A.R.S. § 13-3705 — Arizona Code / Title 13 / Chapter 37 / Section 3705
13-3705 Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification
Status: in_force

13-3705. Unlawful copying or sale of sounds or images from recording devices; true name and address of articles; definitions; classification

A. A person commits unlawful copying or sale of sounds or images from recording devices by knowingly:

1. Manufacturing an article without the consent of the owner.

2. Distributing an article with the knowledge that the sounds thereon have been so transferred without the consent of the owner.

3. Distributing or manufacturing an article on which sounds or images have been transferred which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket or label.

4. Distributing or manufacturing the outside packaging intended for use with articles which does not bear the true name and address of the manufacturer in a prominent place on the outside cover, box, jacket or label.

5. Transferring or causing to be transferred to an article any performance, whether live before an audience or transmitted by wire or through the air by radio or television without the consent of the owner and with the intent to obtain commercial advantage or personal financial gain.

6. Distributing an article with knowledge that the performance on the article, whether live before an audience or transmitted by wire or through the air by radio or television, has been transferred without the consent of the owner.

B. This section shall not apply to any person or persons engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds, other than from the sound track of a motion picture, intended for, or in connection with, broadcast transmission or related uses, including the making of commercials and films, or for archival purposes.

C. Subsection A, paragraphs 1 and 2 of this section apply only to recordings first fixed in a phonorecord before February 15, 1972.

D. Notwithstanding any other law and in the absence of a written agreement, the performer of a live performance is presumed to own the rights to record the performance.

E. The person who maintains custody and control over the business records of the owner is the proper witness regarding the issue of consent.

F. On conviction of a violation of this section, the court shall order:

1. The forfeiture and destruction of the articles and outside packaging.

2. The forfeiture pursuant to chapter 39 of this title of any implement, device or equipment used to manufacture or distribute the article or outside packaging.

3. The defendant to make restitution to any owner or lawful producer of a master recording, master disc, master tape, master videotape, master film or other device or article from which sounds or visual images are derived that has suffered injury resulting from the violation, or to the trade association representing the owner or lawful producer. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized recorded devices corresponding to the nonconforming recorded devices involved in the violation and shall include investigative costs relating to the violation.  Proof of the specific wholesale value of each nonconforming device shall not be required.

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

1. "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings corresponding to the nonconforming recorded devices involved in the offense.

2. "Article" means the tangible medium on which sounds or images are recorded including any original phonograph record, disc, compact disc, tape, audio or video cassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates in whole or in part the original.

3. "Distributing" means the actual, constructive or attempted sale, rental, delivery, possession, transportation, exhibition or advertisement of an article with intent to obtain commercial advantage or personal financial gain or to promote the sale of any goods.

4. "Fixation of sounds" means the master recording from which copies can be made of the series of sounds constituting the sound recording.

5. "Manufacturing" means transferring or causing to be transferred any sounds or images recorded on one article to another article with the intent to distribute the article.

6. "Owner" means the person who owns the original fixation of sounds or images embodied in the master phonograph record, master disc, master compact disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, compact discs, tapes, films or other articles on which sound is or can be recorded, and from which the transferred recorded sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the vending of a live performance.

7. "Phonorecord" means the material object in which sounds other than those accompanying a motion picture or other audiovisual work are fixed by any method now known or later developed, and from which can be perceived, reproduced or otherwise communicated directly or with the aid of a machine or device. Phonorecord includes the material object in which the sound is first fixed.

H. Unlawful copying or sale of sounds or images involving one hundred or more articles containing sound recordings or one hundred or more articles containing audiovisual recordings is a class 3 felony. Unlawful copying or sale of sounds or images involving ten or more but less than one hundred articles containing sound recordings or ten or more but less than one hundred articles containing audiovisual recordings is a class 6 felony. Unlawful copying or sale of sounds or images involving less than ten articles containing sound recordings or less than ten articles containing audiovisual recordings is a class 1 misdemeanor.
A.R.S. § 13-4116 — Arizona Code / Title 13 / Chapter 38 / Article 25 / Section 4116
13-4116 Delivery of commission by agent; inability of agent to deliver
Status: in_force

13-4116. Delivery of commission by agent; inability of agent to deliver

A. If the commission and return is delivered by the commissioner to an agent, the agent shall deliver the commission to the clerk to whom it is directed or to the judge of the court in which the action is pending, by whom it may be received upon the agent making affidavit that he received it from the commissioner, and that it has not been opened or altered since he received it.

B. If the agent is dead, or from sickness or other casualty, is unable personally to deliver the commission and return, it may be received by the clerk or judge from any other person, upon such person making an affidavit that:

1. He received it from the agent, that the agent is dead or from sickness or other casualty unable to deliver it.

2. It has not been opened or altered since the person making the affidavit received it.

3. He believes it has not been opened or altered since it came from the commissioner.
A.R.S. § 13-4039 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4039
13-4039 Failure of appellant to prosecute appeal; effect
Status: in_force

13-4039. Failure of appellant to prosecute appeal; effect

If the appellant fails to prosecute the appeal, the appellate court shall dismiss the appeal.
A.R.S. § 13-2930 — Arizona Code / Title 13 / Chapter 29 / Section 2930
13-2930 Unlawful funeral or burial protest activities; classification; definition
Status: in_force

13-2930. Unlawful funeral or burial protest activities; classification; definition

A. A person shall not picket or engage in other protest activities, and an association or corporation shall not cause picketing or other protest activities to occur, within three hundred feet of the property line of any residence, cemetery, funeral home, church, synagogue or other establishment during or within one hour before or one hour after the conducting of a funeral or burial service at that place.

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

C. For the purposes of this section, "other protest activities" means any action that is disruptive or that is undertaken to disrupt or disturb a funeral or burial service.
A.R.S. § 13-3457 — Arizona Code / Title 13 / Chapter 34.1 / Section 3457
13-3457 Possession or possession with intent to use an imitation prescription-only drug; violation; classification
Status: in_force

13-3457. Possession or possession with intent to use an imitation prescription-only drug; violation; classification

A. It is unlawful for any person to possess or possess with intent to use an imitation prescription-only drug.

B. A person who violates subsection A by the possession or the possession of with intent to use an imitation prescription-only drug is guilty of a class 2 misdemeanor.
A.R.S. § 13-3415 — Arizona Code / Title 13 / Chapter 34 / Section 3415
13-3415 Possession, manufacture, delivery and advertisement of drug paraphernalia; classification; civil forfeiture; factors; definitions
Status: in_force

13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; classification; civil forfeiture; factors; definitions

A. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

B. Except as provided in section 36-2852 and section 36-2853, subsection C, it is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.

C. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

E. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.

3. The proximity of the object, in time and space, to a direct violation of this chapter.

4. The proximity of the object to drugs.

5. The existence of any residue of drugs on the object.

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.

7. Instructions, oral or written, provided with the object concerning its use.

8. Descriptive materials accompanying the object that explain or depict its use.

9. National and local advertising concerning its use.

10. The manner in which the object is displayed for sale.

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

13. The existence and scope of legitimate uses for the object in the community.

14. Expert testimony concerning its use.

F. For the purposes of this section:

1. "Drug" means any narcotic drug, dangerous drug, marijuana or peyote.

2. "Drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter.  Drug paraphernalia includes:

(a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant that is a drug or from which a drug can be derived.

(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.

(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant that is a drug.

(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs, other than narcotic drug testing products that are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.

(e) Scales and balances used, intended for use or designed for use in weighing or measuring drugs.

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.

(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.

(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.

(j) Containers and other objects used, intended for use or designed for use in storing or concealing drugs.

(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.

(l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

(v) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

(xiii) Ice pipes or chillers.
A.R.S. § 13-3403.02 — Arizona Code / Title 13 / Chapter 34 / Section 3403.02
13-3403.02 Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition
Status: in_force

13-3403.02. Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition

A. An operator or employee of a commercial establishment who questions or has reason to question whether or not a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of a nitrous oxide container is under eighteen years of age shall require the person to exhibit a written instrument of identification and may require the person to sign the person's name, the date, and the number of the identification on a card to be retained by the operator, or may require the person to sign the person's name and the date on a photocopy of the instrument of identification to be retained by the operator.  The following written instruments are the only acceptable types of identification:

1. An unexpired driver license issued by any state or by Canada, provided the license includes a picture of the licensee.

2. A nonoperating identification license issued pursuant to section 28-3165.

3. An armed forces identification card.

4. A valid passport or border crossing identification card that is issued by a government.

5. A voter card issued by the government of Mexico and that contains a photograph and the date of birth of the person.

B. An operator or employee of a commercial establishment who sells, gives, serves or furnishes a nitrous oxide container to a person who is under eighteen years of age without having recorded and retained a record of the person's age or a dated and signed photocopy of the instrument of identification exhibited as prescribed by subsection A of this section is deemed to have constructive knowledge of the person's age.

C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish a nitrous oxide container contrary to section 13-3403.01 is guilty of a class 1 misdemeanor.

D. A person who is under eighteen years of age and who solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law is guilty of a class 3 misdemeanor.

E. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection C of this section shall have that person's right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309, subsection B.  A person who uses a driver or nonoperating identification license in violation of subsection C of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309, subsection C.

F. A person who knowingly influences the selling, giving or serving of a nitrous oxide container to a person under eighteen years of age by misrepresenting the age of the person or who orders, requests, receives or procures a nitrous oxide container from an operator or employee of a commercial establishment with the intent of selling, giving or serving it to a person under eighteen years of age is guilty of a class 1 misdemeanor.

G. For purposes of this section, "nitrous oxide container" means any container or canister exclusively containing nitrous oxide.
A.R.S. § 13-3912 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3912
13-3912 Grounds for issuance
Status: in_force

13-3912. Grounds for issuance

A search warrant may be issued upon any of the following grounds:

1. When the property to be seized was stolen or embezzled.

2. When the property or things to be seized were used as a means of committing a public offense.

3. When the property or things to be seized are in the possession of a person having the intent to use them as a means of committing a public offense or in possession of another to whom he may have delivered it for the purpose of concealing it or preventing it being discovered.

4. When property or things to be seized consist of any item or constitute any evidence which tends to show that a particular public offense has been committed, or tends to show that a particular person has committed the public offense.

5. When the property is to be searched and inspected by an appropriate official in the interest of the public health, safety or welfare as part of an inspection program authorized by law.

6. When the person sought is the subject of an outstanding arrest warrant.
A.R.S. § 13-2011 — Arizona Code / Title 13 / Chapter 20 / Section 2011
13-2011 Admission tickets; fraudulent creation or possession; classification
Status: in_force

13-2011. Admission tickets; fraudulent creation or possession; classification

A. It is unlawful for a person, with intent to defraud, to forge, alter or possess any ticket, token or paper that is designed for admission to or for the rendering of services by any sports, amusement, concert or other facility that offers services to the general public.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-3114 — Arizona Code / Title 13 / Chapter 31 / Section 3114
13-3114 Arizona manufactured firearms; regulation; definitions
Status: in_force

13-3114. Arizona manufactured firearms; regulation; definitions

A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.

B. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

C. The importation into this state of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, firearm accessory or ammunition manufactured in this state, does not subject the firearm, firearm accessory or ammunition to federal regulation.

D. This section does not apply to:

1. A firearm that cannot be carried and used by one person.

2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.

3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

E. A firearm that is manufactured and sold in this state pursuant to this section shall have the words "made in Arizona" clearly stamped on a central metallic part such as the receiver or frame.

F. For the purposes of this section:

1. "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.

2. "Generic or insignificant part" includes springs, screws, nuts and pins.

3. "Manufactured" means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.
A.R.S. § 13-3894 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3894
13-3894 Right to break into building in order to effect release of person making arrest detained therein
Status: in_force

13-3894. Right to break into building in order to effect release of person making arrest detained therein

A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 13-3891 or 13-3892 and is detained therein.
A.R.S. § 13-3815 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3815
13-3815 Breach and forfeiture; action for recovery; effect of conviction
Status: in_force

13-3815. Breach and forfeiture; action for recovery; effect of conviction

Upon conviction of the person complained against of any breach of the peace, the condition of bond is violated, and the county attorney shall thereupon commence action upon it in the name of the state. In the action, the offense charged in the record of conviction shall be alleged as a breach of the bond, and such record shall be conclusive evidence of the breach.
A.R.S. § 13-2810 — Arizona Code / Title 13 / Chapter 28 / Section 2810
13-2810 Interfering with judicial proceedings; classification
Status: in_force

13-2810. Interfering with judicial proceedings; classification

A. A person commits interfering with judicial proceedings if such person knowingly:

1. Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; or

2. Disobeys or resists the lawful order, process or other mandate of a court; or

3. Refuses to be sworn or affirmed as a witness in any court proceeding; or

4. Publishes a false or grossly inaccurate report of a court proceeding; or

5. Refuses to serve as a juror unless exempted by law; or

6. Fails inexcusably to attend a trial at which he has been chosen to serve as a juror.

B. Interfering with judicial proceedings is a class 1 misdemeanor.
A.R.S. § 13-2917 — Arizona Code / Title 13 / Chapter 29 / Section 2917
13-2917 Public nuisance; abatement; classification
Status: in_force

13-2917. Public nuisance; abatement; classification

A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:

1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.

