. Knowingly directing or instructing others to engage in violence or intimidation to promote or further the criminal objectives of a human smuggling organization or operation.

3. Furnishing advice or direction in the conduct, financing or management of a human smuggling organization's or operation's affairs with the intent to promote or further the criminal objectives of a human smuggling organization or operation.

4. Intentionally promoting or furthering the criminal objectives of a human smuggling organization or operation by inducing or committing any act or omission by a public servant in violation of the public servant's official duty.

5. Knowingly assisting a human smuggling organization or operation by transporting a person, or procuring the transportation for a person, with the intent to do either of the following:

(a) Conceal the person from a peace officer.

(b) Assist the person with fleeing from a peace officer who is attempting to lawfully arrest or detain the person.

B. Participating in a human smuggling organization or operation is a class 2 felony.

C. A person who is convicted of a violation of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
A.R.S. § 13-901.02 — Arizona Code / Title 13 / Chapter 9 / Section 901.02
13-901.02 Drug treatment and education fund
Status: in_force

13-901.02. Drug treatment and education fund

A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund.

B. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed by the administrative office of the supreme court to the superior court probation departments to cover the costs of placing persons in drug education and treatment programs administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Such monies shall be allocated to superior court probation departments according to a formula based on probation caseload to be established by the administrative office of the supreme court.

C. Fifty per cent of the monies deposited in the drug treatment and education fund shall be distributed to the Arizona parents commission on drug education and prevention established by section 41-1604.17.

D. The administrative office of the supreme court shall cause to be prepared at the end of each fiscal year after 1997 an accountability report card that details the cost savings realized from the diversion of persons from prisons to probation. A copy of the report shall be submitted to the governor and the legislature, and a copy of the report shall be sent to each public library in the state. Beginning July 1, 2011, the report shall be submitted electronically.  The administrative office of the supreme court shall receive reimbursement from the drug treatment and education fund for any administrative costs it incurs in the implementation of this section.
A.R.S. § 13-3407.01 — Arizona Code / Title 13 / Chapter 34 / Section 3407.01
13-3407.01 Manufacturing methamphetamine under circumstances that cause physical injury to a minor; classification
Status: in_force

13-3407.01. Manufacturing methamphetamine under circumstances that cause physical injury to a minor; classification

A. A person shall not knowingly manufacture methamphetamine under any circumstance that causes physical injury to a minor who is under fifteen years of age.

B. A person who violates this section is guilty of a class 2 felony and is punishable as provided by section 13-705.
A.R.S. § 13-4000 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 4000
13-4000 Independent qualified expert; evaluation
Status: in_force

13-4000. Independent qualified expert; evaluation

A. Before any hearing, either party may retain an independent qualified expert to evaluate the person and make recommendations to the court.

B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent.

C. If the person retains a qualified expert, the qualified expert shall provide to the state's expert, on request, all records considered or generated by the qualified expert.

D. If the person retains a qualified expert, the person must submit to the state's evaluation, if requested, or is precluded from presenting the person's own qualified expert opinion.

E. If providing testimony, an independent qualified expert who is retained by either party must provide a written report to the remaining parties at least fourteen days before a hearing.  If requested, the qualified expert must be available for an interview or deposition by the opposing party.

F. Any party may request and the court, with sufficient cause, shall grant a continuance for a hearing to accommodate a reasonable request to obtain a qualified expert evaluation. A hearing that is requested pursuant to section 13-3998, subsection C may not be continued at the state's request.
A.R.S. § 13-3963 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3963
13-3963 Arrest with warrant; admission to bail when arrest occurs in another county
Status: in_force

13-3963. Arrest with warrant; admission to bail when arrest occurs in another county

A. When an arrest by virtue of a warrant occurs in a county other than that in which the alleged offense was committed, the person arrested shall without unnecessary delay be taken either before the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county in which the offense was committed.

B. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant includes a bond amount, the officer making the arrest, on being so requested by the person arrested, shall take the person arrested before a magistrate or other official of the county in which the arrest occurs or the county in which the offense was committed having authority to admit the person arrested to bail, who shall admit the person arrested to bail and order the person arrested to appear in the court that issued the warrant.
A.R.S. § 13-1214 — Arizona Code / Title 13 / Chapter 12 / Section 1214
13-1214 Unlawful mutilation; classification; definition
Status: in_force

13-1214. Unlawful mutilation; classification; definition

A. It is unlawful for a person to:

1. Mutilate a female who is under eighteen years of age.

2. Knowingly transport a female who is under eighteen years of age to another jurisdiction for the purpose of mutilation.

3. Recklessly transport a female who is under eighteen years of age to another jurisdiction where mutilation is likely to occur.

B. 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 twenty-five thousand dollars.

C. Unlawful mutilation is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.  If the victim is under fifteen years of age, unlawful mutilation is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E.  The term for a first offense is as follows:

Minimum Presumptive   Maximum

5.25 years  7 years     14 years

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

Minimum Presumptive   Maximum

7 years     10.5 years  21 years

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

Minimum Presumptive   Maximum

14 years     15.75 years 28 years

D. The sentence imposed on a person for unlawful mutilation shall be consecutive to any other unlawful mutilation sentence imposed on the person at any time.

E. The consent of the minor on whom the mutilation is performed or the parents of the minor is not a defense to a prosecution for unlawful mutilation.

F. For the purposes of this section, "mutilate" or "mutilation" means the partial or total removal of the clitoris, prepuce, labia minora, with or without excision of the labia major, the narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without removal of the clitoris, or any harmful procedure to the genitalia, including pricking, piercing, incising, scraping or cauterizing. Mutilate and mutilation do not include procedures performed by a licensed physician that are proven to be medically necessary due to a medically recognized condition.
A.R.S. § 13-3424 — Arizona Code / Title 13 / Chapter 34 / Section 3424
13-3424 Sale of lethal fentanyl; affirmative defense; classification
Status: in_force

13-3424. Sale of lethal fentanyl; affirmative defense; classification

(Caution:  1998 Prop. 105 applies)

A. A person who is at least eighteen years of age commits sale of lethal fentanyl if the person knowingly sells fentanyl in violation of section 13-3408, subsection A, paragraph 7 and both of the following apply:

1. The person knows that the drug being sold contains fentanyl.

2. The fentanyl causes the death of another person.

B. It is an affirmative defense to a charge brought under this section that the fentanyl and its precursor chemicals were either manufactured in the United States or were lawfully imported into the United States.

C. Sale of lethal fentanyl is a class 2 felony, except that the presumptive, minimum and maximum sentences shall be increased by five years.
A.R.S. § 13-4092 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4092
13-4092 Summoning witness in this state to testify in another state
Status: in_force

13-4092. Summoning witness in this state to testify in another state

A. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for a hearing.

B. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

C. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

D. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of a witness who disobeys a summons issued from a court of record in this state.
A.R.S. § 13-4252 — Arizona Code / Title 13 / Chapter 38 / Article 30 / Section 4252
13-4252 Recording of testimony
Status: in_force

13-4252. Recording of testimony

A. The recording of an oral statement of a minor made before a proceeding begins is admissible into evidence if all of the following are true:

1. No attorney for either party was present when the statement was made.

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

3. Every voice on the recording is identified.

4. The person conducting the interview of the minor in the recording is present at the proceeding and available to testify or be cross-examined by either party.

5. The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence.

6. The minor is available to testify.

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

8. The statement was not made in response to questioning calculated to lead the minor to make a particular statement.

B. If the electronic recording of the oral statement of a minor is admitted into evidence under this section, either party may call the minor to testify and the opposing party may cross-examine the minor.
A.R.S. § 13-2109 — Arizona Code / Title 13 / Chapter 21 / Section 2109
13-2109 Credit card transaction record theft; classification
Status: in_force

13-2109. Credit card transaction record theft; classification

A. A person commits credit card transaction record theft by:

1. If the person is a merchant, knowingly presenting for payment to a participating party, with intent to defraud, a credit card transaction record of a sale that was not made by the merchant.

2. Knowingly and without the participating party's authorization commanding, encouraging, requesting or soliciting a merchant to present for payment to the participating party a credit card transaction record of a sale that was not made by the merchant.

B. In order to determine the classification of the offense, the state may aggregate in the indictment or information amounts that were taken from one or more persons in credit card transaction record theft that was committed pursuant to one scheme or course of conduct.