2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following:

1. Any building used as a private or public elementary or high school.

2. Any public park.

3. Any residence district as defined in section 28-101.

C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section.

D. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor.
A.R.S. § 13-1204; Version 2 — Arizona Code / Title 13 / Chapter 12 / Section 1204; Version 2
13-1204; Version 2 Aggravated assault; classification; definitions
Status: in_force

13-1204. Aggravated assault; classification; definitions

(L25, ch. 172, sec. 2; Caution: 1998 Prop 105 applies)

A. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

5. If the person commits the assault after entering the private home of another with the intent to commit the assault.

6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.

7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer or a person summoned and directed by the officer.

(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.

(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic.

(d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

(e) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability, developmental disability or cognitive disability or because the person is seriously mentally ill, as defined in section 36-550.

(f) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.

(g) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.

(h) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.

(i) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.

(j) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.

(k) An employee of a law enforcement agency, other than a peace officer, while engaged in the execution of any official duties.

(l) A public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle.

(m) An airport employee who interacts with the public while engaged in the airport employee's work duties.

(n) A railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance.

9. If the person knowingly takes or attempts to exercise control over any of the following:

(a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.

10. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

(iv) A county or city jail or an adult or juvenile detention facility of a city or county.

(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.

(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.

11. If the person uses a simulated deadly weapon.

12. If the person is aided by two or more accomplices aid in committing the assault, the assault is directed at a single person and the assault results in physical injury.

B. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:

1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.

2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.

C. A person who is convicted of intentionally or knowingly committing aggravated assault on a peace officer pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.

D. If a person is convicted of committing aggravated assault on a peace officer pursuant to this section and the trier of fact determines that section 13-701, subsection D, paragraph 17 applies, the person shall be sentenced to two years more than would otherwise be imposed for the offense. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under this section or chapter 7 of this title. The person is not eligible for suspension of sentence, commutation or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B until the sentence imposed is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

E. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.

F. Except pursuant to subsections G, H and I of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705.  Aggravated assault pursuant to subsection A, paragraph 3 or 12 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.

G. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer is a class 5 felony unless the assault results in any physical injury to the peace officer, in which case it is a class 4 felony.

H. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on an employee of a law enforcement agency is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on an employee of a law enforcement agency is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (j) of this section committed on an employee of a law enforcement agency is a class 5 felony unless the assault results in any physical injury to the employee, in which case it is a class 4 felony.

I. Aggravated assault pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.

2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.

3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.

J. For the purposes of this section:

1. "Cognitive disability" has the same meaning prescribed in section 36-551.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Health care worker" means:

(a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36.

(b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including:

(i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual.

(ii) Any emergency services and transport, including the services provided by firefighters and emergency responders.

4. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.

5. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site.

6. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
A.R.S. § 13-4304 — Arizona Code / Title 13 / Chapter 39 / Section 4304
13-4304 Property subject to forfeiture; exemptions; innocent owner
Status: in_force

13-4304. Property subject to forfeiture; exemptions; innocent owner

A. Except as provided in subsections B, C and D of this section, all property, including all interests in such property, described in a statute providing for its forfeiture is subject to forfeiture if both of the following apply:

1. The owner is convicted of an offense to which forfeiture applies.

2. The state establishes by clear and convincing evidence that the property is subject to forfeiture as provided in subsection E of this section.

B. A vehicle used by any person as a common carrier in the transaction of business as a common carrier may not be forfeited under this chapter unless the state proves by clear and convincing evidence that the owner or other person in charge of the vehicle was a consenting party or privy to the act or omission giving rise to forfeiture or knew of it.

C. A vehicle may not be forfeited under this chapter following a conviction for any act or for an omission committed or omitted by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this state or of the United States.

D. Property may not be forfeited pursuant to section 13-3413, subsection A, paragraph 1 or 3 if the conduct giving rise to the seizure both:

1. Did not involve an amount of unlawful substance greater than the statutory threshold amount as defined in section 13-3401.

2. Was not committed for financial gain.

E. After a person is convicted of an offense for which forfeiture applies, a court may order the person to forfeit any of the following:

1. Property the person acquired through the commission of the offense.

2. Property that is directly traceable to property acquired through the commission of the offense.

3. Any property or instrumentality that the person used in the commission of the offense or to facilitate the offense.

4. Substitute assets as prescribed in section 13-2314, subsection D, paragraph 6, subdivision (d) and in accordance with section 13-4305, subsection C.

F. The court may waive the conviction requirement if the prosecuting authority shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that, before conviction, the defendant or alleged criminal:

1. Died.

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

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

4. Fled the jurisdiction of this state.

5. Abandoned the property.

G. This section does not prevent property from being forfeited by the terms of a plea agreement that is approved by a court or by other agreement of the parties in a criminal proceeding.

H. A person who claims to be an innocent owner has the burden of production to show that the person either:

1. Held a legal right, title or interest in the property seized at the time the illegal conduct that gave rise to the seizure of the property occurred.

2. Acquired as a bona fide purchaser for value a legal right, title or interest in the property subject to forfeiture after the commission of the crime that gave rise to the seizure of the property.

I. If a person establishes that the person is an innocent owner pursuant to subsection H of this section and the state pursues a forfeiture proceeding with respect to that person's property, other than property described in section 13-3413 to successfully forfeit the property, the state shall prove by clear and convincing evidence that the innocent owner had actual knowledge of the underlying crime that gave rise to the forfeiture.

J. If the state is unable to prove the person is not an innocent owner as provided in subsections H and I of this section, the court shall find that the person is an innocent owner and order the state to relinquish all claims of title to the property and return the property to the innocent owner.
A.R.S. § 13-3552 — Arizona Code / Title 13 / Chapter 35.1 / Section 3552
13-3552 Commercial sexual exploitation of a minor; classification
Status: in_force

13-3552. Commercial sexual exploitation of a minor; classification

A. A person commits commercial sexual exploitation of a minor by knowingly:

1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.

2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.

3. Permitting a minor under the person's custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.

4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.

5. Using an advertisement for prostitution as defined in section 13-3211 that contains a visual depiction of a minor.

B. Subsection A, paragraph 5 of this section does not apply to an act that is prohibited by section 13-3555 or to websites or internet service providers that host advertisements created and published by third parties and do not participate in creating or publishing the advertisements.

C. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705. Commercial sexual exploitation of a minor who is fifteen, sixteen or seventeen years of age is a class 2 felony, 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.  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 terms are as follows:

1. The term for a first offense is as follows:

Minimum Presumptive   Maximum

13 years    20 years    27 years

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

Minimum Presumptive   Maximum

25 years    35 years    45 years

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

Minimum Presumptive   Maximum

30 years    40 years    50 years
A.R.S. § 13-4411.01 — Arizona Code / Title 13 / Chapter 40 / Section 4411.01
13-4411.01 Notice of right to request not to receive inmate communication; definition
Status: in_force

13-4411.01. Notice of right to request not to receive inmate communication; definition

A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the right of the victim, any member of the victim's family or any member of the victim's household, to request not to receive any communication from the inmate who was convicted of committing a criminal offense against the victim. The notice shall:

1. Be made on the postconviction notice request form provided by the prosecutor to the victim pursuant to section 13-4411.

2. Inform the victim of the right of the victim, or any member of the victim's family or household who is denoted by the victim on the form, to request not to receive any communication from the inmate.

3. Instruct the victim how to file the completed request form with the state department of corrections.

4. Include the following statement:

If the defendant is incarcerated in the state department of corrections, you have the right to request that the defendant not send you, members of your family or members of your household any communication. If the defendant sends you or your family or household members any communication after you have made this request, you or the members of your family or household have the right to report the incident to the state department of corrections for sanctions against the defendant.

B. On receipt of a postconviction notice request form in which a request not to receive any inmate communication is indicated, the state department of corrections shall notify the inmate of the request and that making any communication to the victim, or the family or household members who are denoted by the victim, will result in appropriate sanctions, including reduction or denial of earned release credits and review of all outgoing communications.

C. The department shall not knowingly allow any communication to any person who requests not to receive any inmate communication pursuant to this section.

D. For the purposes of this section, "communication" means any written, verbal or nonverbal communication, including mail, electronic communications and telephone calls.
A.R.S. § 13-3106 — Arizona Code / Title 13 / Chapter 31 / Section 3106
13-3106 Firearm purchase in other states
Status: in_force

13-3106. Firearm purchase in other states

A person residing in this state, or a corporation or other business entity maintaining a place of business in this state, may purchase or otherwise obtain firearms anywhere in the United States if such purchase or acquisition fully complies with the laws of this state and the state in which the purchase or acquisition is made and the purchaser and seller, prior to the sale or delivery for sale, have complied with all the requirements of the federal gun control act of 1968, Public Law 90-618, section 922, subsection (c) and the Code of Federal Regulations, volume 26, section 178.96, subsection (c).
A.R.S. § 13-2929 — Arizona Code / Title 13 / Chapter 29 / Section 2929
13-2929 Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification
Status: in_force

13-2929. Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification

A. It is unlawful for a person who is in violation of a criminal offense to:

1. Transport or move or attempt to transport or move an alien in this state, in furtherance of the illegal presence of the alien in the United States, in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.

2. Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.

3. Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.

B. A means of transportation that is used in the commission of a violation of this section is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511.

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. 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).

E. This section does not apply to a child safety worker acting in the worker's official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medical technician and who is transporting or moving an alien in this state pursuant to title 36, chapter 21.1.

F. A person who violates this section is guilty of a class 1 misdemeanor and is subject to a fine of at least one thousand dollars, except that a violation of this section that involves ten or more illegal aliens is a class 6 felony and the person is subject to a fine of at least one thousand dollars for each alien who is involved.
A.R.S. § 13-1807 — Arizona Code / Title 13 / Chapter 18 / Section 1807
13-1807 Issuing a bad check; violation; classification
Status: in_force

13-1807. Issuing a bad check; violation; classification

A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance.

B. Any of the following is a defense to prosecution under this section:

1. The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment on its presentation.

2. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check.

3. Insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person.

C. Nothing in this section prohibits prosecution for any other applicable criminal offense.

D. Except as provided in subsection E of this section, issuing a bad check is a class 1 misdemeanor.

E. Issuing a bad check in an amount of five thousand dollars or more is a class 6 felony if the person fails to pay the full amount of the check, including accrued interest at the rate of twelve per cent per year and any other applicable fees pursuant to this chapter, within sixty days after receiving notice pursuant to section 13-1808.
A.R.S. § 13-3002 — Arizona Code / Title 13 / Chapter 30 / Section 3002
13-3002 False or forged messages; classification
Status: in_force

13-3002. False or forged messages; classification

A. It is unlawful for a person:

1. Knowingly to send to any person by telegraph or telephone a false or forged message, purporting to be from a telegraph or telephone office, or from any other person.

2. Knowingly to deliver or cause to be delivered to any person a false or forged message, falsely purporting to have been received by telegraph or telephone.

3. To furnish or conspire to furnish, or cause to be furnished to an agent, operator or employee, to be sent by telegraph or telephone, or to be delivered, a message, knowing it is false or forged, with intent to deceive, injure or defraud another.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-3918 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3918
13-3918 Time of execution and return
Status: in_force

13-3918. Time of execution and return

A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed.  Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate.  The time for execution of the warrant may be extended for no longer than five calendar days. The documents and records of the court relating to the search warrant need not be open to the public until the return of the warrant or the warrant is deemed void pursuant to this section unless a magistrate orders the time to be shortened or lengthened for good cause.  Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record.

B. If a duplicate original search warrant has been executed, the peace officer who executed the warrant shall enter the exact time of its execution on its face.
A.R.S. § 13-3702.01 — Arizona Code / Title 13 / Chapter 37 / Section 3702.01
13-3702.01 Excavating certain sites; collecting certain specimens; classification
Status: in_force

13-3702.01. Excavating certain sites; collecting certain specimens; classification

A. A person who knowingly excavates in violation of section 41-841, subsection A without obtaining a permit as required under section 41-842 is guilty of a class 5 felony. A second or subsequent violation under this subsection is a class 3 felony.

B. A person who knowingly collects any archaeological specimen in violation of section 41-841, subsection B, is guilty of a class 1 misdemeanor.
A.R.S. § 13-4424 — Arizona Code / Title 13 / Chapter 40 / Section 4424
13-4424 Impact statement; presentence report
Status: in_force

13-4424. Impact statement; presentence report

A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in preparing a presentence report.

B. The probation officer shall consider the economic, physical and psychological impact that the criminal offense has had on the victim and the victim's immediate family pursuant to section 12-253.
A.R.S. § 13-2314.04 — Arizona Code / Title 13 / Chapter 23 / Section 2314.04
13-2314.04 Racketeering; unlawful activity; civil remedies by private cause of action; definitions
Status: in_force

13-2314.04. Racketeering; unlawful activity; civil remedies by private cause of action; definitions

A. A person who sustains reasonably foreseeable injury to his person, business or property by a pattern of racketeering activity, or by a violation of section 13-2312 involving a pattern of racketeering activity, may file an action in superior court for the recovery of up to treble damages and the costs of the suit, including reasonable attorney fees for trial and appellate representation. If the person against whom a racketeering claim has been asserted, including a lien, prevails on that claim, the person may be awarded costs and reasonable attorney fees incurred in defense of that claim. No person may rely on any conduct that would have been actionable as fraud in the purchase or sale of securities to establish an action under this section except an action against a person who is convicted of a crime in connection with the fraud, in which case the period to initiate a civil action starts to run on the date on which the conviction becomes final.

B. The superior court has jurisdiction to prevent, restrain and remedy a pattern of racketeering activity or a violation of section 13-2312 involving a pattern of racketeering activity, after making provision for the rights of all innocent persons affected by the violation and after a hearing or trial, as appropriate, by issuing appropriate orders.

C. Before a determination of liability these orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the enforcement of constructive trusts, in connection with any property or other interest subject to damage or other remedies or restraints pursuant to this section as the court deems proper.

D. After a determination of liability these orders may include, but are not limited to:

1. Ordering any person to divest himself of any interest, direct or indirect, in any enterprise.

2. Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the constitutions of the United States and this state permit.

3. Ordering dissolution or reorganization of any enterprise.

4. Ordering the payment of up to treble damages to those persons injured by a pattern of racketeering activity or a violation of section 13-2312 involving a pattern of racketeering activity.

5. Prejudgment interest on damages, except that prejudgment interest may not be awarded on any increase in the damages authorized under paragraph 4 of this subsection.

6. A person or enterprise that acquires any property through an offense included in the definition of racketeering in section 13-2301, subsection D or a violation of section 13-2312 is an involuntary trustee. The involuntary trustee and any other person or enterprise, except a bona fide purchaser for value who is reasonably without notice of the unlawful conduct and who is not knowingly taking part in an illegal transaction, hold the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies under this section.

E. A defendant convicted in any criminal proceeding is precluded from subsequently denying the essential allegations of the criminal offense of which the defendant was convicted in any civil proceedings. For the purpose of this subsection, a conviction may result from a verdict or plea including a no contest plea.

F. Notwithstanding any law prescribing a lesser period but subject to subsection A of this section, the initiation of civil proceedings pursuant to this section shall be commenced within three years from the date the violation was discovered, or should have been discovered with reasonable diligence, and ten years after the events giving rise to the cause of action, whichever comes first.

G. The standard of proof in actions brought pursuant to this section is the preponderance of evidence test.

H. A person who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. This requirement is jurisdictional. The notice shall identify the action, the person and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under section 13-2314 or to intervene in a pending action nor does it authorize the person to name this state or the attorney general as a party to the action.

I. On timely application, the attorney general may intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general's opinion the action is of special public importance. On intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general has instituted a separate action.

J. In addition to the state's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting section 13-2301, 13-2312, 13-2313, 13-2314.01, 13-2314.02 or 13-2315 or this section.

K. A civil action authorized by this section is remedial and not punitive and does not limit and is not limited by any other previous or subsequent civil or criminal action under this title or any other provision of law. Civil remedies provided under this title are supplemental and not mutually exclusive, except that a person may not recover, for an action brought pursuant to this section, punitive damages or emotional injury damages in the absence of bodily injury.

L. A natural person shall not be held liable in damages or for other relief pursuant to this section based on the conduct of another unless the fact finder finds by a preponderance of the evidence that the natural person authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the other. An enterprise shall not be held liable in damages or for other relief pursuant to this section based on the conduct of an agent, unless the fact finder finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the agent. A bank or savings and loan association insured by the federal deposit insurance corporation or a credit union insured by the national credit union administration shall not be held liable in damages or for other relief pursuant to this section for conduct proscribed by section 13-2317, subsection B, paragraph 1, based on acquiring or maintaining an interest in or transporting, transacting, transferring or receiving funds belonging to a person other than the person presenting the funds, unless the fact finder finds by a preponderance of the evidence that the person or agent acquiring or maintaining an interest in or transporting, transacting, transferring or receiving the funds on behalf of the defendant did so knowing that the funds were the proceeds of an offense and that a director or high managerial agent performed, authorized, requested, commanded, ratified or recklessly tolerated the unlawful conduct of the person or agent. A person or enterprise shall not be held liable in damages or for other relief pursuant to this section unless the fact finder makes particularized findings sufficient to permit full and complete review of the record, if any, of the conduct of the person. A natural person or enterprise shall not be held liable in damages for recklessly tolerating the unlawful conduct of another person or agent if the other person or agent engaged in unlawful conduct proscribed by section 13-2301, subsection D, paragraph 4, subdivision (b), item (xvi), (xviii), (xix) or (xx) and the unlawful conduct involved the purchase or sale of securities.

M. Notwithstanding subsection A of this section, a court shall not award costs, including attorney fees, if the award would be unjust because of special circumstances, including the relevant disparate economic position of the parties or the disproportionate amount of the costs, including attorney fees, to the nature of the damage or other relief obtained.

N. If the court determines that the filing of any pleading, motion or other paper under this section was frivolous or that any civil action or proceeding was brought or continued under this section in bad faith, vexatiously, wantonly or for an improper or oppressive reason, it shall award a proper sanction to deter this conduct in the future that may include the costs of the civil action or proceeding, including the costs of investigation and reasonable attorney fees in the trial and appellate courts.

O. Notwithstanding any other law, a complaint, counterclaim, answer or response filed by a person in connection with a civil action or proceeding under this section shall be verified by at least one party or the party's attorney.  If the person is represented by an attorney, at least one attorney of record shall sign any pleading, motion or other paper in the attorney's individual name and shall state the attorney's address.

P. The verification by a person or the person's attorney and the signature by an attorney required by subsection O of this section constitute a certification by the person or the person's attorney that the person or the person's attorney has carefully read the pleading, motion or other paper and, based on a reasonable inquiry, believes all of the following:

1. It is well grounded in fact.

2. It is warranted by existing law or there is a good faith argument for the extension, modification or reversal of existing law.

3. It is not made for any bad faith, vexatious, wanton, improper or oppressive reason, including to harass, to cause unnecessary delay, to impose a needless increase in the cost of litigation or to force an unjust settlement through the serious character of the averment.

Q. If any pleading, motion or other paper is signed in violation of the certification provisions of subsection P of this section, the court, on its own motion or on the motion of the other party and after a hearing and appropriate findings of fact, shall impose on the person who verified it or the attorney who signed it, or both, a proper sanction to deter this conduct in the future, including the costs of the proceeding under subsection N of this section.

R. If any pleading, motion or other paper includes an averment of fraud or coercion, it shall state these circumstances with particularity with respect to each defendant.

S. In any civil action or proceeding under this section in which the pleading, motion or other paper does not allege a crime of violence as a racketeering act:

1. The term "racketeer" shall not be used in referring to any person.

2. The terms used to refer to acts of racketeering or a pattern of racketeering activity shall be "unlawful acts" or "a pattern of unlawful activity".

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

1. "Acquire" means for a person to do any of the following:

(a) Possess.

(b) Act so as to exclude another person from using the person's property except on the person's own terms.

(c) Bring about or receive the transfer of any interest in property, whether to himself or to another person, or to secure performance of a service.

2. "Gain" means any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

3. "Pattern of racketeering activity" means either:

(a) At least two acts of racketeering as defined in section 13-2301, subsection D, paragraph 4, subdivision (b), item (iv), (v), (vi), (vii), (viii), (ix), (x), (xiii), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxiv) or (xxvi) that meet the following requirements:

(i) The last act of racketeering activity that is alleged as the basis of the claim occurred within five years of a prior act of racketeering.

(ii) The acts of racketeering that are alleged as the basis of the claim were related to each other or to a common external organizing principle, including the affairs of an enterprise. Acts of racketeering are related if they have the same or similar purposes, results, participants, victims or methods of commission or are otherwise interrelated by distinguishing characteristics.

(iii) The acts of racketeering that are alleged as the basis of the claim were continuous or exhibited the threat of being continuous.

(b) A single act of racketeering as defined in section 13-2301, subsection D, paragraph 4, subdivision (b), item (i), (ii), (iii), (xi), (xii), (xiv), (xxi), (xxii), (xxiii), (xxv), (xxvii) or (xxviii).

4. "Proceeds" means any interest in property of any kind acquired through or caused by an act or omission, or derived from the act or omission, directly or indirectly, and any fruits of this interest, in whatever form.
A.R.S. § 13-4126 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4126
13-4126 Delivery and service of writ
Status: in_force

13-4126. Delivery and service of writ

A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued, it shall be delivered by the clerk to such officer without delay, as other writs are delivered for service. If the writ is directed to any other officer or person, the writ shall be delivered to the sheriff, and shall be by him served upon such officer or person by delivering the writ to him without delay.

B. If the officer or person to whom the writ is directed cannot be found, or refuses admittance of the officer or person serving or delivering the writ, the writ may be served or delivered by leaving it at the residence of the officer or person to whom it is directed, or by affixing it on some conspicuous place on the outside either of his dwelling house or of the place where the party is confined or under restraint.
A.R.S. § 13-4254 — Arizona Code / Title 13 / Chapter 38 / Article 30 / Section 4254
13-4254 Pro se defendant; prohibited questioning of minor victim
Status: in_force

13-4254. Pro se defendant; prohibited questioning of minor victim

Notwithstanding section 13-4253 and on motion of the prosecution, the court may order that a pro se defendant in any case that includes charges against the child under chapters 14 and 35.1 of this title and section 13-3206, 13-3212 or 13-3623 is prohibited from directly questioning the minor victim if the court determines that direct questioning by the pro se defendant would prevent the minor victim from being able to reasonably communicate.
A.R.S. § 13-1505 — Arizona Code / Title 13 / Chapter 15 / Section 1505
13-1505 Possession of burglary tools; master key; manipulation key; classification
Status: in_force

13-1505. Possession of burglary tools; master key; manipulation key; classification

A. A person commits possession of burglary tools by:

1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.

2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.

B. Subsection A, paragraph 2 of this section does not apply to a person who either:

1. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.

2. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.

C. Possession of burglary tools is a class 6 felony.
A.R.S. § 13-3404.01 — Arizona Code / Title 13 / Chapter 34 / Section 3404.01
13-3404.01 Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions; classification
Status: in_force

13-3404.01. Possession or sale of precursor chemicals, regulated chemicals, substances or equipment; exceptions; classification

A. A person shall not do any of the following:

1. Knowingly possess a precursor chemical II.

2. Knowingly possess more than twenty-four grams of pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine without a license or permit issued pursuant to title 32, chapter 18.

3. Knowingly purchase more than three packages, not to exceed nine grams of pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine without a valid prescription order as defined in section 32-1901 or a license or permit issued pursuant to title 32, chapter 18.

4. Knowingly possess any ephedrine that is uncombined or that is the sole active ingredient of a product or more than twenty-four grams of ephedrine that is combined with another active ingredient in any ephedrine product without a license or permit issued pursuant to title 32, chapter 18.

5. Knowingly purchase any ephedrine that is uncombined or is the sole active ingredient of a product or more than three packages, not to exceed nine grams of ephedrine that is combined with another active ingredient in any ephedrine product without a license or permit issued pursuant to title 32, chapter 18.

6. Sell, transfer or otherwise furnish any precursor chemical, regulated chemical or other substance or equipment with knowledge that the recipient will use the precursor chemical, regulated chemical, substance or equipment to unlawfully manufacture a dangerous drug or narcotic drug.

7. As a manufacturer, wholesaler or retailer, knowingly possess any precursor chemical or regulated chemical from which the label, the national drug control number or the manufacturer's lot number has been removed, altered or obliterated, except that a licensed manufacturer may relabel products as permitted under the federal act.

8. Knowingly sell, transfer or otherwise furnish more than nine grams of any precursor chemical without a license or permit issued pursuant to title 32, chapter 18.

9. Sell, transfer or furnish ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine in a total amount of more than nine grams in a single transaction in this state unless the recipient possesses a valid and current permit issued by the board pursuant to title 32, chapter 18.

10. Sell, transfer or otherwise furnish a precursor chemical in violation of any rule of the board or the department of public safety.