C. Credit card transaction record theft with a value of twenty-five thousand dollars or more is a class 2 felony. Credit card transaction record theft with a value of at least three thousand dollars but less than twenty-five thousand dollars is a class 3 felony. Credit card transaction record theft with a value of at least two thousand dollars but less than three thousand dollars is a class 4 felony. Credit card transaction record theft with a value of at least one thousand dollars but less than two thousand dollars is a class 5 felony. Credit card transaction record theft with a value of at least five hundred dollars but less than one thousand dollars is a class 6 felony. Credit card transaction record theft with a value of less than five hundred dollars is a class 1 misdemeanor.

D. A person who is convicted of a violation of this section that involved an amount of at least one hundred thousand dollars 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 has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
A.R.S. § 13-4414 — Arizona Code / Title 13 / Chapter 40 / Section 4414
13-4414 Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording
Status: in_force

13-4414. Notice of postconviction release; right to be heard; hearing; final decision; free electronic recording

A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered pursuant to section 31-233, 31-411 or 41-1604.13.

B. If the victim has made a request for postconviction notice, the board of executive clemency shall, at least fifteen days before the hearing, give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.

C. If the victim has made a request for postconviction notice, the board of executive clemency shall give to the victim notice of the decision reached by the board. The notice shall be mailed within fifteen days after the board reaches its decision.

D. Any electronic recordings that are made during a postconviction release hearing shall be provided, on request, to the victim free of charge.
A.R.S. § 13-2206 — Arizona Code / Title 13 / Chapter 22 / Section 2206
13-2206 Fraud in insolvency; classification
Status: in_force

13-2206. Fraud in insolvency; classification

A. A person commits fraud in insolvency if, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver or other person entitled to administer property for the benefit of creditors or when any other assignment, composition or liquidation for the benefit of creditors has been or is about to be made, such person:

1. Destroys, removes, conceals, encumbers, transfers or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of any law relating to the administration of property for the benefit of creditors; or

2. Knowingly falsifies any writing or record relating to the property; or

3. Knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors the existence, amount or location of the property or any other information which he could be legally required to furnish to such administration; or

4. Obtains any substantial part of or interest in the debtor's estate with intent to defraud any creditor.

B. Fraud in insolvency is a class 6 felony.
A.R.S. § 13-1414 — Arizona Code / Title 13 / Chapter 14 / Section 1414
13-1414 Expenses of investigation; website notice
Status: in_force

13-1414. Expenses of investigation; website notice

A. Any medical or forensic interview or examination expenses arising out of the need to secure evidence that a person has been the victim of a dangerous crime against children as defined in section 13-705 or a sexual offense pursuant to section 13-1404, 13-1405, 13-1406 or 13-3212 shall be paid by the county in which the offense occurred with any of the following:

1. Federal monies.

2. State monies that are appropriated by the legislature for these investigation expenses.

3. Any applicable combination of monies described in paragraph 1 or 2 of this section.

B. Each county shall publish on the county's website the name of the county official who is responsible for paying the expenses included in subsection A of this section.
A.R.S. § 13-1413 — Arizona Code / Title 13 / Chapter 14 / Section 1413
13-1413 Capacity of minor sexual assault victim to consent to medical examination
Status: in_force

13-1413. Capacity of minor sexual assault victim to consent to medical examination

Notwithstanding any other provision of the law, when it is not possible to contact the parents or legal guardian within the short time span in which the examination should be conducted a minor twelve years of age or older alleged to be the victim of a violation of section 13-1406 may give consent to hospital, medical and surgical examination, diagnosis and care in connection with such violation. Such consent shall not be subject to incapacity because of the victim's age. The consent of the parent, parents or legal guardian of such minor shall not be necessary to authorize such hospital, medical and surgical examination, diagnosis and care, and such parent, parents or legal guardian shall not be liable for payment for any services rendered pursuant to this section.
A.R.S. § 13-3875.01 — Arizona Code / Title 13 / Chapter 38 / Article 6 / Section 3875.01
13-3875.01 Cross-certification of peace officers from adjoining states; policy; powers; qualifications; liability; records; definition
Status: in_force

13-3875.01. Cross-certification of peace officers from adjoining states; policy; powers; qualifications; liability; records; definition

A. The sheriff of each county shall develop and adopt a policy on cross-certification of peace officers from adjoining states, including whether to allow cross-certification in that county.

B. A peace officer who is employed by a county of an adjoining state and who has completed the basic training curriculum for the peace officer's agency shall possess and exercise all law enforcement powers of peace officers in this state pursuant to subsection F of this section for one year, including, if directed by the peace officer's employer, the capability to enforce the criminal laws of this state if the peace officer does both of the following:

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

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

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

D. This state or any political subdivision of this state is not liable for any act or failure to act by a peace officer from an adjoining state. The peace officer's home state is liable for damages arising from an act or failure to act by the peace officer.

E. The Arizona peace officer standards and training board shall maintain records of all peace officers from adjoining states who are certified as peace officers in this state.

F. A peace officer from an adjoining state is not subject to the requirements prescribed in section 41-1823, subsection B if an emergency in a county in this state necessitates the aid of or assistance from the peace officer from an adjoining state.

G. For the purposes of this section, "emergency" means a situation in which a person is or is reasonably believed to be in imminent danger of serious physical injury or in which property is or is reasonably believed to be in imminent danger of damage or destruction.
A.R.S. § 13-1206 — Arizona Code / Title 13 / Chapter 12 / Section 1206
13-1206 Dangerous or deadly assault by prisoner or juvenile; classification
Status: in_force

13-1206. Dangerous or deadly assault by prisoner or juvenile; classification

A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county or city jail, who commits an assault involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious physical injury upon another person is guilty of a class 2 felony.  If the person is an adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the rules of procedure for the juvenile court, the person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted. A sentence imposed pursuant to this section shall be consecutive to any other sentence presently being served by the convicted person.
A.R.S. § 13-4902 — Arizona Code / Title 13 / Chapter 45 / Section 4902
13-4902 Criminal trespass on commercial nuclear generating station; classification
Status: in_force

13-4902. Criminal trespass on commercial nuclear generating station; classification

A. A person commits criminal trespass on a commercial nuclear generating station by knowingly either:

1. Entering or remaining unlawfully in or on a commercial nuclear generating station.

2. Entering or remaining unlawfully within a structure or fenced yard of a commercial nuclear generating station.

B. Criminal trespass on a commercial nuclear generating station is a class 4 felony.
A.R.S. § 13-2606 — Arizona Code / Title 13 / Chapter 26 / Section 2606
13-2606 Offer to exert improper influence on public officer or employee for consideration; classification
Status: in_force

13-2606. Offer to exert improper influence on public officer or employee for consideration; classification

A person who intentionally or knowingly obtains or seeks to obtain any benefit from another person upon a claim or representation that he can or will improperly influence the action of a public servant is guilty of a class 4 felony.
A.R.S. § 13-2510 — Arizona Code / Title 13 / Chapter 25 / Section 2510
13-2510 Hindering prosecution; definition
Status: in_force

13-2510. Hindering prosecution; definition

For purposes of sections 13-2511 and 13-2512 a person renders assistance to another person by knowingly:

1. Harboring or concealing the other person; or

2. Warning the other person of impending discovery, apprehension, prosecution or conviction. This does not apply to a warning given in connection with an effort to bring another into compliance with the law; or

3. Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction; or

4. Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or

5. Suppressing by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the other person; or

6. Concealing the identity of the other person.
A.R.S. § 13-4051 — Arizona Code / Title 13 / Chapter 38 / Article 19 / Section 4051
13-4051 Entry on records; stipulation; court order
Status: in_force

13-4051. Entry on records; stipulation; court order

A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry on all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.

B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of or provide access to such records to any person except on order of the court.

C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.
A.R.S. § 13-1901 — Arizona Code / Title 13 / Chapter 19 / Section 1901
13-1901 Definitions
Status: in_force

13-1901. Definitions

In this chapter, unless the context otherwise requires:

1. "Force" means any physical act directed against a person as a means of gaining control of property.

2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery.

3. "Property of another" means property of another as defined in section 13-1801.