11. As a wholesaler or retailer, purchase or otherwise acquire or receive a precursor chemical from any person who does not possess a valid and current permit issued pursuant to title 32, chapter 18.

12. Knowingly participate in any transaction or series of transactions that is structured by any person with the intent to avoid or circumvent the prohibitions or limits on sales established by this section.

B. A retailer shall not knowingly sell, transfer or otherwise furnish a precursor chemical unless:

1. The transaction occurs in the normal course of business at premises that are permitted pursuant to title 32, chapter 18.

2. The retailer has a valid and current permit that is issued pursuant to title 32, chapter 18 and that is prominently displayed at the premises where the transaction occurs.

C. A retailer shall not sell more than a total of three packages, not to exceed nine grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine in a single transaction unless the person has a valid prescription order as defined in section 32-1901.

D. A wholesaler shall not sell, transfer or otherwise furnish a precursor chemical to any person unless:

1. The wholesaler has a valid and current permit issued pursuant to title 32, chapter 18.

2. The recipient has a permit issued pursuant to title 32, chapter 18, is a pharmacy or is a practitioner.

3. The transaction does not involve payment in cash or money orders in an amount of more than one thousand dollars.

E. A manufacturer shall not sell, transfer or otherwise furnish a precursor chemical to any person unless:

1. The recipient is licensed or has a permit issued pursuant to title 32, chapter 18, is a pharmacy or is a practitioner.

2. The transaction does not involve payment in cash or money orders in an amount of more than one thousand dollars.

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

1. The transfer by a licensee or permittee to a reclamation facility for destruction.

2. The movement from one facility of a licensee or permittee to another facility of the same licensee or permittee without sale.

G. Notwithstanding any other law, a county, city or town shall not enact an ordinance that is more restrictive than the requirements of this section.

H. A violation of subsection A, paragraph 1 or 6 is a class 2 felony. A violation of subsection A, paragraph 2, 3, 4, 5, 7, 9, 11 or 12 is a class 5 felony.  A violation of subsection A, paragraph 8 or 10 is a class 6 felony.  A violation of subsection B, D or E is a class 5 felony. A violation of subsection C is a class 5 felony, except that if the violation involves less than a total of fifty grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine, the first violation is a class 2 misdemeanor and the second violation is a class 1 misdemeanor. An enterprise is not criminally accountable for a violation of subsection C unless the conduct constituting the offense is engaged in, authorized, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment.
A.R.S. § 13-2923 — Arizona Code / Title 13 / Chapter 29 / Section 2923
13-2923 Stalking; classification; exceptions; definitions
Status: in_force

13-2923. Stalking; classification; exceptions; definitions

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:

1. Suffer emotional distress or reasonably fear that either:

(a) The victim's property will be damaged or destroyed.

(b) Any of the following will be physically injured:

(i) The victim.

(ii) The victim's family member, domestic animal or livestock.

(iii) A person with whom the victim has or has previously had a romantic or sexual relationship.

(iv) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred.

2. Reasonably fear death or the death of any of the following:

(a) The victim's family member, domestic animal or livestock.

(b) A person with whom the victim has or has previously had a romantic or sexual relationship.

(c) A person who regularly resides in the victim's household or has resided in the victim's household within the six months before the last conduct occurred.

B. This section does not apply to 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.

C. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony.

D. For the purposes of this section:

1. "Course of conduct":

(a) Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following:

(i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short.

(ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization.

(iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.

(b) Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person's authorized representative or if the other person is a minor, the minor's parent or guardian.

2. "Emotional distress" means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.
A.R.S. § 13-1005 — Arizona Code / Title 13 / Chapter 10 / Section 1005
13-1005 Renunciation of attempt, solicitation, conspiracy or facilitation; defenses
Status: in_force

13-1005. Renunciation of attempt, solicitation, conspiracy or facilitation; defenses

A. In a prosecution for attempt, conspiracy or facilitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the attempt, conspiracy or facilitation.

B. In a prosecution for solicitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent completed both of the following acts:

1. Notified the person solicited.

2. Gave timely warning to law enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result solicited.

C. A renunciation is not voluntary and complete within the meaning of this section if it is motivated in whole or in part by:

1. A belief that circumstances exist which increase the probability of immediate detection or apprehension of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or

2. A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim, place or another but similar objective.

D. A warning to law enforcement authorities is not timely within the meaning of this section unless the authorities, reasonably acting upon the warning, would have the opportunity to prevent the conduct or result. An effort is not reasonable within the meaning of this section unless the defendant makes a substantial effort to prevent the conduct or result.
A.R.S. § 13-3624 — Arizona Code / Title 13 / Chapter 36 / Section 3624
13-3624 Emergency orders of protection
Status: in_force

13-3624. Emergency orders of protection

A. In counties with a population of one hundred fifty thousand persons or more, the presiding judge of the superior court, during the hours that the courts are closed, shall make available on a rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue emergency orders of protection by telephone. In counties with a population of less than one hundred fifty thousand persons, any judge, justice of the peace, magistrate or commissioner may issue emergency orders of protection by telephone during the hours that the courts are closed.

B. The court, within twenty-four hours after a defendant is arrested for an act of domestic violence, shall register a certified copy of the release order with the sheriff's office of the county in which the order was issued. The court shall notify the sheriff's office of material changes in the release order, if the conditions of the release order are no longer in effect and when the charges are resolved. The sheriff in each county shall maintain a central repository for release orders so that the existence and validity of the orders can be easily verified. The law enforcement agency shall advise domestic violence victims where the victim may verify the registration and conditions of a release order.

C. The judge, justice of the peace, magistrate or commissioner who is authorized to issue emergency orders of protection may issue a written or oral ex parte emergency order of protection if a peace officer states that the officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence based on an allegation of a recent incident of actual domestic violence pursuant to section 13-3601, subsection A.

D. An emergency order of protection may include any of the following:

1. The defendant may be enjoined from committing a violation of one or more of the offenses included in domestic violence.

2. One party may be granted the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result.

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

4. If the court finds that the defendant may inflict bodily injury or death on the plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for the duration of the order.

E. An emergency order of protection expires seven calendar days after issuance, unless otherwise continued by the court.

F. A judge, justice of the peace, magistrate or commissioner may issue an oral emergency order of protection pursuant to subsection C of this section on request of the alleged victim, if there is a finding that a person's life or health is in imminent danger. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. The judicial officer who issues an oral emergency order of protection shall document the issuance of the order as soon as practicable. The officer who receives the verbal order shall write and sign the order. The emergency order shall be served on the defendant, and a copy shall be given to the protected party. The emergency order shall be filed as soon as practicable after its issuance. The law enforcement agency shall file a certificate of service with the court and shall register the emergency order with the national crime information center as soon as practicable. If a person who is named in the order and who has not received personal service of the order but has received actual notice of the existence and substance of the order commits an act that violates the order, the person is subject to any penalty for the violation.

G. The availability of an emergency order of protection is not affected by either party leaving the residence.

H. A law enforcement agency that has jurisdiction to enforce an emergency order of protection shall enforce the emergency order when it has reasonable cause to believe that the order has been violated.

I. Failure of a law enforcement agency to enforce an emergency order of protection pursuant to this section does not give rise to civil liability except pursuant to section 12-820.02.
A.R.S. § 13-4134 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4134
13-4134 Defective process or commitment; re-examination
Status: in_force

13-4134. Defective process or commitment; re-examination

If it appears to the court or judge that the party is guilty of a criminal offense, or should not be discharged, the court or judge, although the charge is defectively set forth in the process or warrant of commitment, shall cause the witnesses to be subpoenaed to attend at the time ordered to testify before such court or judge. Upon the examination, the court shall discharge the prisoner, admit him to bail, if the offense is bailable, or recommit him to custody.
A.R.S. § 13-3964 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3964
13-3964 Bail when warrant issued in other county
Status: in_force

13-3964. Bail when warrant issued in other county

A. 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 either:

1. Before a magistrate or other official, having authority to admit to bail for such offense, of the county in which the arrest is made, who shall admit the person arrested to bail.

2. Before a magistrate or other official of the county in which the offense was committed who has the authority to admit to bail for the offense and who shall admit the person arrested to bail.

B. The magistrate or other official who admits the person arrested to bail shall order the person arrested to appear in the court that issued the warrant.
A.R.S. § 13-3121 — Arizona Code / Title 13 / Chapter 31 / Section 3121
13-3121 Firearm transfers; chief law enforcement officer certification; notification; definitions
Status: in_force

13-3121. Firearm transfers; chief law enforcement officer certification; notification; definitions

A. If a chief law enforcement officer's certification is required by federal law or regulation for the transfer of a firearm, the chief law enforcement officer, within sixty days after receipt of a request for certification by an applicant, shall provide the certification if the applicant is not prohibited by law from receiving the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm. If the chief law enforcement officer is unable to provide a certification as required by this section, the chief law enforcement officer shall notify the applicant, in writing, of the denial and the reason for this determination.

B. The chief law enforcement officer of a law enforcement agency that has fifteen peace officers or fewer may refer an applicant who is requesting a certification pursuant to this section to the county sheriff.  A county sheriff who receives a request for certification from a referred applicant shall provide the certification required by this section.

C. Section 12-820.02 applies to a chief law enforcement officer who provides a certification pursuant to this section.

D. This section does not apply to a county attorney or a tribal agency.  This subsection does not prohibit a county attorney or a tribal agency from providing an applicant with a certification.

E. A chief law enforcement officer is not required to provide a certification pursuant to this section that the officer knows is untrue but may not refuse to provide a certification that is based on a generalized objection to private persons or entities making, possessing or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.

F. For the purposes of this section:

1. "Certification" means the participation and assent that is required by federal law for the approval of an application to transfer or make a firearm.

2. "Chief law enforcement officer" means any official that the bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification to make or transfer a firearm.

3. "Firearm" has the same meaning prescribed in 26 United States Code section 5845(a).

4. "Proceeding" includes an ongoing criminal investigation that could result in the applicant being prohibited by law from receiving a firearm.
A.R.S. § 13-4091 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4091
13-4091 Definitions
Status: in_force

13-4091. Definitions

In this article, unless the context otherwise requires:

1. "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.

2. "State" includes any territory of the United States and the District of Columbia.

3. "Summons" includes a subpoena, order or other notice requiring the appearance of a witness.
A.R.S. § 13-4082 — Arizona Code / Title 13 / Chapter 38 / Article 22 / Section 4082
13-4082 Material witness bond
Status: in_force

13-4082. Material witness bond

In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a material witness is required. If the court finds that a material witness is unlikely to appear or testify, the court may require the material witness to appear and post a secured or unsecured appearance bond. On proper notice to the material witness, the court may modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed.
A.R.S. § 13-801 — Arizona Code / Title 13 / Chapter 8 / Section 801
13-801 Fines for felonies
Status: in_force

13-801. Fines for felonies

A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court not more than one hundred fifty thousand dollars.

B. A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.

C. This section does not apply to an enterprise.
A.R.S. § 13-2314 — Arizona Code / Title 13 / Chapter 23 / Section 2314
13-2314 Racketeering; civil remedies by this state; definitions
Status: in_force

13-2314. Racketeering; civil remedies by this state; definitions

A. The attorney general or a county attorney may file an action in superior court on behalf of a person who sustains injury to his person, business or property by racketeering as defined by section 13-2301, subsection D, paragraph 4 or by a violation of section 13-2312 for the recovery of treble damages and the costs of the suit, including reasonable attorney fees, or to prevent, restrain or remedy racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312. If the person against whom a racketeering claim has been asserted, including a forfeiture action or lien, prevails on that claim, the person may be awarded costs and reasonable attorney fees incurred in defense of that claim. In actions filed by the state or a county, awards of costs and reasonable attorney fees are to be assessed against and paid from monies acquired pursuant to sections 13-2314.01 and 13-2314.03.

B. The superior court has jurisdiction to prevent, restrain and remedy racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312 after making provision for the rights of any person who sustained injury to his person, business or property by the racketeering conduct and after a hearing or trial, as appropriate, by issuing appropriate orders.

C. Before a determination of liability the orders may include issuing seizure warrants, entering findings of probable cause for in personam or in rem forfeiture, entering restraining orders or prohibitions or taking other actions, including the acceptance of satisfactory performance bonds, the creation of receiverships and the enforcement of constructive trusts, in connection with any property or other interest subject to forfeiture, damages or other remedies or restraints pursuant to this section as the court deems proper.

D. Following a determination of liability the orders may include:

1. Ordering any person to divest himself of any interest, direct or indirect, in any enterprise.

2. Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the constitutions of the United States and this state allow.

3. Ordering dissolution or reorganization of any enterprise.

4. Ordering the payment of treble damages to those persons injured by racketeering as defined by section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312.

5. Ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, civil and criminal, including reasonable attorney fees, to be paid to the general fund of the state or the county that brings the action.