4. "Threat" means a verbal or physical menace of imminent physical injury to a person.
A.R.S. § 13-1304 — Arizona Code / Title 13 / Chapter 13 / Section 1304
13-1304 Kidnapping; classification; consecutive sentence
Status: in_force

13-1304. Kidnapping; classification; consecutive sentence

A. A person commits kidnapping by knowingly restraining another person with the intent to:

1. Hold the victim for ransom, as a shield or hostage; or

2. Hold the victim for involuntary servitude; or

3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or

4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or

5. Interfere with the performance of a governmental or political function; or

6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.

B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.
A.R.S. § 13-2907.02 — Arizona Code / Title 13 / Chapter 29 / Section 2907.02
13-2907.02 False reporting of child abuse or neglect; classification
Status: in_force

13-2907.02. False reporting of child abuse or neglect; classification

A person who knowingly and intentionally makes a false report of child abuse or neglect knowing the report is false or a person who coerces another person to make a false report of child abuse or neglect knowing the report is false is guilty of a class 1 misdemeanor.
A.R.S. § 13-2802 — Arizona Code / Title 13 / Chapter 28 / Section 2802
13-2802 Influencing a witness; classification
Status: in_force

13-2802. Influencing a witness; classification

A. A person commits influencing a witness if such person threatens a witness or offers, confers or agrees to confer any benefit upon a witness in any official proceeding or a person he believes may be called as a witness with intent to:

1. Influence the testimony of that person; or

2. Induce that person to avoid legal process summoning him to testify; or

3. Induce that person to absent himself from any official proceeding to which he has been legally summoned.

B. Influencing a witness is a class 5 felony.
A.R.S. § 13-4026 — Arizona Code / Title 13 / Chapter 38 / Article 17 / Section 4026
13-4026 Proceedings subsequent to examination for pregnancy
Status: in_force

13-4026. Proceedings subsequent to examination for pregnancy

A. If it is determined that the female prisoner is not pregnant, the superintendent shall execute the sentence.

B. If it is determined that she is pregnant, the superintendent shall suspend the execution of the sentence and transmit a certified copy of the finding to the governor.

C. When the governor receives from the superintendent a certificate that the defendant is no longer pregnant, he shall issue to the superintendent his warrant, appointing a day for the execution of the sentence.
A.R.S. § 13-4129 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4129
13-4129 Production of prisoner; exception
Status: in_force

13-4129. Production of prisoner; exception

A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before the court or judge according to the command of the writ.

B. When from sickness or infirmity of the person directed to be produced, the person cannot without danger be brought before the court or judge, the person in whose custody or power he is may state that fact in his return to the writ. If the court or judge is satisfied of the truth of the allegations of sickness or infirmity, and the return to the writ is otherwise sufficient the court or judge may decide the matter on such return and dispose of the matter as if the party had been produced on the writ, or the hearing thereof may be adjourned until the party can be produced.
A.R.S. § 13-3989 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3989
13-3989 Admissibility in evidence of eye witness testimony
Status: in_force

13-3989. Admissibility in evidence of eye witness testimony

The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court of this state.
A.R.S. § 13-3104 — Arizona Code / Title 13 / Chapter 31 / Section 3104
13-3104 Depositing explosives; classification
Status: in_force

13-3104. Depositing explosives; classification

A. A person commits depositing explosives if with the intent to physically endanger, injure, intimidate or terrify any person, such person knowingly deposits any explosive on, in or near any vehicle, building or place where persons inhabit, frequent or assemble.

B. Depositing explosives is a class 4 felony.
A.R.S. § 13-411 — Arizona Code / Title 13 / Chapter 4 / Section 411
13-411 Justification; use of force in crime prevention; applicability
Status: in_force

13-411. Justification; use of force in crime prevention; applicability

A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.

B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.

C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.

D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.
A.R.S. § 13-3983 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3983
13-3983 Waiver of jury by consent of parties
Status: in_force

13-3983. Waiver of jury by consent of parties

A trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.
A.R.S. § 13-4094 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4094
13-4094 Exemption from arrest and service of process
Status: in_force

13-4094. Exemption from arrest and service of process

A. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

B. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
A.R.S. § 13-401 — Arizona Code / Title 13 / Chapter 4 / Section 401
13-401 Unavailability of justification defense; justification as defense
Status: in_force

13-401. Unavailability of justification defense; justification as defense

A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

B. Except as provided in subsection A, justification, as defined in this chapter, is a defense in any prosecution for an offense pursuant to this title.
A.R.S. § 13-205 — Arizona Code / Title 13 / Chapter 2 / Section 205
13-205 Affirmative defenses; justification; burden of proof
Status: in_force

13-205. Affirmative defenses; justification; burden of proof

A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence. Justification defenses under chapter 4 of this title are not affirmative defenses. Justification defenses describe conduct that, if not justified, would constitute an offense but, if justified, does not constitute criminal or wrongful conduct.  If evidence of justification pursuant to chapter 4 of this title is presented by the defendant, the state must prove beyond a reasonable doubt that the defendant did not act with justification.

B. This section does not affect the presumption contained in section 13-411, subsection C and section 13-503.
A.R.S. § 13-1602 — Arizona Code / Title 13 / Chapter 16 / Section 1602
13-1602 Criminal damage; classification
Status: in_force

13-1602. Criminal damage; classification

A. A person commits criminal damage by:

1. Recklessly defacing or damaging property of another person.

2. Recklessly tampering with property of another person so as substantially to impair its function or value.

3. Recklessly damaging property of a utility.

4. Recklessly physically obstructing a passageway in such a manner as to deprive livestock of access to the only reasonably available water.

5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

6. Intentionally tampering with utility property.

B. Criminal damage is punished as follows:

1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of $10,000 or more.

2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.

3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.

4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of $1,000 or more but less than $2,000.

5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than $250 but less than $1,000.

6. In all other cases criminal damage is a class 2 misdemeanor.

C. For a violation of subsection A, paragraph 5 of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
A.R.S. § 13-4702 — Arizona Code / Title 13 / Chapter 43 / Section 4702
13-4702 Conducting a chop shop; exception; violation; classification
Status: in_force

13-4702. Conducting a chop shop; exception; violation; classification

A. A person shall not knowingly:

1. Own or operate a chop shop.

2. Transport a motor vehicle or motor vehicle part to or from a chop shop.

3. Sell or transfer to or purchase or receive from a chop shop a motor vehicle or motor vehicle part.

4. Remove, destroy, deface or otherwise alter a vehicle identification number with the intent to misrepresent or prevent the identification of the motor vehicle or motor vehicle part.

5. Buy, sell, transfer or possess a motor vehicle or motor vehicle part knowing that the motor vehicle identification number, which was placed on the motor vehicle or motor vehicle part by the manufacturer, has been removed, destroyed, defaced or otherwise altered.

B. This section does not apply to law enforcement authorities and lawful owners acting in good faith, towing companies or scrap processors, licensed automotive recyclers and other businesses acting in good faith and in the normal course of business and in conformance with all applicable laws.

C. A person who violates subsection A, paragraph 1 of this section is guilty of a class 2 felony. A person who violates subsection A, paragraph 2, 3, 4 or 5 of this section is guilty of a class 4 felony.
A.R.S. § 13-4006 — Arizona Code / Title 13 / Chapter 38 / Article 15 / Section 4006
13-4006 Unlawful foreign law enforcement activity; classification; definitions
Status: in_force

13-4006. Unlawful foreign law enforcement activity; classification; definitions

A. It is unlawful for a person, when intentionally acting as a foreign government agent or foreign terrorist organization agent, at the direction of or on behalf of the foreign government or foreign terrorist organization, to intentionally engage in law enforcement activity without the knowledge and approval of a federal or state law enforcement agency.

B. A person who violates this section is guilty of a class 2 felony.

C. For the purposes of this section:

1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government.

2. "Foreign terrorist organization agent" means an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.

3. "Law enforcement activity" means undertaking a criminal investigation at the direction of the prosecutor or a police officer of a foreign government.
A.R.S. § 13-3559 — Arizona Code / Title 13 / Chapter 35.1 / Section 3559
13-3559 Reporting suspected visual depictions of sexual exploitation of a minor; immunity
Status: in_force

13-3559. Reporting suspected visual depictions of sexual exploitation of a minor; immunity

A. Any communication service provider, remote computing service, system administrator, computer repair technician or other person who discovers suspected visual depictions of sexual exploitation of a minor on a computer, computer system or network or in any other storage medium may report that discovery to a law enforcement officer.