6. In personam forfeiture pursuant to chapter 39 of this title to the general fund of the state or county, as appropriate, to the extent that forfeiture is not inconsistent with protecting the rights of any person who sustained injury to his person, business or property by the racketeering conduct, of the interest of a person in:

(a) Any property or interest in property acquired or maintained by the person in violation of section 13-2312.

(b) Any interest in, security of, claims against or property, office, title, license or contractual right of any kind affording a source of influence over any enterprise or other property that the person has acquired or maintained an interest in or control of, conducted or participated in the conduct of in violation of section 13-2312.

(c) All proceeds traceable to an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 and held by the person and all monies, negotiable instruments, securities and other property used or intended to be used by the person in any manner or part to facilitate commission of the offense and that the person either owned or controlled for the purpose of that use.

(d) Any other property up to the value of the subject property described in subdivision (a), (b) or (c) of this paragraph.

7. Payment to the general fund of the state or county as appropriate of an amount equal to the gain that was acquired or maintained through an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312 or that any person is liable for under this section.

E. A person who is liable for conduct described in subsection D, paragraph 6, subdivision (a), (b) or (c) of this section is liable for the total value of all interests in property described in those subdivisions. The court shall enter an order of forfeiture against the person in the amount of the total value of all those interests less the value of any interests that are forfeited before or at the time of the entry of the final judgment.

F. A person or enterprise that acquires any property through an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or through a violation of section 13-2312 is an involuntary trustee. The involuntary trustee and any other person or enterprise, except a bona fide purchaser for value who is reasonably without notice of the unlawful conduct and who is not knowingly taking part in an illegal transaction, hold the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies under this section.

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

H. Notwithstanding any law creating a lesser period, the initiation of civil proceedings related to violations of any offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or a violation of section 13-2312, including procedures pursuant to chapter 39 of this title, shall be commenced within seven years after actual discovery of the violation.

I. In any civil action brought pursuant to this section, the attorney general or a county attorney may file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the chief judge or presiding chief judge of the superior court in the county in which the action is pending, and, on receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign the action for hearing, participate in the hearings and determination and cause the action to be expedited.

J. The standard of proof in actions brought pursuant to this section is the preponderance of the evidence test, except that the standard of proof for an order under subsection D, paragraph 6 of this section is the standard of proof that is applicable for an in personam forfeiture as set forth in chapter 39 of this title.

K. The attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted, including proceedings pursuant to chapter 39 of this title, or in which the court is interpreting this chapter or chapter 39 of this title. A party who files a notice of appeal from a civil action brought under this chapter or chapter 39 of this title shall serve the notice and one copy of the appellant's brief on the attorney general at the time the person files the appellant's brief with the court. This requirement is jurisdictional.

L. For the purposes of this section and section 13-2312:

1. "Acquire" means for a person to do any of the following:

(a) Possess.

(b) Act so as to exclude other persons from using their property except on his own terms.

(c) Bring about or receive the transfer of any interest in property, whether to himself or to another person, or to secure performance of a service.

2. "Gain" means any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

3. "Proceeds" includes any interest in property of any kind acquired through or caused by an act or omission, or derived from the act or omission, directly or indirectly, and any fruits of this interest, in whatever form.
A.R.S. § 13-3867 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3867
13-3867 Interpretation
Status: in_force

13-3867. Interpretation

The provisions of this article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
A.R.S. § 13-805 — Arizona Code / Title 13 / Chapter 8 / Section 805
13-805 Jurisdiction
Status: in_force

13-805. Jurisdiction

A. The trial court shall retain jurisdiction of the case as follows:

1. Subject to paragraph 2 of this subsection, for purposes of ordering, modifying and enforcing the manner in which court-ordered payments are made until paid in full or until the defendant's sentence expires.

2. For all restitution orders in favor of a victim, including liens and criminal restitution orders, for purposes of ordering, modifying and enforcing the manner in which payments are made until paid in full.

B. At the time the defendant is ordered to pay restitution by the court, the court may enter a criminal restitution order in favor of each person who is entitled to restitution for the unpaid balance of any restitution order.  A criminal restitution order does not affect any other monetary obligation imposed on the defendant pursuant to law.

C. At the time the defendant completes the defendant's period of probation or the defendant's sentence or the defendant absconds from probation or the defendant's sentence, the court shall enter both:

1. A criminal restitution order in favor of the state for the unpaid balance, if any, of any fines, costs, incarceration costs, fees, surcharges or assessments imposed.

2. A criminal restitution order in favor of each person entitled to restitution for the unpaid balance of any restitution ordered, if a criminal restitution order is not issued pursuant to subsection B of this section.

D. The clerk of the court shall notify each person who is entitled to restitution of the criminal restitution order.

E. A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12-1611 or 12-1612. Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution includes the collection of interest that accrues at a rate of ten percent a year. Enforcement of a criminal restitution order by the state includes the collection of interest that accrues at a rate of four percent a year.  A criminal restitution order does not expire until paid in full. A filing fee, a recording fee or any other charge is not required for recording a criminal restitution order.

F. All monies paid pursuant to a criminal restitution order entered by the court shall be paid to the clerk of the court.

G. Monies received as a result of a criminal restitution order entered pursuant to this section shall be distributed in the following order of priority:

1. Restitution ordered that is reduced to a criminal restitution order.

2. Associated interest.

H. The interest accrued pursuant to subsection E of this section does not apply to fees imposed for collection of the court ordered payments.

I. A criminal restitution order is a criminal penalty for the purposes of a federal bankruptcy involving the defendant.
A.R.S. § 13-2401 — Arizona Code / Title 13 / Chapter 24 / Section 2401
13-2401 Personal information on the internet; exception; classification; definitions
Status: in_force

13-2401. Personal information on the internet; exception; classification; definitions

A. It is unlawful for a person to knowingly make available on the internet the personal information of a health professional, election officer, public official, peace officer, justice, judge, commissioner, hearing officer, public defender, member of the commission on appellate court appointments, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or prosecutor if the dissemination of the personal  information poses an imminent and serious threat to the health professional's, election officer's, public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, member's, department of child safety employee's, adult protective services employee's or prosecutor's safety or the safety of that person's immediate family and the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent.  For the purposes of this subsection, "personal information" includes the address of a property held in trust by a public official.

B. It is not a violation of this section if an employee of a county recorder, county treasurer or county assessor publishes personal information, in good faith, on the website of the county recorder, county treasurer or county assessor in the ordinary course of carrying out public functions.

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

D. For the purposes of this section:

1. "Commissioner" means a commissioner of the superior court or municipal court.

2. "Election officer" means a state, county or municipal employee who holds an election officer's certificate issued pursuant to section 16-407.

3. "Health professional" means an individual who is licensed pursuant to title 32, chapter 13, 15, 17, 19.1, 25 or 33.

4. "Hearing officer" means a hearing officer who is appointed pursuant to section 28-1553.

5. "Immediate family" means a health professional's, peace officer's, justice's, judge's, commissioner's, public defender's or prosecutor's spouse, child or parent and any other adult who lives in the same residence as the person.

6. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.

7. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

8. "Personal information" means a health professional's, election officer's, public official's, peace officer's, justice's, judge's, commissioner's, hearing officer's, public defender's, commission on appellate court appointments member's or prosecutor's home address, home telephone number, pager number or personal photograph, directions to the person's home or photographs of the person's home or vehicle.

9. "Prosecutor" means a current or former county attorney, municipal prosecutor, attorney general or United States attorney and includes a current or former assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

10. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

11. "Public official" means a person who is duly elected or appointed to Congress, the legislature, a statewide office or a county, city or town office.
A.R.S. § 13-404 — Arizona Code / Title 13 / Chapter 4 / Section 404
13-404 Justification; self-defense
Status: in_force

13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.
A.R.S. § 13-1423 — Arizona Code / Title 13 / Chapter 14 / Section 1423
13-1423 Violent sexual assault; natural life sentence
Status: in_force

13-1423. Violent sexual assault; natural life sentence

A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter.

B. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person's natural life.
A.R.S. § 13-3108 — Arizona Code / Title 13 / Chapter 31 / Section 3108
13-3108 Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition
Status: in_force

13-3108. Firearms regulated by state; state preemption; injunction; civil penalty; cause of action; violation; classification; definition

A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state.

B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or related accessories or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components, or related accessories.

C. A political subdivision of this state shall not require or maintain a record in any form, whether permanent or temporary, including a list, log or database, of any of the following:

1. Any identifying information of a person who leaves a weapon in temporary storage at any public establishment or public event, except that the operator of the establishment or the sponsor of the event may require that a person provide a government issued identification or a reasonable copy of a government issued identification for the purpose of establishing ownership of the weapon.  The operator or sponsor shall store any provided identification with the weapon and shall return the identification to the person when the weapon is retrieved. The operator or sponsor shall not retain records or copies of any identification provided pursuant to this paragraph after the weapon is retrieved.

2. Except in the course of a law enforcement investigation, any identifying information of a person who owns, possesses, purchases, sells or transfers a firearm.

3. The description, including the serial number, of a weapon that is left in temporary storage at any public establishment or public event.

D. A political subdivision of this state shall not enact any rule or ordinance that relates to firearms and is more prohibitive than or that has a penalty that is greater than any state law penalty. A political subdivision's rule or ordinance that relates to firearms and that is inconsistent with or more restrictive than state law, whether enacted before or after July 29, 2010, is null and void.

E. A political subdivision of this state shall not enact any ordinance, rule or regulation limiting the lawful taking of wildlife during an open season established by the Arizona game and fish commission unless the ordinance, rule or regulation is consistent with title 17 and rules and orders adopted by the Arizona game and fish commission.  This subsection does not prevent a political subdivision from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure.  For the purposes of this subsection:

1. "Occupied structure" means any building in which, at the time of the firearm's discharge, a reasonable person from the location where a firearm is discharged would expect a person to be present.

2. "Take" has the same meaning prescribed in section 17-101.

F. This state, any agency or political subdivision of this state and any law enforcement agency in this state shall not facilitate the destruction of a firearm or purchase or otherwise acquire a firearm for the purpose of destroying the firearm except as authorized by section 13-3105 or 17-240.

G. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law or relating to any of the following:

1. Imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, firearms or ammunition or any firearm or ammunition components at a rate that applies generally to other items of tangible personal property.

2. Prohibiting a minor who is unaccompanied by a parent, grandparent or guardian or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the minor's parent, grandparent or guardian from knowingly possessing or carrying on the minor's person, within the minor's immediate control or in or on a means of transportation a firearm in any place that is open to the public or on any street or highway or on any private property except private property that is owned or leased by the minor or the minor's parent, grandparent or guardian. Any ordinance or rule that is adopted pursuant to this paragraph shall not apply to a minor who is fourteen, fifteen, sixteen or seventeen years of age and who is engaged in any of the following:

(a) Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(b) Lawful transportation of an unloaded firearm for the purpose of lawful hunting.

(c) Lawful transportation of an unloaded firearm for the purpose of attending shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.

(d) Any activity that is related to the production of crops, livestock, poultry, livestock products, poultry products or ratites or storage of agricultural commodities.

3. The regulation of commercial land and structures, including a business relating to firearms or ammunition or their components or a commercial shooting range in the same manner as other commercial businesses. Notwithstanding any other law, this paragraph does not:

(a) Authorize a political subdivision to regulate the sale or transfer of firearms on property it owns, leases, operates or controls in a manner that is different than or inconsistent with state law. For the purposes of this subdivision, a use permit or other contract that provides for the use of property owned, leased, operated or controlled by a political subdivision shall not be considered a sale, conveyance or disposition of property.

(b) Authorize a political subdivision through a zoning ordinance to prohibit or otherwise regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on a private lot or parcel of land that is not open to the public on a commercial or membership basis.

(c) Authorize a political subdivision to regulate the otherwise lawful discharge of a firearm or maintenance or improvements directly related to the discharge on land that is used for agriculture or other noncommercial purposes.

4. Regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract. For the purposes of this paragraph, acting within the course and scope of their employment or contract does not include the lawful possession, carrying, transporting or storing of a firearm or other weapon:

(a) On real property that is owned by the employee or independent contractor.

(b) In or on a private vehicle or craft that is owned or operated by the employee or independent contractor unless the ordinance or rule violates another applicable federal or state law or regulation.

(c) Pursuant to section 12-781.

5. Limiting or prohibiting the discharge of firearms in parks and preserves except:

(a) As allowed pursuant to chapter 4 of this title.

(b) On a properly supervised range as defined in section 13-3107.

(c) In an area approved as a hunting area by the Arizona game and fish department.  Any such area may be closed when deemed unsafe by the director of the Arizona game and fish department.

(d) To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.

(e) By special permit of the chief law enforcement officer of the political subdivision.

(f) As required by an animal control officer in performing duties specified in section 9-499.04 and title 11, chapter 7, article 6.

(g) In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

H. Any ordinance, regulation, tax or rule that is enacted by a political subdivision in violation of this section is invalid and subject to a permanent injunction against the political subdivision from enforcing the ordinance, regulation, tax or rule. It is not a defense that the political subdivision was acting in good faith or on the advice of counsel.

I. If a court determines that a political subdivision has knowingly and wilfully violated this section, the court may assess a civil penalty of up to fifty thousand dollars against the political subdivision.

J. If a court determines that a person has knowingly and wilfully violated this section while acting in the person's official capacity through enactment of any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy, the person may be subject to termination from employment to the extent allowable under state law.

K. A person or an organization whose membership is adversely affected by any ordinance, regulation, tax, measure, directive, rule, enactment, order or policy that is in violation of this section may file a civil action for declaratory and injunctive relief and actual damages against the political subdivision in any court of this state having jurisdiction over any defendant in the action.  If the plaintiff prevails in the action, the court shall award both:

1. Reasonable attorney fees and costs.

2. The actual damages incurred not to exceed one hundred thousand dollars.

L. A violation of any ordinance established pursuant to subsection G, paragraph 5 of this section is a class 2 misdemeanor unless the political subdivision designates a lesser classification by ordinance.

M. For the purposes of this section, "political subdivision" includes a political subdivision acting in any capacity, including under police power, in a proprietary capacity or otherwise.
A.R.S. § 13-3993 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3993
13-3993 Examination of defendant by qualified experts; privilege inapplicability; sealed reports
Status: in_force

13-3993. Examination of defendant by qualified experts; privilege inapplicability; sealed reports

A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the guilty except insane defense, the court shall appoint a qualified expert to evaluate the defendant and provide a written report that includes:

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

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

B. Within ten days after appointment of the qualified expert, the parties shall provide all available medical records, mental health reports and criminal history records to the qualified expert.  On notice to the court, the qualified expert may request additional records from the parties.

C. If the defendant provides a notice of a guilty except insane defense, the defense attorney shall nominate its own qualified expert to examine the defendant to determine the defendant's mental status at the time of the alleged offense. The state may call the same number of medical doctors and licensed psychologists who will testify on behalf of the defense.

D. If a defendant refuses to be examined by the state's qualified experts, the court shall preclude the defendant from offering expert evidence of the defendant's mental status at the time of the alleged offense.

E. The privilege of confidential communications between a qualified expert and the defendant as it relates to the defendant's mental status at the time of the alleged crime does not apply if any mental disability defense is raised.

F. If any mental disability defense is raised, both the state and the defendant shall receive before the trial complete copies of any report by a qualified expert who examines the defendant.

G. After a plea of guilty or after disposition of a matter where the defendant has pleaded guilty except insane, the court shall order all of the reports submitted pursuant to section 13-502 and this article 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 or 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.

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 by 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 to assess and supervise or monitor 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.

H. Any statement that is made by the defendant during an examination that is conducted pursuant to this article or any evidence resulting from that statement is not subject to disclosure pursuant to section 36-509.
A.R.S. § 13-4237 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4237
13-4237 Informal conference
Status: in_force

13-4237. Informal conference

The court at any time may hold an informal conference to expedite the proceeding, at which the defendant need not be present if he is represented by counsel who is present.
A.R.S. § 13-2603 — Arizona Code / Title 13 / Chapter 26 / Section 2603
13-2603 Trading in public office; classification
Status: in_force

13-2603. Trading in public office; classification

A. A person commits trading in public office if with corrupt intent:

1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer upon an agreement or understanding that he will or may be appointed to a public office or designated or nominated as a candidate for public office; or

2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or designated or nominated as a candidate for public office.

B. This section does not apply to contributions to political campaign funds or other similar political contributions made without corrupt intent.

C. Trading in public office is a class 6 felony.
A.R.S. § 13-3821 — Arizona Code / Title 13 / Chapter 38 / Article 3 / Section 3821
13-3821 Persons required to register; procedure; identification card; assessment; definitions
Status: in_force

13-3821. Persons required to register; procedure; identification card; assessment; definitions

A. A person who has been convicted of or adjudicated guilty except insane for a violation or attempted violation of any of the following offenses or who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting or adjudicating jurisdiction, within ten days after the conviction or adjudication or within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state, shall register with the sheriff of that county:

1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.

2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.

3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.

4. Sexual conduct with a minor pursuant to section 13-1405.

5. Sexual assault pursuant to section 13-1406.

6. Sexual assault of a spouse if the offense was committed before August 12, 2005.

7. Molestation of a child pursuant to section 13-1410.

8. Continuous sexual abuse of a child pursuant to section 13-1417.

9. Taking a child for the purpose of prostitution pursuant to section 13-3206.

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

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

12. Commercial sexual exploitation of a minor pursuant to section 13-3552.

13. Sexual exploitation of a minor pursuant to section 13-3553.

14. Luring a minor for sexual exploitation pursuant to section 13-3554.

15. A second or subsequent violation of indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402.

16. A second or subsequent violation of public sexual indecency to a minor who is under fifteen years of age pursuant to section 13-1403, subsection B.

17. A third or subsequent violation of indecent exposure pursuant to section 13-1402.

18. A third or subsequent violation of public sexual indecency pursuant to section 13-1403.

19. A violation of section 13-3822 or 13-3824.

20. Unlawful age misrepresentation.

21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.

22. Sexual extortion pursuant to section 13-1428 if the victim is under fifteen years of age.

B. Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section.  Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside. Registration pursuant to this subsection shall be consistent with subsection E of this section.

C. Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13-118 may require the person who committed the offense to register pursuant to this section.

D. The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section.  Any duty to register under this subsection terminates when the person reaches twenty-five years of age.

E. A person who has been convicted, adjudicated guilty except insane or adjudicated delinquent and who is required to register in the convicting or adjudicating state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either:

1. Employed full-time or part-time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.

2. Enrolled as a full-time or part-time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.

F. Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty-five years of age.

G. The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed.

H. The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13-923.

I. At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides. The information that is required by this subsection shall include all of the following:

1. All names by which the person is known.

2. Any required online identifier.

3. The name of any website or internet communication service where the identifier is being used.

4. If the person owns, possesses or regularly operates a motor vehicle that is required to be registered under title 28, chapter 7, the make, model, year of manufacture, color, vehicle identification number, state of registration and license plate number of the motor vehicle.

5. If the person has legal custody of a child who is enrolled in school, the child's name and enrollment status.

6. The physical location of the person's residence, the person's address and whether the person's residence is permanent or temporary, except that:

(a) If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease.

(b) If the person receives mail at a post office box or other place, the person shall provide the location and number of the post office box or other place.

(c) If the person has more than one residence, the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present.

(d) If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.

J. On the person's initial registration and every year after the person's initial registration during the month of the person's birthdate, the person shall report in person to the sheriff of the county in which the person is registered and confirm in writing all information required by this section, any required online identifier and the name of any website or internet communication service where the identifier is being used and the person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license. Notwithstanding sections 28-3165 and 28-3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence. The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.

K. Except as provided in subsection E or L of this section, the clerk of the superior court in the county in which a person has been convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction or adjudication within ten days after entry of the judgment.

L. Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of or adjudication of guilty except insane for a violation of section 13-1402. Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section. If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13-3825 to the department of public safety and shall make community notification as required by law.

M. A person who is required to register pursuant to this section because of a conviction or adjudication of guilty except insane for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions or adjudications, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations. Notwithstanding this subsection, a person who has a prior conviction or adjudication of guilty except insane for an offense for which registration is required pursuant to this section is required to register for life.

N. A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education.  The person who is required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.

O. At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of or adjudicated guilty except insane for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting or adjudicating jurisdiction. The sheriff shall transmit the sample to the department of public safety.

P. Any person who is required to register under subsection A of this section shall register the person's required online identifier and the name of any website or internet communication service where the identifier is being used or is intended to be used with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of the person's initial registration under this section.

Q. On conviction of or adjudication of guilty except insane for any offense for which a person is required to register pursuant to this section, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of $250. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this section to the county treasurer.  The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this section.

R. A person who is required to register pursuant to this section shall verify the person's residence and address if requested by the department of public safety pursuant to section 13-3827, subsection G.

S. For the purposes of this section:

1. "Address" means all locations at which the person receives mail.

2. "Legal custody" means the right to have physical possession of a child.

3. "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number.

4. "Residence" means:

(a) The person's dwelling place, whether permanent or temporary.

(b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights.

5. "School" means a public or nonpublic kindergarten program, common school or high school.

6. "Transient" means a person who does not have a single and permanent dwelling place.
A.R.S. § 13-3452 — Arizona Code / Title 13 / Chapter 34.1 / Section 3452
13-3452 Effect of representations made in construing status of certain substances whose origin is uncertain
Status: in_force

13-3452. Effect of representations made in construing status of certain substances whose origin is uncertain

A. If a dosage unit is in the form of a powder or liquid or if the appearance of a dosage unit is not otherwise reasonably sufficient to establish that a substance is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug, the representations made in connection with the substance or drug shall be considered in addition to all other logically relevant factors in determining whether the substance or drug is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug.

B. For the purposes of this section, representations made in connection with any substance or drug whose status is uncertain include:

1. Statements made by an owner or by anyone else in control of the substance or drug concerning the nature of the substance or drug, or its use or effect.

2. Statements made to the recipient of the substance or drug that the substance or drug may be resold for inordinate profit.

3. Whether the substance or drug is packaged in a manner normally used for imitation controlled substances, imitation prescription-only drugs or imitation over-the-counter drugs.

4. Evasive tactics or actions utilized by the owner or person in control of the substance or drug to avoid detection by law enforcement agencies.
A.R.S. § 13-710 — Arizona Code / Title 13 / Chapter 7 / Section 710
13-710 Sentence for second degree murder
Status: in_force

13-710. Sentence for second degree murder

A. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 shall be sentenced as follows:

Minimum Presumptive   Maximum

10 calendar years 16 calendar years 25 calendar years

B. Except as provided in section 13-704 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 and who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:

Minimum Presumptive   Maximum

15 calendar years 20 calendar years 29 calendar years

C. The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.
A.R.S. § 13-4240 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4240
13-4240 Postconviction deoxyribonucleic acid testing
Status: in_force

13-4240. Postconviction deoxyribonucleic acid testing

A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section may request the forensic deoxyribonucleic acid testing of any evidence that is in the possession or control of the court or the state, that is related to the investigation or prosecution that resulted in the judgment of conviction, and that may contain biological evidence.

B. After notice to the prosecutor and an opportunity to respond, the court shall order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through deoxyribonucleic acid testing.

2. The evidence is still in existence and is in a condition that allows deoxyribonucleic acid testing to be conducted.

3. The evidence was not previously subjected to deoxyribonucleic acid testing or was not subjected to the testing that is now requested and that may resolve an issue not previously resolved by the previous testing.

C. After notice to the prosecutor and an opportunity to respond, the court may order deoxyribonucleic acid testing if the court finds that all of the following apply:

1. A reasonable probability exists that either:

(a) The petitioner’s verdict or sentence would have been more favorable if the results of deoxyribonucleic acid testing had been available at the trial leading to the judgment of conviction.

(b) Deoxyribonucleic acid testing will produce exculpatory evidence.

2. The evidence is still in existence and is in a condition that allows deoxyribonucleic acid testing to be conducted.

3. The evidence was not previously subjected to deoxyribonucleic acid testing or was not subjected to the testing that is now requested and that may resolve an issue not previously resolved by the previous testing.

D. If the court orders testing pursuant to subsection B, the court shall order the method and responsibility for payment, if necessary.  If the court orders testing pursuant to subsection C, the court may require the petitioner to pay the costs of testing.

E. The court may appoint counsel for an indigent petitioner at any time during any proceedings under this section.

F. If the court orders testing pursuant to this section, the court shall select a laboratory that meets the standards of the deoxyribonucleic acid advisory board to conduct the testing.

G. If the prosecutor or defense counsel has previously subjected evidence to deoxyribonucleic acid testing, the court may order the prosecutor or defense counsel to provide all the parties and the court with access to the laboratory reports that were prepared in connection with the testing, including underlying data and laboratory notes.  If the court orders deoxyribonucleic acid testing pursuant to this section, the court shall order the production of any laboratory reports that are prepared in connection with the testing and may order the production of any underlying data and laboratory notes.

H. If a petition is filed pursuant to this section, the court shall order the state to preserve during the pendency of the proceeding all evidence in the state’s possession or control that could be subjected to deoxyribonucleic acid testing.  The state shall prepare an inventory of the evidence and shall submit a copy of the inventory to the defense and the court.  If evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions, including criminal contempt, for a knowing violation.

I. The court may make any other orders that the court deems appropriate, including designating any of the following:

1. The type of deoxyribonucleic acid analysis to be used.

2. The procedures to be followed during the testing.

3. The preservation of some of the sample for replicating the testing.

4. Elimination samples from third parties.

J. If the results of the postconviction deoxyribonucleic acid testing are not favorable to the petitioner, the court shall dismiss the petition. The court may make further orders as it deems appropriate, including any of the following:

1. Notifying the board of executive clemency or a probation department.

2. Requesting that the petitioner’s sample be added to the federal combined DNA index system offender database.

3. Providing notification to the victim or family of the victim.

K. Notwithstanding any other provision of law that would bar a hearing as untimely, if the results of the postconviction deoxyribonucleic acid testing are favorable to the petitioner, the court shall order a hearing and make any further orders that are required pursuant to this article or the Arizona rules of criminal procedure.
A.R.S. § 13-3884 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3884
13-3884 Arrest by private person
Status: in_force

13-3884. Arrest by private person

A private person may make an arrest:

1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
A.R.S. § 13-1103 — Arizona Code / Title 13 / Chapter 11 / Section 1103
13-1103 Manslaughter; classification
Status: in_force

13-1103. Manslaughter; classification

A. A person commits manslaughter by doing any of the following:

1. Recklessly causing the death of another person.

2. Committing second degree murder as prescribed in section 13-1104, subsection A on a sudden quarrel or heat of passion resulting from adequate provocation by the victim.

3. Intentionally providing the physical means that another person uses to die by suicide, with the knowledge that the person intends to die by suicide.

4. Committing second degree murder as prescribed in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force on the person or a third person that a reasonable person in his situation would have been unable to resist.

5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

B. A person who is at least eighteen years of age commits manslaughter by intentionally providing advice or encouragement that a minor uses to die by suicide with the knowledge that the minor intends to die by suicide.

C. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development.  A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:

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

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

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

D. Manslaughter is a class 2 felony.
A.R.S. § 13-4139 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4139
13-4139 Finality of discharge; exceptions
Status: in_force

13-4139. Finality of discharge; exceptions

A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except:

1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense by legal order or process.

2. If, after discharge for defect of proof, or for any defect in process, warrant or commitment, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
A.R.S. § 13-2707 — Arizona Code / Title 13 / Chapter 27 / Section 2707
13-2707 Proof of guilt
Status: in_force

13-2707. Proof of guilt

Proof of guilt beyond a reasonable doubt is sufficient for perjury or false swearing and it shall not be necessary that proof be made by a particular number of witnesses or by documentary or other type of evidence.
A.R.S. § 13-1204 — Arizona Code / Title 13 / Chapter 12 / Section 1204
13-1204 Aggravated assault; classification; definitions
Status: in_force

13-1204. Aggravated assault; classification; definitions

(L25, ch. 172, sec. 1; Caution: 1998 Prop 105 applies)

A. Until January 1, 2033, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

5. If the person commits the assault after entering the private home of another with the intent to commit the assault.

6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age.

7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A first responder or a person summoned and directed by the first responder.

(b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties.

(c) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

(d) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability, developmental disability or cognitive disability or because the person is seriously mentally ill, as defined in section 36-550.

(e) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties.

(f) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties.

(g) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties.

(h) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties.

(i) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties.

(j) An employee of a law enforcement agency, other than a peace officer, while engaged in the execution of any official duties.

(k) A public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle.

(l) An airport employee who interacts with the public while engaged in the airport employee's work duties.

(m) A railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance.

9. If the person knowingly takes or attempts to exercise control over any of the following:

(a) A first responder's or other officer's firearm and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(b) Any weapon other than a firearm that is being used by a first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.

(c) Any implement that is being used by a first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.  For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.

10. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

(iv) A county or city jail or an adult or juvenile detention facility of a city or county.

(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.

(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.

11. If the person uses a simulated deadly weapon.

12. if the person is aided by two or more accomplices who aid in committing the assault, the assault is directed at a single person and the assault results in physical injury.

B. Until January 1, 2033, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:

1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.

2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.

C. A person who is convicted of intentionally or knowingly committing aggravated assault on a first responder pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served.

D. If a person is convicted of committing aggravated assault on a peace officer pursuant to this section and the trier of fact determines that section 13-701, subsection D, paragraph 17 applies, the person shall be sentenced to two years more than would otherwise be imposed for the offense. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under this section or chapter 7 of this title. The person is not eligible for suspension of sentence, commutation or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B until the sentence imposed is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

E. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties.

F. Except pursuant to subsections G, H and I of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705.  Aggravated assault pursuant to subsection A, paragraph 3 or 12 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.

G. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a first responder is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a first responder is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a first responder is a class 4 felony unless the assault results in any physical injury to the first responder, in which case it is a class 3 felony.

H. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on an employee of a law enforcement agency is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on an employee of a law enforcement agency is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (j) of this section committed on an employee of a law enforcement agency is a class 5 felony unless the assault results in any physical injury to the employee, in which case it is a class 4 felony.

I. Aggravated assault pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.

2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.

3. Subsection A, paragraph 8, subdivision (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.

J. For the purposes of this section:

1. "Cognitive disability" has the same meaning prescribed in section 36-551.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "First responder" means:

(a) A peace officer.

(b) A firefighter, a fire marshal, a fire inspector, an emergency medical care technician or a paramedic who is engaged in the execution of any official duties.

(c) A tribal police officer.

4. "Health care worker" means:

(a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36.

(b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including:

(i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual.

(ii) Any emergency services and transport, including the services provided by firefighters and emergency responders.

5. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court.

6. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site.

7. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.
A.R.S. § 13-4434 — Arizona Code / Title 13 / Chapter 40 / Section 4434
13-4434 Victim's right to privacy; redaction of victim's name; exceptions; definitions
Status: in_force

13-4434. Victim's right to privacy; redaction of victim's name; exceptions; definitions

A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or the court orders disclosure on finding that a compelling need for the information exists. A court proceeding on the motion shall be in camera.

B. A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency shall be redacted by the originating agency and prosecution agencies from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

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

1. The victim's name except, if the victim is a minor, the victim's name may be redacted from public records pertaining to the crime if the countervailing interests of confidentiality, privacy, the rights of the minor or the best interests of this state outweigh the public interest in disclosure.

2. Any records that are transmitted between law enforcement and prosecution agencies or a court.

3. Any records if the victim or, if the victim is a minor, the victim's representative as designated under section 13-4403 has consented to the release of the information.

4. The general location at which the reported crime occurred.

5. The victim's address, if the victim's address appears in any body-worn camera footage, photographs or other visual or audio depictions and there is evidence that the defendant knows the victim's address because of a relationship set forth in section 13-3601, subsection A.

D. Notwithstanding subsections A and B of this section, a court may order the victim's identifying and locating information to be disclosed in a specific case if it is necessary to protect the defendant's constitutional rights or when the information is not reasonably able to be redacted because of undue burden or expense.  Before the court discloses the information, the victim must be notified and has the right to be heard by the court. If the disclosure is made to the defendant's attorney, the defendant's attorney may not disclose the information to any person other than the attorney's staff and a designated investigator.  The defendant's attorney may not provide the disclosed information to the defendant without specific authorization from the court.

E. On the request of a victim, the victim's name that is obtained, compiled or reported by a law enforcement agency or prosecution agency may be redacted by the originating agency and prosecution agencies from records that pertain to the criminal case involving the victim and that are released pursuant to a public records request if the agency reasonably expects that the release of the victim's name will result in harassment of the victim, threats to the victim's safety or witness tampering.

F. Subsection E of this section does not apply to any of the following:

1. Any record that is transmitted between law enforcement agencies and prosecution agencies or a court or that is disclosed to the defendant, the defendant's attorney or any of the attorney's staff.

2. Any record regarding a victim who is deceased.

3. Any record if the victim or, if the victim is a minor or vulnerable adult as defined in section 13-3623, the victim's representative as designated under section 8-384 or 13-4403, has consented to the release of the information.

4. Any record that a court of competent jurisdiction has ordered to be disclosed or a rule of procedure requires the release of a record to a party.

5. Any record if the law enforcement agency or prosecution agency has received a notice of final disposition in the criminal case.

G. For the purposes of this section:

1. "Identifying information" includes a victim's date of birth, social security number and official state or government issued driver license or identification number.

2. "Locating information" includes the victim's address, telephone number, email address and place of employment.
A.R.S. § 13-3812 — Arizona Code / Title 13 / Chapter 38 / Article 2 / Section 3812
13-3812 Examination of complainant; issuance of summons or warrant of arrest
Status: in_force

13-3812. Examination of complainant; issuance of summons or warrant of arrest

When the complaint is laid before the magistrate, he shall examine, on oath, the complainant and any witness he produces, and if there is just reason to believe that the commission of the offense threatened by the person complained of is imminent, the magistrate shall issue a summons, or warrant of arrest, reciting the substance of the complaint. If a warrant of arrest is issued, it shall command the officer to forthwith arrest the person complained of, and bring him before the magistrate.
A.R.S. § 13-2511 — Arizona Code / Title 13 / Chapter 25 / Section 2511
13-2511 Hindering prosecution in the second degree; classification
Status: in_force

13-2511. Hindering prosecution in the second degree; classification

A. A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such person renders assistance to such person.

B. Hindering prosecution in the second degree is a class 1 misdemeanor.
A.R.S. § 13-4511 — Arizona Code / Title 13 / Chapter 41 / Section 4511
13-4511 Competency to refuse treatment; length of sentence
Status: in_force

13-4511. Competency to refuse treatment; length of sentence

If the court finds that a defendant is incompetent to stand trial, the court shall determine:

1. If the defendant is incompetent to refuse treatment, including medication, and should be subject to involuntary treatment.

2. The maximum sentence the defendant could have received pursuant to section 13-702, section 13-703, section 13-704, subsection A, B, C, D or E, section 13-705, section 13-706, subsection A, section 13-707, section 13-708, subsection D, section 13-710 or section 13-1406 or the sentence the defendant could have received pursuant to section 13-751, subsection A or any section for which a specific sentence is authorized. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.
A.R.S. § 13-3556 — Arizona Code / Title 13 / Chapter 35.1 / Section 3556
13-3556 Permissible inferences
Status: in_force

13-3556. Permissible inferences

In a prosecution relating to the sexual exploitation of children, the trier of fact may draw the inference that a participant is a minor if the visual depiction or live act through its title, text or visual representation depicts the participant as a minor.
A.R.S. § 13-3206 — Arizona Code / Title 13 / Chapter 32 / Section 3206
13-3206 Taking child for purpose of prostitution; classification
Status: in_force

13-3206. Taking child for purpose of prostitution; classification

A person who takes away any minor from the minor's father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony.  If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to section 13-705.
A.R.S. § 13-4404 — Arizona Code / Title 13 / Chapter 40 / Section 4404
13-4404 Limited rights of a legal entity
Status: in_force

13-4404. Limited rights of a legal entity

A corporation, partnership, association or other legal entity which, except for its status as an artificial entity, would be included in the definition of victim in section 13-4401, shall be afforded the following rights:

1. The prosecutor shall, within a reasonable time after arrest, notify the legal entity of the right to appear and be heard at any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.

2. The prosecutor shall notify the legal entity of the right to submit to the court a written statement containing information and opinions on restitution and sentencing in its case.

3. On request, the prosecutor shall notify the legal entity in a timely manner of the date, time and place of any proceeding relating to restitution or sentencing of the person convicted of committing the criminal offense against the legal entity.

4. A lawful representative of the legal entity shall have the right, if present, to be heard at any proceeding relating to the sentencing or restitution of the person convicted of committing the criminal offense against the legal entity.
A.R.S. § 13-3968 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3968
13-3968 Violation of conditions of release; hearing
Status: in_force

13-3968. Violation of conditions of release; hearing

A. Upon a verified application by the prosecuting attorney alleging that a defendant charged with a felony has wilfully violated the conditions of his release, a judicial officer may issue a warrant directing that the defendant be arrested and taken forthwith before a superior court for hearing.

B. After a hearing and upon a finding that the defendant has wilfully violated the conditions of his release, the court may impose different or additional conditions upon the defendant's release. Upon a finding of probable cause that the defendant committed a felony during the period of release, the defendant's release may be revoked.

C. Nothing contained in this section shall be construed to authorize the release of a person not bailable as a matter of right.
A.R.S. § 13-3901 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3901
13-3901 Right of attorney to visit person arrested
Status: in_force

13-3901. Right of attorney to visit person arrested

Any attorney at law entitled to practice in the courts of this state shall, at the request of the person arrested or of some one acting in his behalf, be permitted, under reasonable regulations, to visit the person arrested.
A.R.S. § 13-2801 — Arizona Code / Title 13 / Chapter 28 / Section 2801
13-2801 Definitions
Status: in_force

13-2801. Definitions

In this chapter, unless the context otherwise requires:

1. "Juror" means any person who is a member of any impaneled jury or grand jury, and includes any person who has been drawn or summoned to attend as a prospective juror.

2. "Official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath.

3. "Physical evidence" means any article, object, document, record or other thing of physical substance.

4. "Testimony" means oral or written statements, documents or any other material that may be offered by a witness in an official proceeding.

5. "Threat" means a threat proscribed by section 13-1804, subsection A.
A.R.S. § 13-3451 — Arizona Code / Title 13 / Chapter 34.1 / Section 3451
13-3451 Definitions
Status: in_force

13-3451. Definitions

In this chapter, unless the context otherwise requires:

1. "Controlled substance" means a drug, substance or immediate precursor in schedules I through V of title 36, chapter 27 or the rules adopted pursuant to title 36, chapter 27, or a dangerous drug or a narcotic drug listed in section 13-3401.

2. "Counterfeit preparation" means a preparation that has an appearance which imitates another preparation but that, in fact, is a different preparation.

3. "Distribute" means the actual, constructive or attempted transfer, delivery or sale of, or dispensing to another of, an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug.

4. "Imitation controlled substance" means a drug, substance or immediate precursor which does or does not contain a controlled substance that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is a controlled substance but it is a counterfeit preparation.

5. "Imitation over-the-counter drug" means an imitation of a nonprescription drug as defined in section 32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is an over-the-counter drug.

6. "Imitation prescription-only drug" means a drug, substance or immediate precursor which does or does not contain a prescription-only drug as defined by section 32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by color, shape, size or markings, apart from any other representations, packaging or advertisements, would lead a reasonable person to believe that the substance is a prescription-only drug but it is a counterfeit preparation.

7. "Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug.

8. "Placebo" means an inactive substance or preparation used in controlled studies to determine the effectiveness of medicinal substances or used to please or gratify a physician's patient.
A.R.S. § 13-2901 — Arizona Code / Title 13 / Chapter 29 / Section 2901
13-2901 Definitions
Status: in_force

13-2901. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Public" means affecting or likely to affect a substantial group of persons.
A.R.S. § 13-2411 — Arizona Code / Title 13 / Chapter 24 / Section 2411
13-2411 Impersonating a peace officer; classification; definition
Status: in_force

13-2411. Impersonating a peace officer; classification; definition

A. A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts.

B. It is not a defense to a prosecution under this section that the law enforcement agency the person pretended to represent did not in fact exist or that the law enforcement agency the person pretended to represent did not in fact possess the authority claimed for it.

C. Impersonating a peace officer is a class 6 felony, except that impersonating a peace officer during the commission of any of the following felonies is a class 4 felony:

1. Negligent homicide.

2. Manslaughter.

3. First degree murder.

4. Second degree murder.

5. Assault.

6. Aggravated assault.

7. Sexual assault.

8. Violent sexual assault.

9. Sexual abuse.

10. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.

11. Attack by a person's vicious animal as prescribed in section 13-1208.

12. Drive by shooting.

13. Discharging a firearm at a structure.

14. Aggravated criminal damage.

15. Theft.

16. Theft by extortion.

17. Theft of a credit card or obtaining a credit card by fraudulent means.

18. Misconduct involving weapons.

19. Misconduct involving explosives.

20. Depositing explosives.

21. Procuring or placing persons in a house of prostitution.

22. Dangerous crimes against children as prescribed in section 13-705.

23. Burglary.

24. Arson.

25. Kidnapping.

26. Robbery.

D. For the purposes of this section, "peace officer" has the same meaning prescribed in section 1-215 and includes any federal law enforcement officer or agent who has the power to make arrests pursuant to federal law.
A.R.S. § 13-2303 — Arizona Code / Title 13 / Chapter 23 / Section 2303
13-2303 Financing extortionate extensions of credit
Status: in_force

13-2303. Financing extortionate extensions of credit

A person who knowingly advances money or property, whether as a gift, loan, investment, pursuant to a partnership or profit sharing agreement or otherwise, to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced, directly or indirectly, for the purpose of making extortionate extensions of credit, is guilty of a class 2 felony.
A.R.S. § 13-3456 — Arizona Code / Title 13 / Chapter 34.1 / Section 3456
13-3456 Possession or possession with intent to use imitation controlled substance; violation; classification
Status: in_force

13-3456. Possession or possession with intent to use imitation controlled substance; violation; classification

A. It is unlawful for any person to possess or possess with intent to use an imitation controlled substance.

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

C. A person who violates subsection A by the possession or the possession of with intent to use an imitation controlled substance is guilty of a class 2 misdemeanor.
A.R.S. § 13-4420 — Arizona Code / Title 13 / Chapter 40 / Section 4420
13-4420 Criminal proceedings; right to be present
Status: in_force

13-4420. Criminal proceedings; right to be present

The victim has the right to be present throughout all criminal proceedings in which the defendant has the right to be present.
A.R.S. § 13-3201 — Arizona Code / Title 13 / Chapter 32 / Section 3201
13-3201 Enticement of persons for purpose of prostitution; classification
Status: in_force

13-3201. Enticement of persons for purpose of prostitution; classification

A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person, is guilty of a class 6 felony.
A.R.S. § 13-918 — Arizona Code / Title 13 / Chapter 9 / Section 918
13-918 Employment; monitoring of wages
Status: in_force

13-918. Employment; monitoring of wages

A. The intensive probation team shall assist each person under its supervision in obtaining employment.

B. The person's wages shall be monitored by the person's probation officer to ensure the collection of restitution, probation fees, fines and other payments.
A.R.S. § 13-4037 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4037
13-4037 Power of supreme court to correct and reduce sentence upon appeal by defendant
Status: in_force

13-4037. Power of supreme court to correct and reduce sentence upon appeal by defendant

A. Upon an appeal by the defendant either from a judgment of conviction or from sentence, if an illegal sentence has been imposed upon a lawful verdict or finding of guilty by the trial court, the supreme court shall correct the sentence to correspond to the verdict or finding. The sentence as corrected shall be enforced by the court from which the appeal was taken.

B. Upon an appeal from the judgment or from the sentence on the ground that it is excessive, the court shall have the power to reduce the extent or duration of the punishment imposed, if, in its opinion, the conviction is proper, but the punishment imposed is greater than under the circumstances of the case ought to be inflicted. In such a case, the supreme court shall impose any legal sentence, not more severe than that originally imposed, which in its opinion is proper. Such sentence shall be enforced by the court from which the appeal was taken.
A.R.S. § 13-2910.07 — Arizona Code / Title 13 / Chapter 29 / Section 2910.07
13-2910.07 Cruel and inhumane confinement of a pig during pregnancy or of a calf raised for veal
Status: in_force

13-2910.07. Cruel and inhumane confinement of a pig during pregnancy or of a calf raised for veal

(Caution:  1998 Prop. 105 applies)

A. Notwithstanding any other provision of title 3 or title 13, a person shall not tether or confine any pig during pregnancy or any calf raised for veal, on a farm, for all or the majority of any day, in a manner that prevents such animal from:

1. Lying down and fully extending his or her limbs; or

2. Turning around freely.

B. This section shall not apply to:

1. Pigs or calves during transportation.

2. Pigs or calves in rodeo exhibitions, state or county fair exhibitions, or other similar exhibitions.

3. The killing of pigs or calves according to the provisions of chapter 13, title 3 and other applicable law and regulations.

4. Pigs or calves involved in lawful scientific or agricultural research.

5. Pigs or calves while undergoing an examination, test, treatment or operation for veterinary purposes.

6. A pig during the seven day period prior to the pig's expected date of giving birth.

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

D. The following definitions shall govern this section:

1. "Calf" means a calf of the bovine species.

2. "Calf raised for veal" means a calf raised with the intent of selling, marketing or distributing the meat, organs or any part of such calf as a food product described as "veal."

3. "Farm" means the land, buildings, support facilities, and other equipment that is wholly or partially used for the production of animals for food or fiber.

4. "Pig" means any animal of the porcine species.

5. "Turning around freely" means having the ability to turn around in a complete circle without any impediment, including a tether, or, in the case of an enclosure (including what is commonly described as a "gestation crate" for pigs and a "veal crate" for calves) without touching any side of the enclosure.
A.R.S. § 13-4093 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4093
13-4093 Witness from another state summoned to testify in this state
Status: in_force

13-4093. Witness from another state summoned to testify in this state

A. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.

B. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state, such judge may direct that the witness be forthwith brought before him; and the judge being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof, may order that the witness be forthwith taken into custody and delivered to an officer of this state, which order shall be sufficient authority to the officer to take the witness into custody and hold him unless and until he may be released by bail, recognizance or order of the judge issuing the certificate.

C. If the witness is summoned to attend and testify in this state he shall be tendered 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. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, 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 any witness who disobeys a summons issued from a court of record in this state.
A.R.S. § 13-822 — Arizona Code / Title 13 / Chapter 8 / Section 822
13-822 Effective programs to prevent and detect violations of law; fines
Status: in_force

13-822. Effective programs to prevent and detect violations of law; fines

A. If based on any evidence or information introduced or submitted to the court before sentencing or on any evidence that was previously heard at trial the court finds by a preponderance of the evidence that an enterprise had an effective program to prevent and detect violations of law in effect at the time the offense was committed, the court shall set forth on the record its factual findings and the reasons in support of its findings and shall reduce the fine imposed pursuant to section 13-803, if any, by twenty-five per cent.

B. An effective program to prevent and detect violations of law requires at a minimum that the enterprise does the following:

1. Establish compliance standards and procedures to be followed by its employees and other agents that are reasonably capable of reducing the prospect of violations of law.

2. Assign specific high-level personnel within the enterprise overall responsibility to oversee compliance with the standards and procedures.

3. Use due care not to delegate substantial discretionary authority to individuals whom the enterprise knows, or should know through the exercise of due diligence, have a propensity to engage in illegal activities.

4. Take steps to communicate effectively its standards and procedures to all employees and other agents, including requiring participation in training programs or disseminating publications that explain in a practical manner what is required.

5. Take reasonable steps to achieve compliance with its standards, including the use of monitoring and auditing systems reasonably designed to detect violations of law by its employees and other agents and having in place and publicizing a reporting system where employees and other agents can report violations of law by others within the enterprise without fear of retribution.

6. Consistently enforce the standards through appropriate disciplinary mechanisms, including, as appropriate, discipline of individuals responsible for the failure to detect a violation.

7. After a violation is detected, take all reasonable steps to respond appropriately to the violation and to prevent further similar violations, including any necessary modifications to its program to prevent and detect violations of law.

C. Relevant factors for determining precise actions necessary for an effective program to prevent and detect violations of law include:

1. The size of the enterprise.

2. The likelihood that certain violations may occur because of the nature of the enterprise's business.

3. The prior history of the enterprise.

D. The failure of an enterprise to incorporate and follow applicable industry practice or the standards called for by any applicable governmental rule weighs against a finding of an effective program to prevent and detect violations of law.

E. An enterprise’s failure to prevent or detect violations of law, by itself, does not mean that the program is not effective if the court finds that the enterprise exercised due diligence in establishing and maintaining its program at the time the acts constituting the offense were committed.

F. This section does not apply if any of the following applies:

1. A high managerial agent of the enterprise, a unit of the enterprise with two hundred or more employees and within which the offense was committed or an individual who is responsible for the administration or enforcement of a program to prevent and detect violations of law participated in, condoned or was wilfully ignorant of the offense.  It is a rebuttable presumption that the enterprise did not have an effective program to prevent and detect violations of law if an individual with substantial supervisory authority participates in an offense.

2. After becoming aware of an offense, the enterprise unreasonably delayed reporting the offense to the appropriate governmental authorities. An enterprise shall report an offense within seventy-two hours.

3. The enterprise wilfully obstructed or impeded, attempted to obstruct or impede or aided, abetted or encouraged the obstruction of justice during the investigation, prosecution or sentencing of the offense or, with knowledge of the offense, failed to take reasonable steps to prevent the obstruction or impediment or the attempted obstruction or impediment.

4. If the offense is discovered by the government before disclosure by the enterprise unless, under the circumstances of the offense, no high managerial agent knew or could reasonably have known of the conduct constituting the offense.
A.R.S. § 13-4426.01 — Arizona Code / Title 13 / Chapter 40 / Section 4426.01
13-4426.01 Sentencing; victims' right to be heard
Status: in_force

13-4426.01. Sentencing; victims' right to be heard

In any proceeding in which the victim has the right to be heard pursuant to article II, section 2.1, Constitution of Arizona, or this chapter, the victim's right to be heard is exercised not as a witness, the victim's statement is not subject to disclosure to the state or the defendant or submission to the court and the victim is not subject to cross-examination. The state and the defense shall be afforded the opportunity to explain, support or deny the victim's statement.