B. A person who on discovery in good faith reports the discovery of suspected visual depictions of sexual exploitation of a minor is immune from civil liability.

C. It is an affirmative defense to a prosecution for a violation of section 13-3553 that on discovery a person in good faith reports the discovery of unsolicited suspected visual depictions involving the sexual exploitation of a minor.
A.R.S. § 13-4411 — Arizona Code / Title 13 / Chapter 40 / Section 4411
13-4411 Notice of post-conviction review and appellate proceedings
Status: in_force

13-4411. Notice of post-conviction review and appellate proceedings

A. Within fifteen days after sentencing the prosecutor's office shall, on request, notify the victim of the sentence imposed on the defendant.

B. The prosecutor's office shall provide the victim with a form that allows the victim to request post-conviction notice of all post-conviction review and appellate proceedings, all post-conviction release proceedings, all probation modification proceedings that impact the victim, all probation revocation or termination proceedings, any decisions that arise out of these proceedings, all releases and all escapes.

C. The prosecutor's office shall advise the victim on how the completed request form may be filed with the appropriate agencies and departments.

D. On request of the victim, the prosecutor's office that is responsible for handling any post-conviction or appellate proceedings immediately shall notify the victim of the proceedings and any decisions that arise out of the proceedings.

E. Beginning December 1, 2007, the supreme court or court of appeals shall send a victim who requests notice pursuant to this section a copy of the memorandum decision or opinion from the issuing court concurrently with the parties.  If the victim is represented by counsel, the notice shall be provided to the victim's counsel.
A.R.S. § 13-2108 — Arizona Code / Title 13 / Chapter 21 / Section 2108
13-2108 Fraud by person authorized to provide goods or services; classification
Status: in_force

13-2108. Fraud by person authorized to provide goods or services; classification

A. A person commits fraud by a person authorized to provide goods or services if such person knowingly:

1. Furnishes money, goods, services or any other thing of value upon presentation of a credit card obtained or retained in violation of section 13-2102 or a credit card which such person knows is forged, expired, cancelled or revoked.

2. Fails to furnish money, goods, services or any other thing of value which such person represents in writing to the issuer or a participating party that such person has furnished, and who receives any payment therefor.

B. Except as provided in subsections C and D, fraud by a person authorized to provide goods or services in subsection A, paragraphs 1 and 2 is a class 1 misdemeanor.

C. If the payment received by the person for all money, goods, services or other things of value furnished in violation of subsection A, paragraph 1 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.

D. If the difference between the value of all monies, goods, services or any other thing of value actually furnished and the payment or payments received by the person therefor upon such representation in violation of subsection A, paragraph 2 exceeds one hundred dollars in any consecutive six-month period, the offense is a class 6 felony.
A.R.S. § 13-721 — Arizona Code / Title 13 / Chapter 7 / Section 721
13-721 Sentencing enhancement for transnational repression; definitions
Status: in_force

13-721. Sentencing enhancement for transnational repression; definitions

A. A person who is convicted of stalking, threatening or intimidating, harassment, assault or aggravated assault shall be sentenced for the next higher class of offense than that for which the person currently is convicted if the person is a foreign government agent or foreign terrorist organization agent, intentionally acts at the direction of or on behalf of the foreign government or foreign terrorist organization in the commission of the offense and does any of the following at the direction of or on behalf of the foreign government or foreign terrorist organization during the commission of the offense:

1. Coerces another person to act on behalf of the foreign government or foreign terrorist organization.

2. Coerces another person to leave the United States.

3. Coerces a person to cause another person to leave the United States.

4. Restricts another person from engaging in protected conduct.

5. Retaliates against another person for engaging in protected conduct.

B. For the purposes of this section:

1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government.

2. "Foreign terrorist organization agent" means an agent who is directed or controlled by a foreign terrorist organization or the proxies of that foreign terrorist organization.

3. "Protected conduct" means conduct that is lawful under federal or state law, including any of the following:

(a) Free exercise of religion.

(b) Free speech, whether oral or written or in print or digital form, on a matter of public interest or concern.

(c) Petitioning any federal or state government entity for redress of grievances.

(d) Peaceful assembly.
A.R.S. § 13-4401.01 — Arizona Code / Title 13 / Chapter 40 / Section 4401.01
13-4401.01 Victims' rights for neighborhood associations
Status: in_force

13-4401.01. Victims' rights for neighborhood associations

A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The procedures shall require the neighborhood association to provide to the city, town or county the name and telephone number of one person who shall act on behalf of the neighborhood association and who may receive notice or invoke rights pursuant to this section. The neighborhood association shall notify the city, town or county of any changes to this information. If the neighborhood association fails to keep this information current, the neighborhood association is deemed to have waived its rights under this section.

B. Notwithstanding any law to the contrary, if a person commits an act in violation of section 13-1602, subsection A, paragraph 5, section 13-3102, subsection A, paragraph 9, section 13-3201 or 13-3204, section 13-3208, subsection B or section 13-3209, 13-3405, 13-3407, 13-3408, 13-3409, 13-3421 or 13-4702, a neighborhood association that is registered with a city, town or county pursuant to subsection A of this section may receive notice or may invoke rights pursuant to the following sections:

1. Section 13-4409.

2. Section 13-4420.

3. Section 13-4426.

C. Sections 13-4428, 13-4434 and 13-4436 apply to all matters in which a neighborhood association invokes rights under this section.

D. If the neighborhood association wishes to invoke victims' rights for a crime as prescribed in subsection B of this section that resulted in an arrest, the person who is registered with the city, town or county pursuant to subsection A of this section shall contact the law enforcement agency responsible for the arrest. The law enforcement agency shall fill out the form prescribed by section 13-4405. Thereafter the neighborhood association, through the contact person, shall be afforded all of the rights listed under subsection B of this section.
A.R.S. § 13-925 — Arizona Code / Title 13 / Chapter 9 / Section 925
13-925 Restoration of right to possess a firearm; mentally ill persons; petition
Status: in_force

13-925. Restoration of right to possess a firearm; mentally ill persons; petition

A. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code section 922(d)(4) or (g)(4) to restore the person's right to possess a firearm.

B. The person or the person's guardian or attorney may file the petition.  The petition shall be served on the attorney for the state who appeared in the underlying case.

C. On the filing of the petition the court shall set a hearing.  At the hearing, the person shall present psychological or psychiatric evidence in support of the petition.  The state shall provide the court with the person's criminal history records, if any.  The court shall receive evidence on and consider the following before granting or denying the petition:

1. The circumstances that resulted in the person being a prohibited possessor as defined in section 13-3101, subsection A, paragraph 7, subdivision (a) or subject to 18 United States Code section 922(d)(4) or (g)(4).

2. The person's record, including the person's mental health record and criminal history record, if any.

3. The person's reputation based on character witness statements, testimony or other character evidence.

4. Whether the person is a danger to self or others or has persistent, acute or grave disabilities or whether the circumstances that led to the original order, adjudication or finding remain in effect.

5. Any change in the person's condition or circumstances that is relevant to the relief sought.

6. Any other evidence deemed admissible by the court.

D. The petitioner shall prove by clear and convincing evidence both of the following:

1. The petitioner is not likely to act in a manner that is dangerous to public safety.

2. Granting the requested relief is not contrary to the public interest.

E. At the conclusion of the hearing, the court shall issue findings of fact and conclusions of law.

F. If the court grants the petition for relief, the original order, finding or adjudication is deemed not to have occurred for the purposes of applying section 13-3101, subsection A, paragraph 7, subdivision (a), Public Law 110-180, section 105(a) or 18 United States Code section 922(d)(4) or (g)(4) to that person.

G. The granting of a petition under this section only restores the person's right to possess a firearm and does not apply to and has no effect on any other rights or benefits the person receives.

H. The court shall promptly notify the supreme court and the department of public safety of an order granting a petition under this section. As soon thereafter as practicable the supreme court and the department shall update, correct, modify or remove the person's record in any database that the supreme court or the department maintains and makes available to the national instant criminal background check system consistent with the rules pertaining to the database.  Within ten business days after receiving the notification from the court, the department shall notify the United States attorney general that the person no longer falls within the provisions of section 13-3101, subsection A, paragraph 7, subdivision (a) or 18 United States Code section 922(d)(4) or (g)(4).
A.R.S. § 13-4238 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4238
13-4238 Evidentiary hearing
Status: in_force

13-4238. Evidentiary hearing

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented.