A.R.S. § 13-2920 — Arizona Code / Title 13 / Chapter 29 / Section 2920
13-2920 Advertisements and required preamble message for telephone information services; telecommunications corporation compensation; definitions; classification
Status: in_force

13-2920. Advertisements and required preamble message for telephone information services; telecommunications corporation compensation; definitions; classification

A. An information access telephone service provider shall not provide or sponsor an advertisement, publication or other communication regarding information access telephone service that does not clearly and conspicuously display the price for each call or for each minute of the call or provide or sponsor a television or radio advertisement that does not include a clearly audible voice announcement of the price for each call or for each minute of the call.

B. Information access telephone service providers shall begin each information access telephone service call with a clear statement, without charge, of whether the call is billed on a per minute or a per call basis and the price for the call or for each minute of the call.

C. Information access telephone service providers shall compensate any telecommunications corporation transporting the provider's service for all charges associated with blocking information access telephone services, and shall make arrangements with the telecommunications corporation for a one time adjustment per residential customer account for an information access telephone service charge if the adjustments involve calls made by minors without authorization or involve claims of fraud, theft or misrepresentation. An adjustment pursuant to this subsection, except for billing and transport charges, shall be charged to the information access telephone service provider who shall not attempt private collection of any adjustments to customers' accounts made by a telecommunications corporation.

D. An information access telephone service provider shall not provide an information access telephone service which describes or depicts, directly or indirectly, sexual conduct or activity or which contains sexually suggestive content unless access to such service is restricted to persons eighteen years of age or older and requires that the service is provided by subscription through the information access telephone service provider.

E. An information access telephone service provider shall not provide recorded announcements or live programs which forward or refer callers to telephone numbers which are not 976 service or 676 service for the purpose of the type of services provided by 976 service or 676 service.

F. In this section:

1. "Information access telephone service" means telephone service and facilities which provide access to a provider-sponsored prerecorded or live announcement or program and which is commonly referred to as "976 service" or "676 service".

2. "Provider" means a person, partnership, corporation or organization that contracts with a telecommunications corporation to transport telephone calls, bill customers or collect charges for a prerecorded or live announcement or program.

3. "Adjustment" means a waiver of all unpaid charges incurred by the residential customer for information access telephone services up to the time the customer contacts the telecommunications corporation and requests the adjustment.

G. A person who violates this section is guilty of a class 3 misdemeanor.
A.R.S. § 13-802 — Arizona Code / Title 13 / Chapter 8 / Section 802
13-802 Fines for misdemeanors
Status: in_force

13-802. Fines for misdemeanors

A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred dollars.

B. A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars.

C. A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars.

D. A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars.

E. 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.

F. This section does not apply to an enterprise.
A.R.S. § 13-2502 — Arizona Code / Title 13 / Chapter 25 / Section 2502
13-2502 Escape in the third degree; classification
Status: in_force

13-2502. Escape in the third degree; classification

A. A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody.

B. Escape in the third degree is a class 6 felony.
A.R.S. § 13-3116 — Arizona Code / Title 13 / Chapter 31 / Section 3116
13-3116 Misconduct involving body armor; classification; definition
Status: in_force

13-3116. Misconduct involving body armor; classification; definition

A. A person commits misconduct involving body armor by knowingly wearing or otherwise using body armor during the commission of any felony offense.

B. Misconduct involving body armor is a class 4 felony.

C. For purposes of this section, "body armor" means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.
A.R.S. § 13-924 — Arizona Code / Title 13 / Chapter 9 / Section 924
13-924 Probation; earned time credit; work time credit; applicability; definitions
Status: in_force

13-924. Probation; earned time credit; work time credit; applicability; definitions

A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit or work time credit.

B. Earned time credit equals twenty days for every thirty days that a probationer does all of the following:

1. Exhibits positive progression toward the goals and treatment of the probationer’s case plan.

2. Is current on payments for court ordered restitution and is in compliance with all other nonmonetary obligations.

3. Is current in completing community restitution.

C. Work time credit equals thirty days for every thirty days that a probationer does all of the following:

1. Is engaged in eligible employment. A probationer must provide supporting documentation to the supervising probation officer within five business days after completing thirty days of eligible employment. The supervising probation officer must verify the probationer's employment through the supporting documentation that is provided by the probationer and by any other means that the court determines is necessary to verify the work, including site visits and telephonic verification. The probation officer must document any request for work time credit that is denied.

2. Exhibits positive progression toward the goals and treatment of the probationer's case plan.

3. Is current on payments for court-ordered restitution and is in compliance with all other nonmonetary obligations.

4. Is current in completing community restitution.

D. Any earned time credit and work time credit awarded pursuant to this section shall be revoked if a probationer is found in violation of a condition of probation.

E. This section does not apply to a probationer who is currently:

1. On lifetime probation.

2. On probation for any class 2 or 3 felony.

3. On probation exclusively for a misdemeanor offense.

4. Required to register pursuant to section 13-3821.

F. This section has no effect on the ability of the court to terminate the period of probation or intensive probation pursuant to section 13-901, subsection E at a time earlier than originally imposed.

G. For the purposes of this section:

1. "Eligible employment" means any occupation or combination of occupations for which a person can provide supporting documentation verifying at least one hundred thirty wage-earning hours in any thirty-day period.

2. "Supporting documentation" means an employment record, pay stub, employment letter, contract or other reliable means of verifying employment.
A.R.S. § 13-906 — Arizona Code / Title 13 / Chapter 9 / Section 906
13-906 Restoration of civil rights; process
Status: in_force

13-906. Restoration of civil rights; process

A. At the time of sentencing, the court shall inform a person in writing and on the record of the person's right to the restoration of civil rights in the following manner:

1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person that the person's rights will be automatically restored on the completion of probation or absolute discharge from imprisonment. The court's order and judgment of guilt must include an explanation of the civil rights that will be automatically restored pursuant to this paragraph.

2. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person of the person's right to the restoration of civil rights. The court's order and judgment of guilt must include an explanation that includes when the person can apply to have the person's civil rights restored.

B. The probation department shall provide a copy of the court's sentencing order and judgment of guilt to each person who completes probation.  The state department of corrections shall provide a copy of the court's sentencing order and judgment of guilt to each prisoner who obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term of probation to begin on absolute discharge from the state department of corrections.

C. The clerk of the court shall notify the department of public safety when a person's civil rights are automatically restored pursuant to section 13-907, including whether the person's right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person's civil rights, including whether a person's right to possess a firearm is restored. The department of public safety shall update the person's criminal history with an annotation that the person's civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person's record.

D. The restoration of a person's civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.

E. If the court denies an application for the restoration of a person's civil rights, the court shall state its reasons for the denial in writing.

F. If the restoration of a person's civil rights is discretionary with the court, a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application and of the rights provided to the victim in this section.
A.R.S. § 13-3922 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3922
13-3922 Controverting grounds of issuance; procedure; restoration of property
Status: in_force

13-3922. Controverting grounds of issuance; procedure; restoration of property

A. If an owner of seized property controverts the grounds on which the warrant was issued, the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. The testimony given by each witness shall be reduced to writing and certified by the magistrate. If it appears that the property taken is not the same as that described in the warrant and is not within section 13-3916, subsection C, D or E or section 13-3925, subsection C, or that probable cause does not exist for believing the items are subject to seizure, the magistrate shall cause the property to be restored to the person from whom it was taken if the property is not such that any interest in it is subject to forfeiture or its possession would constitute a criminal offense.

B. Any order under this section as to a property interest is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of that person in all actions pursuant to this title.  Other orders are appealable, if permitted by the Arizona rules of civil procedure.

C. No stay may issue on the forfeiture of seized property or its use in an action pursuant to this title while contravention of the warrant is being litigated.
A.R.S. § 13-1002 — Arizona Code / Title 13 / Chapter 10 / Section 1002
13-1002 Solicitation; classifications
Status: in_force

13-1002. Solicitation; classifications

A. A person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, commits solicitation if, with the intent to promote or facilitate the commission of a felony or misdemeanor, such person commands, encourages, requests or solicits another person to engage in specific conduct which would constitute the felony or misdemeanor or which would establish the other's complicity in its commission.

B. Solicitation is a:

1. Class 3 felony if the offense solicited is a class 1 felony.

2. Class 4 felony if the offense solicited is a class 2 felony.

3. Class 5 felony if the offense solicited is a class 3 felony.

4. Class 6 felony if the offense solicited is a class 4 felony.

5. Class 1 misdemeanor if the offense solicited is a class 5 felony.

6. Class 2 misdemeanor if the offense solicited is a class 6 felony.

7. Class 3 misdemeanor if the offense solicited is a misdemeanor.
A.R.S. § 13-3623 — Arizona Code / Title 13 / Chapter 36 / Section 3623
13-3623 Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions
Status: in_force

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.

2. If done recklessly, the offense is a class 3 felony.

3. If done with criminal negligence, the offense is a class 4 felony.

B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 4 felony.

2. If done recklessly, the offense is a class 5 felony.

3. If done with criminal negligence, the offense is a class 6 felony.

C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4.  Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.

E. This section does not apply to:

1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.

2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.

F. For the purposes of this section:

1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:

(a) Intentional infliction of physical harm.

(b) Injury caused by criminally negligent acts or omissions.

(c) Unlawful imprisonment, as described in section 13-1303.

(d) Sexual abuse or sexual assault.

2. "Child" means an individual who is under eighteen years of age.

3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.

4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.

5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.
A.R.S. § 13-3961.01 — Arizona Code / Title 13 / Chapter 38 / Article 12 / Section 3961.01
13-3961.01 Offenses not bailable; postconviction; exceptions
Status: in_force

13-3961.01. Offenses not bailable; postconviction; exceptions

A person shall not be continued at large on bail or be admitted to bail after conviction of a felony offense for which the person has received a sentence of imprisonment except when the superior court or a judge thereof is satisfied upon investigation that the person in custody is in such physical condition that continued confinement would endanger his life.
A.R.S. § 13-4130 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4130
13-4130 Hearing on return
Status: in_force

13-4130. Hearing on return

A. The court or judge to whom the writ is returned shall, immediately after the return thereof, hear and examine the return, and such other matters as may be properly submitted.

B. The petitioner may controvert the return, or object to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to discharge. The court or judge shall thereupon hear the evidence, and in a summary manner dispose of the party as justice may require.
A.R.S. § 13-3503 — Arizona Code / Title 13 / Chapter 35 / Section 3503
13-3503 Seizure of obscene things; disposition
Status: in_force

13-3503. Seizure of obscene things; disposition

An obscene or indecent writing, paper, book, picture, print or figure found in possession, or under control of a person arrested therefor, shall be delivered to the magistrate before whom the person arrested is required to be taken, and if the magistrate finds it is obscene or indecent, he shall deliver one copy to the county attorney of the county in which the accused is liable to prosecution, and at once destroy all other copies. The copy delivered to the county attorney shall be destroyed upon conviction of the accused.
A.R.S. § 13-1814 — Arizona Code / Title 13 / Chapter 18 / Section 1814
13-1814 Theft of means of transportation; affidavit; classification
Status: in_force

13-1814. Theft of means of transportation; affidavit; classification

A. A person commits theft of means of transportation if, without lawful authority, the person knowingly does one of the following:

1. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation.

2. Converts for an unauthorized term or use another person's means of transportation that is entrusted to or placed in the defendant's possession for a limited, authorized term or use.

3. Obtains another person's means of transportation by means of any material misrepresentation with intent to permanently deprive the person of the means of transportation.

4. Comes into control of another person's means of transportation that is lost or misdelivered under circumstances providing means of inquiry as to the true owner and appropriates the means of transportation to the person's own or another's use without reasonable efforts to notify the true owner.

5. Controls another person's means of transportation knowing or having reason to know that the property is stolen.

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

C. A person who alleges that a theft of means of transportation has occurred shall attest to that fact by signing an affidavit that is provided by the law enforcement officer or agency when the report is taken in person or by signing and notarizing an affidavit that is provided by the law enforcement agency if the report is taken other than in person. If the affidavit is not taken in person by a law enforcement officer or agency, the person who alleges that a theft of means of transportation has occurred shall mail or deliver the signed and notarized affidavit to the appropriate local law enforcement agency within seven days after reporting the theft.  If the appropriate law enforcement agency does not receive the signed and notarized affidavit within thirty days after the initial report, the vehicle information shall be removed from the databases of the national crime information center and the Arizona criminal justice information system.  The affidavit provided by the law enforcement agency shall indicate that a person who falsely reports a theft of means of transportation may be subject to criminal prosecution.

D. Theft of means of transportation is a class 3 felony.
A.R.S. § 13-3723 — Arizona Code / Title 13 / Chapter 37 / Section 3723
13-3723 Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions
Status: in_force

13-3723. Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions

A. It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited.

B. With reasonable cause, a person may detain on the premises in a reasonable manner and for a reasonable time any person suspected of the unlawful recording of a motion picture as prescribed in subsection A for questioning or summoning a law enforcement officer.  For the purposes of this subsection, "person" means:

1. The owner or lessee of a facility in which a motion picture is being exhibited or the owner's or lessee's authorized agent or employee.

2. The licensor of the motion picture being exhibited or the licensor's authorized agent or employee.

C. This section does not prevent any federal or state law enforcement agency or officer that is engaged in any intelligence gathering activities or any other lawful investigation from operating any audiovisual recording device in any facility in which a motion picture is being exhibited.

D. This section does not prevent prosecution under any other provision of law that provides for a greater penalty.

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

F. For the purposes of this section:

1. "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.

2. "Facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include the lobby area of a theater or a personal residence.
A.R.S. § 13-3803 — Arizona Code / Title 13 / Chapter 38 / Article 1 / Section 3803
13-3803 Preserving peace at public meetings
Status: in_force

13-3803. Preserving peace at public meetings

The mayor or other officer having direction of the police of a city or town shall order a force, sufficient to preserve the peace, to attend any public meeting, when apprehensive of a breach of the peace.
A.R.S. § 13-4309 — Arizona Code / Title 13 / Chapter 39 / Section 4309
13-4309 Postdeprivation hearing
Status: in_force

13-4309. Postdeprivation hearing

A. After the seizure of property, the defendant in the related criminal matter or another person who claims an interest in the seized property, up to sixty days after the notice, may claim an interest in seized property by filing a motion with the superior court requesting an order for the release of the claimed property to the person's custody pending further forfeiture proceedings and orders pursuant to this chapter. A motion filed pursuant to this section must include facts to support the person's alleged interest in the property. The state may elect to not contest the motion and the release of the claimed property to the custody of the person who is claiming the interest in the seized property. The state may request that the court issue a protective order that preserves the availability of released property pending further forfeiture proceedings.

B. A person who makes a timely motion for the return of property has a right to a hearing on the motion before the resolution of any related criminal matter or forfeiture proceeding and within thirty days after the date that the motion is filed.

C. At least ten days before a hearing on a motion filed pursuant to this section, the state shall file an answer or responsive motion that includes the reasons why the state is entitled to retain possession of the property.

D. The court shall grant the claimant's motion if the court finds that any of the following applies:

1. It is likely that the final judgment will require the state to return the property to the claimant.

2. The property is not reasonably required to be held for evidentiary reasons.

3. The property is the only reasonable means for a defendant to pay for legal representation in a related criminal or forfeiture proceeding. This paragraph does not apply if the court finds by sufficient evidence, presented in a hearing on a motion, answer or responsive motion, that another person has filed a claim to the seized property and the other person is the victim, as defined in section 13-4401, of the alleged crime that gave rise to the forfeiture.

E. The court may order the return of money or property sufficient to obtain legal counsel but less than the total amount seized and the court may require an accounting.

F. In lieu of ordering the return of property, the court may order:

1. The state to give security or written assurance for satisfaction of any judgment, including damages, that may be rendered in a related forfeiture action.

2. Any other relief that the court deems to be just.

G. This section does not prevent either of the following:

1. The state from returning any property to the owner of the property.

2. The filing of a racketeering lien pursuant to section 13-2314.02 or a restitution lien pursuant to section 13-806.
A.R.S. § 13-3005 — Arizona Code / Title 13 / Chapter 30 / Section 3005
13-3005 Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions
Status: in_force

13-3005. Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions

A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either:

1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof.

2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion.

3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.

B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which are utilized for wire or electronic communication is guilty of a class 6 felony.
A.R.S. § 13-1212 — Arizona Code / Title 13 / Chapter 12 / Section 1212
13-1212 Prisoner assault with bodily fluids; liability for costs; classification; definition
Status: in_force

13-1212. Prisoner assault with bodily fluids; liability for costs; classification; definition

A. A prisoner commits prisoner assault with bodily fluids if the prisoner throws or projects any bodily fluid at or onto a correctional facility employee or private prison security officer who the prisoner knows or reasonably should know is an employee of a correctional facility or is a private prison security officer.

B. A prisoner who is convicted of a violation of this section is liable for any costs incurred by the correctional facility employee or private prison security officer, including costs incurred for medical expenses or cleaning uniforms.

C. The state department of corrections shall adopt rules for the payment of costs pursuant to subsection B. Monies in the prisoner's trust fund or retention account established by the correctional facility in which the prisoner is incarcerated may be used to pay the costs pursuant to subsection B.

D. A prisoner who violates this section is guilty of a class 6 felony and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the prisoner was confined or to any term of community supervision, probation, parole, work furlough or other release from confinement.

E. For the purposes of this section, "bodily fluids" means saliva, blood, seminal fluid, urine or feces.
A.R.S. § 13-3924 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3924
13-3924 Unlawful procurement of search warrant without probable cause
Status: in_force

13-3924. Unlawful procurement of search warrant without probable cause

A person who, with intent to harass and without probable cause, causes a search warrant to be issued and executed, is guilty of a class 2 misdemeanor.
A.R.S. § 13-3860 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3860
13-3860 Guilt or innocence of accused; when inquired into
Status: in_force

13-3860. Guilt or innocence of accused; when inquired into

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided by this article shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
A.R.S. § 13-3421 — Arizona Code / Title 13 / Chapter 34 / Section 3421
13-3421 Using building for sale or manufacture of dangerous or narcotic drugs; fortification of a building; classification; definitions
Status: in_force

13-3421. Using building for sale or manufacture of dangerous or narcotic drugs; fortification of a building; classification; definitions

A. A person who as a lessee or occupant intentionally uses a building for the purpose of unlawfully selling, manufacturing or distributing any dangerous drug or narcotic drug is guilty of a class 6 felony.

B. A person who as a lessee or occupant of a building and who with the intent to suppress law enforcement entry knowingly fortifies or allows to be fortified the building for the purpose of unlawfully selling, manufacturing or distributing any dangerous drug or narcotic drug is guilty of a class 4 felony.

C. As used in this section:

1. "Building" means any part of a building or structure, including a room, space or enclosure, that may be entered through the same outside entrance.

2. "Fortified" means the use of steel doors, wooden planking, cross bars, alarm systems, dogs or other means to prevent or impede entry into a building or structure.
A.R.S. § 13-819 — Arizona Code / Title 13 / Chapter 8 / Section 819
13-819 Order on writ of garnishment for earnings; continuing lien
Status: in_force

13-819. Order on writ of garnishment for earnings; continuing lien

A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee and the defendant.

B. After service or delivery of the order is made, section 12-1598.10 applies, except that "judgment creditor" includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and "judgment debtor" includes a criminal defendant.

C. Section 12-1598.12 applies to continuing liens for writs of criminal garnishment. Section 12-1598.12 applies to reporting by the party obtaining the writ of criminal garnishment, except that "judgment creditor" includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and "judgment debtor" includes a criminal defendant.
A.R.S. § 13-3989.02 — Arizona Code / Title 13 / Chapter 38 / Article 13 / Section 3989.02
13-3989.02 Admissibility; radio traffic records and recordings; definition
Status: in_force

13-3989.02. Admissibility; radio traffic records and recordings; definition

A. The records and recordings of public safety radio traffic calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form:

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

Signed:__________________ custodian of records.

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

C. This section does not affect the confidentiality of medical records under section 12-2292.

D. For the purposes of this section, "records and recordings" includes radio calls, data compilation from and copies of radio traffic records and recordings and accompanying explanatory materials.
A.R.S. § 13-3601.02 — Arizona Code / Title 13 / Chapter 36 / Section 3601.02
13-3601.02 Aggravated domestic violence; classification; definition
Status: in_force

13-3601.02. Aggravated domestic violence; classification; definition

A. A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a violation of a domestic violence offense and has previously been convicted of any combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.

B. A person who is convicted under this section and who within a period of eighty-four months has been convicted of two prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in jail.

C. A person who is convicted under this section and who within a period of eighty-four months has been convicted of three or more prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in jail.

D. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision in subsection A of this section regardless of the sequence in which the offenses were committed.  For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.

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

F. Aggravated domestic violence is a class 5 felony.

G. For the purposes of this section, "domestic violence offense" means an offense involving domestic violence as defined in section 13-3601.
A.R.S. § 13-818 — Arizona Code / Title 13 / Chapter 8 / Section 818
13-818 Order on writ of garnishment for money or property
Status: in_force

13-818. Order on writ of garnishment for money or property

A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal garnishment that requires the garnishee to immediately transfer the indebtedness or monies to the victim or to the court, the clerk of the court or the prosecuting attorney who is named in the writ of garnishment.

B. If the garnishee's answer shows that the garnishee holds personal property or stock of the defendant, the court shall enter an order against the garnishee to hold the personal property or stock of the defendant pending service of a writ of special execution pursuant to section 12-1554.

C. The party who obtains the writ of garnishment shall deliver a copy of the order on the writ to the garnishee and the defendant.

D. An order that is entered pursuant to subsection A or B of this section shall not order more money, stocks or property transferred than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying criminal restitution order.

E. A bank deposit made in the name of two or more persons is subject to garnishment pursuant to section 12-1595, except that "judgment creditor" includes a victim or the court, the clerk of the court or the prosecuting attorney that obtains the writ of garnishment and "judgment debtor" includes a criminal defendant.
A.R.S. § 13-904 — Arizona Code / Title 13 / Chapter 9 / Section 904
13-904 Suspension of civil rights and occupational disabilities
Status: in_force

13-904. Suspension of civil rights and occupational disabilities

A. A conviction for a felony suspends the following civil rights of the person sentenced:

1. The right to vote.

2. The right to hold public office of trust or profit.

3. The right to serve as a juror.

4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public.

5. The right to possess a firearm.

B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses on the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.

C. A person sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if the person was not convicted and sentenced.

D. The conviction of a person for any offense shall not work forfeiture of any property, except if a forfeiture is expressly imposed by law.  All forfeitures to the state, unless expressly imposed by law, are abolished.

E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions by reason of the prior conviction for a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment sought.

F. Subsection E of this section is not applicable to any law enforcement or probation agency.

G. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41, chapter 6 and title 12, chapter 7, article 6.

H. A person who is adjudicated delinquent under section 8-341 for a felony does not have the right to carry or possess a firearm.
A.R.S. § 13-917 — Arizona Code / Title 13 / Chapter 9 / Section 917
13-917 Modification of supervision
Status: in_force

13-917. Modification of supervision

A. The adult probation officer shall periodically examine the risk and needs of each person granted intensive probation and the risks of modifying the level of supervision of the person. The court or the adult probation officer may at any time modify the level of intensive probation supervision of a person granted intensive probation. The court may transfer the person to standard probation or terminate the period of intensive probation pursuant to section 13-901, subsection E.

B. If a petition to revoke the grant of intensive probation is filed and the court finds that the person has committed an additional felony offense that posed a serious threat or danger to the community, the court shall revoke the grant of intensive probation and impose a term of imprisonment as authorized by law. If the court finds that the person has committed a violation of a condition of intensive probation that posed a serious threat or danger to the community, the court shall revoke the grant of intensive probation and impose a term of imprisonment as authorized by law.  If the court finds that the person has violated any other condition of intensive probation, the court may modify the conditions of intensive probation or may revoke the grant of intensive probation and impose a term of imprisonment as authorized by law.

C. The court shall notify the parties, and the victim on request, of any proposed modification of the terms of a person's intensive probation if that modification will substantially affect the person's contact with or safety of the victim or if the modification involves restitution or incarceration status.
A.R.S. § 13-3702 — Arizona Code / Title 13 / Chapter 37 / Section 3702
13-3702 Defacing or damaging petroglyphs, pictographs, caves or caverns; classification
Status: in_force

13-3702. Defacing or damaging petroglyphs, pictographs, caves or caverns; classification

A. A person commits defacing or damaging petroglyphs, pictographs, caves or caverns if such person knowingly, without the prior written permission of the owner:

1. Breaks, breaks off, cracks, carves upon, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms petroglyphs, pictographs or any natural material found in any cave or cavern; or

2. Kills, harms or disturbs plant or animal life found in any cave or cavern, except for safety reasons; or

3. Disturbs or alters the natural condition of such petroglyph, pictograph, cave or cavern or takes into a cave or cavern any aerosol or other type of container containing paints, dyes or other coloring agents; or

4. Breaks, forces, tampers with, removes or otherwise disturbs a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern whether or not entrance is gained.

B. As used in this section, "natural material" means stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions or other similar crystalline mineral formations found in any cave or cavern.

C. Defacing or damaging petroglyphs, pictographs, caves or caverns is a class 2 misdemeanor.
A.R.S. § 13-3992 — Arizona Code / Title 13 / Chapter 38 / Article 14 / Section 3992
13-3992 Commitment hearing in superior court; jurisdiction; census data collection; deferral
Status: in_force

13-3992. Commitment hearing in superior court; jurisdiction; census data collection; deferral

A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure mental health facility for a period of treatment.

B. If the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall set a hearing within seventy-five days after the person's commitment to determine if the person is entitled to release from confinement or if the person meets the standards for civil commitment pursuant to title 36, chapter 5. The court shall notify the medical director of the secure mental health facility, the victim and the parties of the date of the hearing.  Fourteen days before the hearing, the medical director of the secure mental health facility shall submit a mental health report to the court and the remaining parties addressing whether the person meets the standard for and should be subject to involuntary hospitalization pursuant to title 36, chapter 5.

C. At a hearing held pursuant to subsection B of this section:

1. If the person proves by clear and convincing evidence that the person no longer has a mental disease or defect or that the person still has a mental disease or defect and is not dangerous, the court shall order the person's release and the person's commitment ordered pursuant to section 13-502, subsection D terminates.

2. If the court finds that the person still has a mental disease or defect and may present a threat of danger to self or others or has a grave, persistent or acute disability, the court shall order the county attorney to institute civil commitment proceedings pursuant to title 36, chapter 5 and the person's commitment ordered pursuant to section 13-502, subsection D terminates.

D. If the court finds that the person's act caused the death of or serious physical injury to or the threat of death or serious physical injury to another person, the court shall retain jurisdiction over the person for the entirety of the commitment term. The court shall state the beginning date, length and ending date of the commitment term and the court's jurisdiction over the person. The length of jurisdiction over the person is equal to the sentence the person could have received pursuant to section 13-707 or section 13-751, subsection A or the presumptive sentence the person could have received pursuant to section 13-702, subsection D or section 13-703, 13-704 or 13-705, section 13-706, subsection A or section 13-710 or 13-1406. In making this determination, the court may not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.

E. If a person is found guilty except insane pursuant to section 13-502, the department of health services shall assume custody of the person within ten days after receiving the order committing the person pursuant to subsection A of this section.  The Arizona state hospital shall collect census data for guilty except insane treatment programs to establish maximum funded capacity and the allocation formula required pursuant to section 36-206, subsection D.  If the Arizona state hospital reaches its maximum funded capacity for forensic programs, the department of health services may defer the admission of the person found guilty except insane for up to an additional twenty days.  The department of health services shall reimburse the county for the actual costs of each day the admission is deferred. If the department of health services is not able to admit the person found guilty except insane at the conclusion of the twenty-day deferral period, the department of health services shall notify the sentencing court, the prosecutor and the defense counsel of this fact.  On receipt of this notification, the prosecutor or the person's defense counsel may request a hearing to determine the likely length of time admission will continue to be deferred and whether any other action should be taken. On receipt of the request for hearing, the court shall set a hearing within ten days.

F. The state and the defendant shall provide the secure mental health facility with a copy of the court's commitment order and all documents considered by the court or admitted into evidence, including all medical and mental health reports.
A.R.S. § 13-4136 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4136
13-4136 Remand of prisoner
Status: in_force

13-4136. Remand of prisoner

A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled thereto.

B. Where the party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, he may be committed to the restraint or custody of the person who is by law entitled thereto.
A.R.S. § 13-1816 — Arizona Code / Title 13 / Chapter 18 / Section 1816
13-1816 Unlawful use, possession or removal  of theft detection shielding devices; classification; definition
Status: in_force

13-1816. Unlawful use, possession or removal  of theft detection shielding devices; classification; definition

A. A person commits unlawful use of a theft detection shielding device if the person knowingly manufacturers, sells, offers for sale or distributes in any way a laminated or coated bag or device unique to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

B. A person commits unlawful possession of a theft detection shielding device if, with the intent to commit theft or shoplifting, the person knowingly possesses any laminated or coated bag or device unique to and marketed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.

C. A person commits unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device that is designed to allow the removal of any theft detection device from any merchandise and the person intended to use the tool to remove any theft detection device from any merchandise without the permission of the merchant or person who owns or holds the merchandise.

D. A person commits unlawful removal of a theft detection device if the person intentionally removes the device from merchandise before purchasing that merchandise.

E. A violation of this section is a class 6 felony.

F. For the purposes of this section, "merchant" means a person who offers for sale or exchange at least six like items of new and unused personal property in this state.
A.R.S. § 13-4124 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4124
13-4124 Granting writ; time; bail
Status: in_force

13-4124. Granting writ; time; bail

A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that the writ ought to issue, shall grant it without delay.

B. If the person by or upon whose behalf the application for the writ is made is detained upon a criminal charge, the court or judge may admit him to bail if the offense is bailable, pending determination of the proceeding.
A.R.S. § 13-1410 — Arizona Code / Title 13 / Chapter 14 / Section 1410
13-1410 Molestation of a child; classification
Status: in_force

13-1410. Molestation of a child; classification

A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.

B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-705.
A.R.S. § 13-3856 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3856
13-3856 Bail; in what cases; conditions of bond
Status: in_force

13-3856. Bail; in what cases; conditions of bond

Unless the offense with which the person is charged is an offense that is punishable by death or life imprisonment under the laws of the state in which it was committed, or the person is alleged to have escaped from jail or prison or violated the terms of release following conviction of a crime that is punishable in the state of conviction by imprisonment for a term exceeding one year, a judge or magistrate in this state shall admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as the court deems proper, conditioned on the person's appearance before the court at all times specified by the court, and for the person's surrender, upon the warrant of the governor of this state.  This section does not prevent the immediate service of the governor's warrant that is issued pursuant to section 13-3847.
A.R.S. § 13-2704 — Arizona Code / Title 13 / Chapter 27 / Section 2704
13-2704 Unsworn falsification; classification
Status: in_force

13-2704. Unsworn falsification; classification

A. A person commits unsworn falsification by knowingly:

1. Making any statement that he believes to be false, in regard to a material issue, to a public servant in connection with an application for any benefit, privilege or license.

2. Making any statement that he believes to be false in regard to a material issue to a public servant in connection with any official proceeding as defined in section 13-2801.

B. Unsworn falsification pursuant to paragraph 1, subsection A, is a class 2 misdemeanor. Unsworn falsification pursuant to subsection A, paragraph 2 is a class 1 misdemeanor.
A.R.S. § 13-3512 — Arizona Code / Title 13 / Chapter 35 / Section 3512
13-3512 Obscene or indecent telephone communications to minors for commercial purposes; violation; classification
Status: in_force

13-3512. Obscene or indecent telephone communications to minors for commercial purposes; violation; classification

A. It is unlawful for any person to knowingly make by means of a telephone, directly or by a recording device, any obscene or indecent communication for commercial purposes to any person who is under the age of eighteen years. The communication is unlawful regardless of whether the maker of the communication placed the call.

B. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 13-2705 — Arizona Code / Title 13 / Chapter 27 / Section 2705
13-2705 Perjury by inconsistent statements
Status: in_force

13-2705. Perjury by inconsistent statements

When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.
A.R.S. § 13-2404 — Arizona Code / Title 13 / Chapter 24 / Section 2404
13-2404 Refusing to assist in fire control; classification
Status: in_force

13-2404. Refusing to assist in fire control; classification

A. A person commits refusing to assist in fire control if:

1. Upon a reasonable command by a person reasonably known to be a fireman, such person knowingly refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or

2. Upon command by a person reasonably known to be a fireman or peace officer, such person knowingly disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.

B. In this section, "fireman" means any officer of the fire department, the state forester or his deputies or any other person vested by law with the duty to extinguish fires.

C. A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, if such person acted reasonably under the circumstances known to him at the time.

D. Refusing to assist in fire control is a class 1 misdemeanor.
A.R.S. § 13-4234 — Arizona Code / Title 13 / Chapter 38 / Article 29 / Section 4234
13-4234 Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay
Status: in_force

13-4234. Commencement of proceedings; notice; appointment of counsel for capital defendants; assignment of judge; stay

A. A proceeding is commenced by timely filing a notice of postconviction relief with the clerk of the court in which the conviction occurred. The clerk of the trial court shall provide notice forms for commencement of first and successive postconviction relief proceedings. The notice shall bear the caption of the original criminal action to which it pertains. The notice in successive postconviction relief proceedings shall comply with section 13-4232, subsection B. On receipt of the notice, the clerk of the trial court shall file a copy of the notice in the case file of each original action and promptly send copies to the defendant, the defendant's attorney, if known, the county attorney and the attorney general, noting the date and manner of sending the copies in the record. The state shall notify the victim on request.

B. If an appeal of the defendant's conviction or sentence, or both, is pending, the clerk, within five days after the filing of the notice for postconviction relief, shall send a copy of the notice to the appropriate appellate court, noting the date and manner of sending the copy in the record.

C. In noncapital cases, the notice shall be filed within ninety days after the judgment and sentence are entered or within thirty days after the order and mandate affirming the judgment and sentence is issued on direct appeal, whichever is later. A defendant has sixty days from the filing of the notice in which to file a petition. On the filing of a successive notice, a defendant has thirty days from the filing of the notice in which to file a petition.

D. In capital cases, on the issuance of a mandate affirming the defendant's conviction and sentence on direct appeal, the clerk of the supreme court expeditiously shall file a notice of postconviction relief with the trial court. On the first notice in capital cases, a defendant has sixty days from the filing of the notice in which to file a petition. The supreme court shall appoint counsel pursuant to section 13-4041, subsection B. All indigent state prisoners under a capital sentence are entitled to the appointment of counsel to represent them in state postconviction proceedings. A competent indigent defendant may reject the offer of counsel with an understanding of its legal consequence. On successive notice in capital cases, the trial court shall appoint the previous postconviction relief counsel of the capital defendant unless counsel is waived pursuant to section 13-4041, subsection D or good cause exists to appoint another qualified attorney pursuant to section 13-4041, subsection B. On the filing of a successive notice, a capital defendant or an appointed attorney has thirty days from the filing of the notice in which to file a petition.

E. A defendant who has pled guilty and who is precluded from filing a direct appeal pursuant to section 13-4033 may be granted an additional thirty day extension of time in which to file the petition if the defendant's counsel refuses to raise issues and leaves the defendant insufficient time to file a petition within the time limits.

F. On a specific and detailed showing of good cause, a defendant in a noncapital case may be granted up to a sixty day extension of time in which to file the petition. On a specific and detailed showing of good cause, a defendant in a capital case may be granted one thirty day extension of time in which to file the petition.

G. The time limits are jurisdictional, and an untimely filed notice or petition shall be dismissed with prejudice.

H. If the record of the trial proceeding has not been transcribed, the defendant may request on a form provided by the clerk of the superior court that the record be prepared. The court shall order that those portions of the record be prepared that it deems necessary to resolve the issues to be raised in the petition. The preparation of the record is a county expense if the defendant is indigent. The time for filing the petition is tolled from the time a request for the record is made until the record is prepared or the request is denied.

I. The proceeding shall be assigned to the sentencing judge if it is possible. If it appears that the sentencing judge's testimony is relevant, the sentencing judge shall transfer the case to another judge.

J. If the defendant has received a sentence of death and the supreme court has fixed the time for execution of the sentence, a stay of execution shall not be granted on the filing of a second or subsequent petition except on separate application for a stay to the supreme court setting forth with particularity those issues raised which are not precluded under section 13-4232. The warrant shall not be stayed to allow for the filing of a petition.
A.R.S. § 13-3207 — Arizona Code / Title 13 / Chapter 32 / Section 3207
13-3207 Detention of persons in house of prostitution for debt; classification
Status: in_force

13-3207. Detention of persons in house of prostitution for debt; classification

A person who knowingly detains any person in a house of prostitution because of a debt that person has contracted or is said to have contracted is guilty of a class 5 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
A.R.S. § 13-707 — Arizona Code / Title 13 / Chapter 7 / Section 707
13-707 Misdemeanors; sentencing
Status: in_force

13-707. Misdemeanors; sentencing

A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations:

1. For a class 1 misdemeanor, six months.

2. For a class 2 misdemeanor, four months.

3. For a class 3 misdemeanor, thirty days.

B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions.

C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction.  The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28-1387, subsection A.

D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section.  A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section.

E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served.
A.R.S. § 13-3122 — Arizona Code / Title 13 / Chapter 31 / Section 3122
13-3122 Unlawful use of electronic firearm tracking technology; classification; definitions
Status: in_force

13-3122. Unlawful use of electronic firearm tracking technology; classification; definitions

A. It is unlawful to require a person to use or be subject to electronic firearm tracking technology or to disclose any identifiable information about the person or the person's firearm for the purpose of using electronic firearm tracking technology.

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

1. A criminal justice employee who obtains a search warrant.

2. A pawnbroker or an employee of a pawnshop, secondhand dealer or auction house while the pawnbroker or employee uses electronic firearm tracking technology to report information to the sheriff or the sheriff's designee pursuant to section 44-1625 or a similar reporting requirement.

3. A probation, parole or surveillance officer who supervises a person who is serving a term of probation, community supervision or parole.

4. The owner of a firearm if the owner consents in writing to the use of electronic firearm tracking technology on that owner's firearm.

C. A person who violates this section is guilty of a class 6 felony.

D. For the purposes of this section:

1. "Criminal justice employee" includes a peace officer and a prosecutor and includes any employee of a law enforcement agency who is authorized in the execution of the employee's official duties to use electronic firearm tracking technology or to obtain or disclose any identifiable information about a person or a person's firearm in order to use electronic firearm tracking technology.

2. "Electronic firearm tracking technology" means a platform, system or device or a group of systems or devices that uses a shared ledger, distributed ledger or blockchain technology or any other similar form of technology or electronic database for the purpose of storing information in a decentralized or centralized way, that is not owned or controlled by any single person or entity and that is used to locate or control the use of a firearm.  Electronic firearm tracking technology does not include a law enforcement database, including the adult probation enterprise tracking system, the juvenile online tracking system, the justice web interface, the Arizona criminal justice information system, the national crime information center, the national integrated ballistic information network and a local records management system that is used to manage or process stolen, lost, found, stored or evidentiary firearms.
A.R.S. § 13-1208 — Arizona Code / Title 13 / Chapter 12 / Section 1208
13-1208 Assault; vicious animals; classification; exception; definition
Status: in_force

13-1208. Assault; vicious animals; classification; exception; definition

A. A person who intentionally or knowingly causes any dog to bite and inflict serious physical injury on a human being or otherwise cause serious physical injury to a human being is guilty of a class 3 felony, unless the person would be justified in using physical force or deadly physical force in self-defense or defense of a third person pursuant to chapter 4 of this title.

B. A person who owns a dog that the owner knows or has reason to know has a history of biting or a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and that bites, inflicts physical injury on or attacks a human being while at large is guilty of a class 5 felony.

C. A person who owns or who is responsible for the care of a dog that the owner or responsible person knows or has reason to know has a history of biting or a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and who does not take reasonable care to prohibit the dog from escaping to the outside of a residence or enclosed area, yard or structure is guilty of a class 1 misdemeanor.

D. This section does not apply to dogs that are owned or used by a law enforcement agency and that are used in the performance of police work.

E. For the purposes of this section, "reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.
A.R.S. § 13-3417 — Arizona Code / Title 13 / Chapter 34 / Section 3417
13-3417 Use of wire communication or electronic communication in drug related transactions; classification
Status: in_force

13-3417. Use of wire communication or electronic communication in drug related transactions; classification

A. It is unlawful for a person to use any wire communication or electronic communication as defined in section  13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title.

B. Any offense committed by use of a wire communication or electronic communication as set forth in this section is deemed to have been committed at the place where the transmission or transmissions originated or at the place where the transmission or transmissions were received.

C. A person who violates this section is guilty of a class 4 felony except if the felony facilitated carries a class 5 or 6 designation in which case a violation of this section shall carry the same classification as the felony facilitated.
A.R.S. § 13-4066 — Arizona Code / Title 13 / Chapter 38 / Article 20 / Section 4066
13-4066 Privileged communication; sex offender treatment; exception
Status: in_force

13-4066. Privileged communication; sex offender treatment; exception

A. Any statement that is made by a person who undergoes sex offender treatment that is ordered by the court or that is provided by the state department of corrections or the department of juvenile corrections to a person who is convicted of an offense listed in chapter 14 or 35.1 of this title and any evidence that results from that treatment is not admissible against the person in any criminal or juvenile delinquency proceeding unless the person consents, except that the statement or evidence may be used pursuant to rule 404 (b) and (c), Arizona rules of evidence.

B. This section does not apply if there is a reasonable belief that the person has committed a new violation of chapter 14 or 35.1 of this title during the course of the person's treatment.  A treatment provider who complies with this subsection does not violate any privilege established by law.
A.R.S. § 13-901.01 — Arizona Code / Title 13 / Chapter 9 / Section 901.01
13-901.01 Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition
Status: in_force

13-901.01. Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition

(Caution:  1998 Prop. 105 applies)

A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation. The court shall suspend the imposition or execution of sentence and place the person on probation.

B. Any person who has been convicted of or indicted for a violent crime as defined in section 13-901.03 is not eligible for probation as provided for in this section but instead shall be sentenced pursuant to chapter 34 of this title.

C. Personal possession or use of a controlled substance pursuant to this section shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance.

D. If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court shall require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program shall be required to pay for participation in the program to the extent of the person's financial ability.

E. A person who has been placed on probation pursuant to this section and who is determined by the court to be in violation of probation shall have new conditions of probation established by the court. The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except that the court shall not impose a term of incarceration unless the court determines that the person violated probation by committing an offense listed in chapter 34 or 34.1 of this title or an act in violation of an order of the court relating to drug treatment.

F. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.

G. At any time while the defendant is on probation, if after having a reasonable opportunity to do so the defendant fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the defendant's probation.  If the court finds that the defendant refused to participate in drug treatment, the defendant shall no longer be eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title.

H. A person is not eligible for probation under this section but instead shall be sentenced pursuant to chapter 34 of this title if the court finds the person either:

1. Had been convicted three times of personal possession of a controlled substance or drug paraphernalia.

2. Refused drug treatment as a term of probation.

3. Rejected probation.

4. Was convicted of the personal possession or use of a controlled substance or drug paraphernalia and the offense involved methamphetamine.

I. Subsections G and H of this section do not prohibit the defendant from being placed on probation pursuant to section 13-901 if the defendant otherwise qualifies for probation under that section.

J. For the purposes of this section, "controlled substance" has the same meaning prescribed in section 36-2501.
A.R.S. § 13-3899 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3899
13-3899 Complaint need not be verified
Status: in_force

13-3899. Complaint need not be verified

A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of section 13-3898, or filed with the magistrate under the provisions of section 13-3903 need not be sworn to if they contain a form of certification by the arresting officer in substance as follows: "I hereby certify that I have reasonable grounds to believe and do believe that the person cited herein committed the offense described herein contrary to law."

B. A false certification under the provisions of subsection A of this section shall constitute perjury.
A.R.S. § 13-1508 — Arizona Code / Title 13 / Chapter 15 / Section 1508
13-1508 Burglary in the first degree; classification
Status: in_force

13-1508. Burglary in the first degree; classification

A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.

B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.
A.R.S. § 13-2903 — Arizona Code / Title 13 / Chapter 29 / Section 2903
13-2903 Riot; classification
Status: in_force

13-2903. Riot; classification

A. A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace.

B. Riot is a class 5 felony.
A.R.S. § 13-4063 — Arizona Code / Title 13 / Chapter 38 / Article 20 / Section 4063
13-4063 Competency of female concerned in certain offenses; effect of marriage to accused
Status: in_force

13-4063. Competency of female concerned in certain offenses; effect of marriage to accused

In a prosecution for rape, abduction, seduction, pandering, receiving earnings of a prostitute, transporting a female for immoral purposes, forcing a woman to marry, defiling a woman, inveigling or enticing a female into a house of ill-fame or to have illicit carnal relation with a man, the female concerned in the offense is a competent witness to testify to any and all matters, including conversations with the accused, or by him with third persons in her presence, notwithstanding her having married the accused either before or after the commission of the offense charged.
A.R.S. § 13-4517 — Arizona Code / Title 13 / Chapter 41 / Section 4517
13-4517 Incompetent defendants; disposition; evaluator costs
Status: in_force

13-4517. Incompetent defendants; disposition; evaluator costs

A. If the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency, any party may request that the court:

1. Remand the defendant to an evaluating agency for the institution of civil commitment proceedings pursuant to title 36, chapter 5. If the defendant is remanded, the prosecutor shall file a petition for evaluation and provide any known criminal history for the defendant.

2. Appoint a guardian ad litem to investigate whether the defendant is or may be in need of a guardian, a conservator or any other protective order pursuant to title 14, chapter 5.

3. Release the defendant from custody and dismiss the charges against the defendant without prejudice.

4. If the defendant is charged with a serious offense as defined in section 13-706, order a trial to determine if the defendant is dangerous and should be involuntarily committed pursuant to section 13-4521. If the defendant is not represented by an attorney and is indigent, the court shall appoint an attorney to represent the defendant in all proceedings under section 13-4521 and any further proceedings under title 36, chapter 40.

B. If the court enters an order pursuant to subsection A, paragraph 1, 2 or 4 of this section, the court may also order an assessment of the defendant's eligibility for private insurance or public benefits that may be applied to the expenses of the defendant's medically necessary maintenance and treatment, including services pursuant to title 36, chapter 29, state-only behavioral health services, title XVIII services and Medicare part D prescription drug benefits, supplemental security income and supplemental security disability income.

C. The court may retain jurisdiction over the defendant until the defendant is committed for treatment pursuant to section 13-4521 or title 36, chapter 5 or a guardian is appointed pursuant to title 14, chapter 5.

D. If the court remands the defendant for the institution of civil commitment proceedings pursuant to title 36, chapter 5 and the court is notified that the defendant has not had a civil commitment evaluation or if the court enters an order pursuant to subsection A, paragraph 4 of this section, the court, if it has retained jurisdiction, may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.

E. If the court is notified that the defendant has not been ordered into treatment pursuant to title 36, chapter 5 and the court has retained jurisdiction, the court may order the sheriff to take the defendant into custody so that the court may explore options pursuant to subsection A, paragraph 2, 3 or 4 of this section.

F. A guardian ad litem who is appointed pursuant to this section and who determines that protective action is appropriate shall initiate and prosecute proceedings for the appointment of a guardian, a conservator or any other protective order pursuant to title 14, chapter 5.  The court, on the request of the guardian ad litem or on its own motion, may order an independent evaluation of the defendant by a licensed physician, a licensed psychologist or a registered nurse to assess whether the defendant is an incapacitated person as defined in section 14-5101 or is a person in need of protection as prescribed in section 14-5401, subsection A, paragraph 2.

G. A guardian ad litem and any other evaluator who is appointed pursuant to this section is entitled to reasonable compensation for the work performed as a guardian ad litem or evaluator.  If the defendant is indigent, the court may order the reasonable compensation to be a county expense.
A.R.S. § 13-4036 — Arizona Code / Title 13 / Chapter 38 / Article 18 / Section 4036
13-4036 Power of supreme court on appeal from judgment of conviction
Status: in_force

13-4036. Power of supreme court on appeal from judgment of conviction

The supreme court may reverse, affirm or modify the judgment appealed from, and may grant a new trial or render any judgment or make any order which is consistent with the justice and the rights of the state and the defendant. On an appeal from an order made after judgment, it may set aside, affirm or modify the order or any proceeding subsequent to or dependent upon such order.
A.R.S. § 13-3555 — Arizona Code / Title 13 / Chapter 35.1 / Section 3555
13-3555 Portraying adult as minor; classification
Status: in_force

13-3555. Portraying adult as minor; classification

A. It is unlawful for any person depicted in a visual depiction or live act as a participant in any exploitive exhibition or sexual conduct to masquerade as a minor.

B. It is unlawful for any person knowingly to produce, record, film, photograph, develop, duplicate, distribute, transport, exhibit, electronically transmit, sell, purchase or exchange any visual depiction whose text, title or visual representation depicts a participant in any exploitive exhibition or sexual conduct as a minor even though any such participant is an adult.

C. Any person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-4313 — Arizona Code / Title 13 / Chapter 39 / Section 4313
13-4313 Supplemental remedies
Status: in_force

13-4313. Supplemental remedies

A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to the value of the claimant's or defendant's property that the court finds is subject to forfeiture if any of the following circumstances apply to the property:

1. It cannot be located.

2. It has been transferred or conveyed to, sold to or deposited with a third party.

3. It has been placed beyond the jurisdiction of the court.

4. It has been substantially diminished in value by any act or omission of the defendant.

5. It has been commingled with other property which cannot be divided without difficulty.

6. It is subject to any interest that is exempt from forfeiture.

B. In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the court, concealed or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the state may institute an action in superior court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding under this chapter is pending, the action shall be filed only in the court where the civil proceeding is pending.

C. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under this title or appropriate to protect the interests of the state or available under other applicable law, including title 44, chapter 8, article 1.
A.R.S. § 13-3015 — Arizona Code / Title 13 / Chapter 30 / Section 3015
13-3015 Emergency interception
Status: in_force

13-3015. Emergency interception

A. Notwithstanding any other provision of this chapter, if the attorney general or a county attorney or such prosecuting attorneys as they may designate in writing reasonably determines that an emergency situation exists involving immediate danger of death or serious physical injury to any person, and that such death or serious physical injury may be averted by interception of wire, electronic or oral communications before an order authorizing such interception can be obtained, the attorney general or a county attorney or his designee may specially authorize a peace officer or law enforcement agency to intercept such wire, electronic or oral communications.

B. The attorney general or county attorney or his designee specially authorizing an emergency interception pursuant to subsection A of this section shall apply for an order authorizing the interception, in accordance with the provisions of section 13-3010. The application shall be made as soon as practicable, and in no event later than forty-eight hours after commencement of the emergency interception. The application shall include an explanation and summary of any interception of communications occurring before the application for authorization.

C. If the prosecuting attorney fails to obtain an authorization within forty-eight hours after commencement of the emergency interception, or if authorization to intercept communications is denied, the interception shall immediately terminate and any communications intercepted without judicial authorization may not be used as evidence in any criminal or civil proceeding against any person. In either event, the prosecuting attorney shall furnish to the court an inventory of any communications intercepted, for service pursuant to the provisions of section 13-3010, subsection I. The provisions of this subsection do not prohibit the use as evidence of any communications intercepted without judicial authorization against the persons conducting or authorizing the interceptions if such interceptions were not made in good faith reliance on this section.
A.R.S. § 13-2410 — Arizona Code / Title 13 / Chapter 24 / Section 2410
13-2410 Obstructing officer from collecting public money; classification
Status: in_force

13-2410. Obstructing officer from collecting public money; classification

A person who knowingly obstructs or hinders a public officer from collecting revenue, taxes or other money in which this state or a county, city or town has an interest and that the officer is authorized to collect by law is guilty of a class 2 misdemeanor.
A.R.S. § 13-4410 — Arizona Code / Title 13 / Chapter 40 / Section 4410
13-4410 Notice of conviction, acquittal or dismissal; impact statement
Status: in_force

13-4410. Notice of conviction, acquittal or dismissal; impact statement

A. The prosecutor's office, on request, shall give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges against the defendant notice of the criminal offense for which the defendant was convicted or acquitted or the dismissal of the charges against the defendant.

B. If the defendant is convicted and the victim has requested notice, the victim shall be notified, if applicable, of:

1. The function of the presentence report.

2. The name and telephone number of the probation department that is preparing the presentence report.

3. The right to make a victim impact statement under section 13-4424.

4. The defendant's right to view the presentence report.

5. The victim's right to view the presentence report except those parts excised by the court or made confidential by law and, on request, to receive a copy from the prosecutor.

6. The right to be present and be heard at any presentence or sentencing proceeding pursuant to section 13-4426.

7. The time, place and date of the sentencing proceeding.

8. If the court orders restitution, the right to:

(a) File a restitution lien pursuant to section 13-806.

(b) Request a copy of the defendant's restitution payment history from the clerk of the court pursuant to section 13-810 or 31-412.

C. The victim shall be informed that the victim's impact statement may include the following:

1. An explanation of the nature and extent of any physical, psychological or emotional harm or trauma suffered by the victim.

2. An explanation of the extent of any economic loss or property damage suffered by the victim.

3. An opinion of the need for and extent of restitution.

4. Whether the victim has applied for or received any compensation for the loss or damage.

D. Notice provided pursuant to this section does not remove the probation department's responsibility pursuant to section 12-253 to initiate the contact between the victim and the probation department concerning the victim's economic, physical, psychological or emotional harm. At the time of contact, the probation department shall advise the victim of the date, time and place of sentencing and of the victim's right to be present and be heard at that proceeding.
A.R.S. § 13-3009 — Arizona Code / Title 13 / Chapter 30 / Section 3009
13-3009 Duty to report to law enforcement officers; classification
Status: in_force

13-3009. Duty to report to law enforcement officers; classification

It shall be the duty of every communications service provider and its officers and employees to report any violation of sections 13-3005, 13-3006 and 13-3008 coming within their knowledge to the county attorney having jurisdiction and to the attorney general. Any intentional violation of this section is a class 3 misdemeanor.
A.R.S. § 13-4429 — Arizona Code / Title 13 / Chapter 40 / Section 4429
13-4429 Return of victim's property; release of evidence
Status: in_force

13-4429. Return of victim's property; release of evidence

A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.

B. If the victim's property has been admitted as evidence during a trial or hearing, the court may order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the defendant's attorney or investigator may inspect and independently photograph the evidence before it is released.
A.R.S. § 13-3898 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3898
13-3898 Arrest without warrant; magistrate; complaint
Status: in_force

13-3898. Arrest without warrant; magistrate; complaint

A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or, if the offense that the person is being arrested for was committed in another county, before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.

B. Subsection A of this section does not apply if the person making the arrest is a peace officer and decides to proceed under the provisions of section 13-3903.
A.R.S. § 13-2926 — Arizona Code / Title 13 / Chapter 29 / Section 2926
13-2926 Abandonment or concealment of a dead body; classification
Status: in_force

13-2926. Abandonment or concealment of a dead body; classification

A. It is unlawful for a person to knowingly move a dead human body or parts of a human body with the intent to abandon or conceal the dead human body or parts.

B. This section does not apply to the disposition, transportation or other handling of dead human remains for any purpose authorized under title 32, chapter 12, title 32, chapter 20, article 6 and title 36, chapters 3 and 7.

C. A person who violates this section is guilty of a class 5 felony.
A.R.S. § 13-3210 — Arizona Code / Title 13 / Chapter 32 / Section 3210
13-3210 Transporting persons for purpose of prostitution or other immoral purpose; classification; venue
Status: in_force

13-3210. Transporting persons for purpose of prostitution or other immoral purpose; classification; venue

A person knowingly transporting by any means of conveyance, through or across this state, any other person for the purposes of prostitution or concubinage, or for any other immoral purposes, is guilty of a class 5 felony. The prosecution of such person may be in any county in which such person is apprehended.
A.R.S. § 13-4433 — Arizona Code / Title 13 / Chapter 40 / Section 4433
13-4433 Victim's right to refuse an interview; applicability
Status: in_force

13-4433. Victim's right to refuse an interview; applicability

A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense witnessed by the victim and that occurred on the same occasion as the offense against the victim, or filed in the same indictment or information or consolidated for trial, that is conducted by the defendant, the defendant's attorney or an agent of the defendant.

B. The defendant, the defendant's attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor's office. The prosecutor's office shall promptly inform the victim of the defendant's request for an interview and shall advise the victim of the victim's right to refuse the interview.

C. The prosecutor shall not be required to forward any correspondence from the defendant, the defendant's attorney or an agent of the defendant to the victim or the victim's representative.

D. If the victim consents to an interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the time and place the victim has selected for the interview.  If the victim wishes to impose other conditions on the interview, the prosecutor's office shall inform the defendant, the defendant's attorney or an agent of the defendant of the conditions. The victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation or abuse and, pursuant to that standing, may seek any appropriate protective court order.

E. Unless otherwise directed by the victim, the prosecutor may attend all interviews. If a transcript or tape recording of the interview is made and on request of the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording at the prosecutor's expense.

F. If the defendant or the defendant's attorney comments at trial on the victim's refusal to be interviewed, the court shall instruct the jury that the victim has the right to refuse an interview under the Arizona Constitution.

G. This section applies to the parent or legal guardian of a minor child who exercises victims' rights on behalf of the minor child. Notwithstanding subsection E of this section, the defendant, the defendant's attorney or an agent of the defendant may not interview a minor child who has agreed to an interview, even if the minor child's parent or legal guardian initiates contact with the defendant, the defendant's attorney or an agent of the defendant, unless the prosecutor has actual notice at least five days in advance and the minor child is informed that the prosecutor may be present at the interview.

H. Except in cases involving a dismissal with prejudice or an acquittal, the right of a victim and a victim's representative to refuse an interview, a deposition or any other discovery request related to the criminal case involving the victim by the defendant, the defendant's attorney or any other person acting on behalf of the defendant remains enforceable beyond a final disposition of the charges.  This subsection does not require any other right enumerated in article II, section 2.1, Constitution of Arizona, to remain enforceable beyond a final disposition as prescribed in section 13-4402, subsection A.
A.R.S. § 13-3857 — Arizona Code / Title 13 / Chapter 38 / Article 5 / Section 3857
13-3857 If no arrest made on governor's warrant before the time specified
Status: in_force

13-3857. If no arrest made on governor's warrant before the time specified

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the complaint, bond or undertaking, the judge or magistrate may discharge him or may recommit him to a further day, not to exceed sixty days, or may again take bail for his appearance and surrender as provided in section 13-3856, and at the expiration of the second period of commitment, or if he has been bailed and appeared according to the terms of his bond or undertaking, the judge or magistrate may either discharge him, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day.
A.R.S. § 13-907 — Arizona Code / Title 13 / Chapter 9 / Section 907
13-907 Automatic restoration of civil rights for first offenders; firearm rights
Status: in_force

13-907. Automatic restoration of civil rights for first offenders; firearm rights

A. On completion of probation for an offense committed in this state or absolute discharge from imprisonment, any person who has not previously been convicted of a felony offense shall automatically be restored any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed.  A person who is entitled to the restoration of any civil rights pursuant to this subsection is not required to file an application pursuant to section 13-908, except that if the person does file an application, the court shall grant the application without receiving a response from the state or holding a hearing.

B. On completion of probation for an offense committed outside the jurisdiction of this state or absolute discharge from a prison in another state or the federal bureau of prisons, a person who has not previously been convicted of a felony offense is eligible for automatic restoration of any civil rights that were lost or suspended as a result of the conviction if the person pays all victim restitution imposed.  A person who is entitled to the restoration of any civil rights pursuant to this subsection shall file an application pursuant to section 13-908, and the court shall grant the application without receiving a response from the state or holding a hearing.

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

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

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

D. If the person is not entitled to the automatic restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910.
A.R.S. § 13-3704 — Arizona Code / Title 13 / Chapter 37 / Section 3704
13-3704 Adding poison or other harmful substance to food, drink or medicine; classification
Status: in_force

13-3704. Adding poison or other harmful substance to food, drink or medicine; classification

A. A person commits adding poison or another harmful substance to water, food, drink or medicine if the person intends to harm another human being and the person knowingly:

1. Introduces, adds or mingles any poison, bacterium, virus or chemical compound into any spring, well or reservoir of water to be taken by a human being.

2. Introduces, adds or mingles any poison, bacterium, virus or chemical compound  with any water, food, drink, medicine or other product to be taken by a human being or applied to the body.

3. Places a needle, razor blade or any other harmful object or substance in any water, food, drink or medicine to be taken by a human being.

B. A violation of this section is a class 6 felony.
A.R.S. § 13-4412 — Arizona Code / Title 13 / Chapter 40 / Section 4412
13-4412 Notice of release or escape
Status: in_force

13-4412. Notice of release or escape

A. The sheriff or municipal jailer, on request, shall notify the victim and the prosecutor's office of the release of the accused.

B. The custodial agency shall immediately give notice to a victim and the prosecutor's office of an escape by, and again on the subsequent rearrest of, an incarcerated person who is accused or convicted of committing a criminal offense against the victim. The custodial agency shall give notice by any reasonable means.
A.R.S. § 13-4422 — Arizona Code / Title 13 / Chapter 40 / Section 4422
13-4422 Post-arrest custody decisions
Status: in_force

13-4422. Post-arrest custody decisions

The victim has the right to be heard at any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release.
A.R.S. § 13-4096 — Arizona Code / Title 13 / Chapter 38 / Article 23 / Section 4096
13-4096 Short title
Status: in_force

13-4096. Short title

This article may be cited as the uniform act to secure the attendance of witnesses from without a state in criminal proceedings.
A.R.S. § 13-3925 — Arizona Code / Title 13 / Chapter 38 / Article 8 / Section 3925
13-3925 Unlawful search or seizure; admissibility of evidence; definitions
Status: in_force

13-3925. Unlawful search or seizure; admissibility of evidence; definitions

A. Any evidence that is seized pursuant to a search warrant shall not be suppressed as a result of a violation of this chapter except as required by the United States Constitution and the constitution of this state.

B. If a party in a criminal proceeding seeks to exclude evidence from the trier of fact because of the conduct of a peace officer in obtaining the evidence, the proponent of the evidence may urge that the peace officer's conduct was taken in a reasonable, good faith belief that the conduct was proper and that the evidence discovered should not be kept from the trier of fact if otherwise admissible.

C. The trial court shall not suppress evidence that is otherwise admissible in a criminal proceeding if the court determines that the evidence was seized by a peace officer as a result of a good faith mistake or technical violation.

D. This section does not limit the enforcement of any appropriate civil remedy or criminal penalty in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure.

E. This section does not apply to unlawful electronic eavesdropping or wiretapping.

F. For the purposes of this section:

1. "Good faith mistake" means a reasonable judgmental error concerning the existence of facts that if true would be sufficient to constitute probable cause.

2. "Technical violation" means a reasonable good faith reliance on:

(a) A statute that is subsequently ruled unconstitutional.

(b) A warrant that is later invalidated due to a good faith mistake.

(c) A controlling court precedent that is later overruled, unless the court overruling the precedent orders the new precedent to be applied retroactively.
A.R.S. § 13-3019 — Arizona Code / Title 13 / Chapter 30 / Section 3019
13-3019 Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions
Status: in_force

13-3019. Surreptitious photographing, videotaping, filming or digitally recording or viewing; exemptions; classification; definitions

A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without a device, another person without that person's consent under either of the following circumstances:

1. In a restroom, bathroom, locker room, bedroom or other location where the person has a reasonable expectation of privacy and the person is urinating, defecating, dressing, undressing, nude or involved in sexual intercourse or sexual contact.

2. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.

B. It is unlawful to disclose, display, distribute or publish a photograph, videotape, film or digital recording made in violation of subsection A of this section without the consent or knowledge of the person depicted.

C. This section does not apply to:

1. Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy.

2. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison.

3. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful.

4. The use of a child monitoring device as defined in section 13-3001.

D. A violation of subsection A or B of this section is a class 5 felony.

E. Notwithstanding subsection D of this section, a violation of subsection A or B of this section that does not involve the use of a device is a class 6 felony, except that a second or subsequent violation of subsection A or B of this section that does not involve the use of a device is a class 5 felony.

F. Notwithstanding subsection D of this section, a violation of subsection B of this section is a class 4 felony if the person depicted is recognizable.

G. For the purposes of this section, "sexual contact" and "sexual intercourse" have the same meanings prescribed in section 13-1401.
A.R.S. § 13-610 — Arizona Code / Title 13 / Chapter 6 / Section 610
13-610 DNA testing
Status: in_force

13-610. DNA testing

A. Within thirty days after a person is sentenced to the state department of corrections or a person who is accepted under the interstate compact for the supervision of parolees and probationers arrives in this state, the state department of corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense listed in this section and was sentenced to a term of imprisonment or was convicted of any offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and the person is under the supervision of the state department of corrections. The state department of corrections shall transmit the sample to the department of public safety.

B. Within thirty days after a person is placed on probation and sentenced to a term of incarceration in a county jail detention facility or is detained in a county juvenile detention facility, the county detention facility shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section.  The county detention facility shall transmit the sample to the department of public safety.

C. Within thirty days after a person is convicted and placed on probation without a term of incarceration or adjudicated delinquent and placed on probation, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of or adjudicated delinquent for an offense listed in this section. The county probation department shall transmit the sample to the department of public safety.

D. Within thirty days after the arrival of a person who is accepted under the interstate compact for the supervision of parolees and probationers and who is under the supervision of a county probation department, the county probation department shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the person if the person was convicted of an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section and was sentenced to a term of probation. The county probation department shall transmit the sample to the department of public safety.

E. Within thirty days after a juvenile is committed to the department of juvenile corrections, the department of juvenile corrections shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from the youth if the youth was adjudicated delinquent for an offense listed in this section and was committed to a secure care facility.  The department of juvenile corrections shall transmit the sample to the department of public safety.

F. Within thirty days after the arrival in this state of a juvenile who is accepted by the department of juvenile corrections pursuant to the interstate compact on juveniles and who was adjudicated for an offense that was committed in another jurisdiction that if committed in this state would be a violation of any offense listed in this section, the compact administrator shall request that the sending state impose as a condition of supervision that the juvenile submit a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing.  If the sending state does not impose that condition, the department of juvenile corrections shall request a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing within thirty days after the juvenile's arrival in this state.  The department of juvenile corrections shall transmit the sample to the department of public safety.

G. Notwithstanding subsections A through F, K, L and O of this section, the agency that is responsible for securing a sample pursuant to this section shall not secure the sample if the scientific criminal analysis section of the department of public safety has previously received and is maintaining a sample sufficient for deoxyribonucleic acid testing.

H. The department of public safety shall do all of the following:

1. Conduct or oversee through mutual agreement an analysis of the samples that it receives pursuant to subsections K, L and O of this section.

2. Make and maintain a report of the results of each deoxyribonucleic acid analysis.

3. Maintain samples of blood and other bodily substances for at least thirty-five years.

I. Any sample and the result of any test that is obtained pursuant to this section or section 8-238 may be used only as follows:

1. For law enforcement identification purposes.

2. In a proceeding in a criminal prosecution or juvenile adjudication.

3. In a proceeding under title 36, chapter 37.

J. If the conviction or adjudication of a person who is subject to this section or section 8-238 is overturned on appeal or postconviction relief and a final mandate has been issued, on petition of the person to the superior court in the county in which the conviction occurred, the court shall order that the person's deoxyribonucleic acid profile resulting from that conviction or adjudication be expunged from the Arizona deoxyribonucleic acid identification system established by section 41-2418 unless the person has been convicted or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section.

K. If a person is arrested for any offense listed in subsection O, paragraph 3 of this section and is transferred by the arresting authority to a state, county or local law enforcement agency or jail, the arresting authority or its designee shall secure a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction from the person for the purpose of determining identification characteristics.  The arresting authority or its designee shall transmit the sample to the department of public safety.

L. A person who is charged with a felony or misdemeanor offense listed in subsection O, paragraph 3 of this section and who is summoned to appear in court for an initial appearance shall report within five days of release on bail or on the person's own recognizance to the law enforcement agency that investigated the person or its designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction.  The arresting authority or its designee shall transmit the sample to the department of public safety.

M. A person who is subject to subsection K or L of this section or section 8-238 may petition the superior court in the county in which the arrest occurred or the criminal charge was filed to order that the person's deoxyribonucleic acid profile and sample be expunged from the Arizona deoxyribonucleic acid identification system, unless the person has been arrested, charged with or convicted of or adjudicated delinquent of another offense that would require the person to submit to deoxyribonucleic acid testing pursuant to this section, if any of the following applies:

1. The criminal charges are not filed within the applicable period prescribed by section 13-107.

2. The criminal charges are dismissed.

3. The person is acquitted at trial.

N. If any sample that is submitted to the department of public safety under this section or section 8-238 is found to be unacceptable for analysis and use or cannot be used by the department, the department shall require that another sample of blood or other bodily substances be secured pursuant to this section.

O. This section applies to persons who are:

1. Convicted of any felony offense.

2. Adjudicated delinquent for any of the following offenses:

(a) A violation or an attempt to violate any offense in chapter 11 of this title, any felony offense in chapter 14 or 35.1 of this title or section 13-1507, 13-1508 or 13-3608.

(b) Any offense for which a person is required to register pursuant to section 13-3821.

(c) A violation of any felony offense in chapter 34 of this title that may be prosecuted pursuant to section 13-501, subsection B, paragraph 2.

(d) A violation of any felony offense that is listed in section 13-501.

3. Arrested for a violation of any offense in chapter 11 of this title, a violation of section 13-1402, 13-1403, 13-1404, 13-1405, 13-1406, 13-1410, 13-1411, 13-1417, 13-1507, 13-1508, 13-3208, 13-3214, 13-3555 or 13-3608 or a violation of any serious offense as defined in section 13-706 that is a dangerous offense.
A.R.S. § 13-2509 — Arizona Code / Title 13 / Chapter 25 / Section 2509
13-2509 Resisting an order directing, regulating or controlling motor vehicle; classification
Status: in_force

13-2509. Resisting an order directing, regulating or controlling motor vehicle; classification

A. A person commits resisting an order directing, regulating or controlling a motor vehicle by knowingly failing to obey an order of a person reasonably known to him to be a peace officer, acting under color of such officer's official authority, directing, regulating or controlling his vehicle.

B. Resisting an order directing, regulating or controlling a motor vehicle is a class 2 misdemeanor.
A.R.S. § 13-3010 — Arizona Code / Title 13 / Chapter 30 / Section 3010
13-3010 Ex parte order for interception; definition
Status: in_force

13-3010. Ex parte order for interception; definition

A.  On application of a county attorney, the attorney general or a prosecuting attorney whom a county attorney or the attorney general designates in writing, any justice of the supreme court, judge of the court of appeals or superior court judge may issue an ex parte order for the interception of wire, electronic or oral communications if there is probable cause to believe both:

1. A crime has been, is being or is about to be committed.

2. Evidence of that crime or the location of a fugitive from justice from that crime may be obtained by the interception.

B. An application under subsection A shall be made in writing and upon the oath or affirmation of the applicant.  It shall include:

1. The name and title of the applicant.

2. A full and complete statement of the facts and circumstances relied upon by the applicant, including the supporting oath or affirmation of the investigating peace officer of this state or any political subdivision of this state to justify the officer's belief that an order should be issued.  The statement shall include:

(a) Details as to the particular crime that has been, is being or is about to be committed.

(b) The identity of the person, if known, committing the offense and whose communications are to be intercepted.

(c) A particular description of the type of communications sought to be intercepted.

(d) A particular description of the nature, identification and location of the communication facility from which or the place where the communication is to be intercepted.  If the identification or specific description of the communication facility from which or the place where the communication is to be intercepted is not practical, the affidavit in support of the application must state why:

(i) Specification is impractical.

(ii) Interception from any facility or at any place where the communication may occur is necessary.

3. A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

4. A statement of the period of time for which the interception is required to be maintained.  If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, the statement shall include a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the communication has been first obtained.

5. A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each application.

6. If the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

C. Upon proper application, a judge may enter an ex parte order authorizing interception, as requested or with any appropriate modifications, if the judge determines on the basis of the facts submitted by the applicant that:

1. There is probable cause to believe that a person is committing, has committed or is about to commit a particular crime.

2. There is probable cause to believe that particular communications concerning that offense will be obtained through the interception.

3. Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.

4. There is probable cause to believe any of the following:

(a) Wire or electronic communications concerning the offense are being made or are about to be made by the person over the communication facilities for which interception authority is granted.

(b) Oral communications concerning the offense are being made or are about to be made by the person in the location for which interception authority is granted.

(c) Communications concerning the offense are being made or are about to be made by the person in different and changing locations, or from different and changing facilities.

D. Each order authorizing the interception of any wire, electronic or oral communication shall specify all of the following:

1. The identity of the person, if known, whose communications are to be intercepted.

2. The nature and location of the communication facilities as to which or the place where authority to intercept is granted. If authority is granted to intercept communications of a person wherever that person is located or from whatever communication facility is used, the order shall so state and shall include any limitations imposed by the authorizing judge as to location, time or manner of the interception.  The order shall state that the interception shall not begin until the facilities from which or the place where the communication is to be intercepted is ascertained by the person implementing the interception order.

3. A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates.

4. The identity of the agency authorized to intercept the communications and of the person authorizing the application.

5. The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

6. That the authorization for interception be executed as soon as practicable, that it be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this section and that it terminate upon attainment of the authorized objective or on the date specified, whichever comes first.

7. That entry may be made to service, install or remove interception devices or equipment if entry is necessary to effect the interception.

E. An order that is entered under this section may not authorize the interception of any wire or oral communication for any period that is longer than is necessary to achieve the objective of the authorization and that exceeds thirty days.  This thirty day period begins on the earlier of the day on which the interception actually begins under the order or ten days after the order is signed.  The court may grant extensions of any order if an application for an extension is made pursuant to subsection A and the court makes the findings required by subsection C.  The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and shall not exceed thirty days.

F. Any ex parte order for interception, together with the papers on which the application was based, shall be delivered to and retained by the applicant during the duration of the interception as authority for the interception authorized in the order.  The justice or judge issuing the order shall retain a true copy of the order at all times.

G. Within ten days after the termination of the authorized interception, applications made and orders granted under this section shall be returned to and sealed by the judge.  Custody of the applications and orders shall be wherever the judge directs.  The applications and orders shall be disclosed only on a showing of good cause before a judge of competent jurisdiction or as otherwise provided.

H. If possible, the contents of any communication that is intercepted by any means authorized by this section shall be recorded on any tape, electronic, wire or other comparable device.  The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such a way as will protect the recording from editing or alterations.  Within ten days after the termination of the authorized interception, the recordings shall be made available to the judge who issued the order and shall be sealed under the judge's directions.  Custody of the recordings shall be maintained pursuant to court order.  The recordings shall be kept for ten years and shall not be destroyed except on an order of the issuing judge or another judge of competent jurisdiction.

I. Within ninety days after an application under subsection A is denied, or the period of an order or any extension expires, the issuing or denying judge shall serve the persons named in the order or application and any other parties to the intercepted communications as the judge may determine the interests of justice require with an inventory, including notice of all of the following:

1. The fact of the entry of the order or the application.

2. The date of the entry and the period of authorized interception, or the denial of the application.

3. The fact that during the period of authorized interception wire, electronic or oral communications were or were not intercepted.  On motion, the judge may make available to the person or the person's attorney for inspection such portions of the intercepted communications, applications and order as the judge determines to be in the interest of justice.  On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed.

J. On request of the applicant, any order authorizing interception shall direct that the communication service provider, landlords, custodians or other persons furnish the applicant with all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that these persons are according the person whose communications are to be intercepted.

K. The order may require written reports to be made to the issuing judge at specified intervals showing the progress made toward achieving the authorized objective and the need for continued interception.

L. Any order authorizing the interception of wire communications pursuant to this chapter is also deemed to authorize the interception of any electronic communication that may be made over the same equipment or by the same facility.

M. If the intercepted communication is in a code or foreign language and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception.

N. An interception under this chapter may be conducted in whole or in part by government personnel or by an individual operating under a contract with the government or acting under the supervision of a law enforcement officer who is authorized to conduct the interception.

O. The applicant is responsible for providing to the administrative office of the United States courts all reports on applications for or interceptions of wire, electronic or oral communications that are required by federal statutes.

P. For the purposes of this section, "crime" means murder, gaming, kidnapping, robbery, bribery, extortion, theft, an act in violation of chapter 23 of this title, dealing in narcotic drugs, marijuana or dangerous drugs, sexual exploitation of children in violation of chapter 35.1 of this title or any felony that is dangerous to life, limb or property.  Crime includes conspiracy to commit any of the offenses listed in this subsection.
A.R.S. § 13-4014 — Arizona Code / Title 13 / Chapter 38 / Article 16 / Section 4014
13-4014 Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence
Status: in_force

13-4014. Fees for expert witnesses in sanity hearing; fees of physician examining defendant alleging pregnancy as cause for not pronouncing sentence

A. When expert witnesses are appointed by the court in the conduct of a sanity hearing before or during the trial of a criminal action, or prior to pronouncing sentence upon a person convicted of crime, they shall be allowed such fees as the court in its discretion deems reasonable, having regard to the services performed by the witnesses. The fees so allowed shall be paid by the county where the indictment was found or the information filed.

B. Physicians appointed by the court to examine a defendant who alleges pregnancy as a cause for not pronouncing sentence shall be allowed fees the court deems reasonable. Such fees shall be paid by the county in which the indictment was found or the information filed.
A.R.S. § 13-3618 — Arizona Code / Title 13 / Chapter 36 / Section 3618
13-3618 Construction and effect of chapter
Status: in_force

13-3618. Construction and effect of chapter

A. The provisions of sections 13-3612 through 13-3618 shall be liberally construed in favor of the state for the protection of the child from neglect or omission of parental duty toward the child, and also to protect children of the state from the effects of the improper conduct, acts or bad example of any person which may be calculated to cause, encourage or contribute to, the dependency or delinquency of children, although such person is in no way related to the child.

B. Nothing in sections 13-3612 through 13-3618 shall be construed to be in conflict with, repeal or prevent proceedings under any law of this state which may otherwise define any specific conduct of a person as a crime which might also constitute contributory dependency, or to prevent or interfere with proceedings upon any such law.

C. The provisions of sections 13-3612 through 13-3618 shall not be construed to be inconsistent with or to repeal any law providing for the support by the parent or parents of their minor children, or any law providing for punishment of cruelty to children, or taking of indecent liberties with, or selling liquor, tobacco or firearms to children, or permitting them to be in evil or disreputable places, and nothing in any such laws or similar laws shall be construed to be inconsistent with or to repeal the provisions of this chapter relating to contributing to the dependency or delinquency of a child, or prevent proceedings under this chapter.
A.R.S. § 13-1411 — Arizona Code / Title 13 / Chapter 14 / Section 1411
13-1411 Bestiality; classification; definitions
Status: in_force

13-1411. Bestiality; classification; definitions

A. A person commits bestiality by knowingly doing any of the following:

1. Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal.

2. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal.

3. Possessing, distributing, transporting, exhibiting, selling, purchasing or electronically transmitting any visual depiction in which a real person is actually engaging in oral sexual contact, sexual contact or sexual intercourse with a real animal.

B. In addition to any other penalty imposed for a violation of subsection A of this section, the court may order that the convicted person do any of the following:

1. Undergo a psychological assessment and participate in appropriate counseling at the convicted person's own expense.

2. Reimburse an animal shelter as defined in section 11-1022 for any reasonable costs incurred for the care and maintenance of any animal that was taken to the animal shelter as a result of conduct proscribed by subsection A of this section.

C. This section does not apply to:

1. Accepted veterinary medical practices that are performed by a licensed veterinarian or veterinary technician.

2. Insemination of animals by the same species, bred for commercial purposes.

3. Accepted animal husbandry practices that provide necessary care for animals bred for commercial purposes.

D. Bestiality pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 6 felony, except that bestiality pursuant to subsection A, paragraph 2 of this section is a class 3 felony punishable pursuant to section 13-705 if the other person is a minor under fifteen years of age.

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

E. For the purposes of this section:

1. "Animal" means a nonhuman mammal, bird, reptile or amphibian, either dead or alive.

2. "Visual depiction":

(a) Means a video or photograph on film or in a digital file format.

(b) Does not include a video or photograph that is generated using artificial intelligence.
A.R.S. § 13-117 — Arizona Code / Title 13 / Chapter 1 / Section 117
13-117 Defendant as witness; no comment on failure to testify
Status: in_force

13-117. Defendant as witness; no comment on failure to testify

A. A defendant in a criminal action or proceeding shall not be compelled to be a witness against himself, but may be a witness in his own behalf. If he offers himself as a witness in his own behalf, he may be cross-examined to the same extent and subject to the same rules as any other witness.

B. The defendant's neglect or refusal to be a witness in his own behalf shall not in any manner prejudice him, or be used against him on the trial or proceedings.
A.R.S. § 13-4083 — Arizona Code / Title 13 / Chapter 38 / Article 22 / Section 4083
13-4083 Material witness; detention; release
Status: in_force

13-4083. Material witness; detention; release

A. If the court finds that a material witness wilfully failed to comply with a properly served subpoena or order to appear, the court may authorize a law enforcement agency to detain the material witness until the witness can be brought before the court. A detained material witness must be brought before the court on the same or next court date.

B. A material witness who is detained may be kept in a physically separate section or be administratively segregated from any person who is charged with, adjudicated delinquent for or convicted of a criminal offense. If the material witness is a juvenile, the witness may be detained in a juvenile detention center or a jail pursuant to section 8-305.

C. If, after the material witness is given an opportunity to be heard, the court finds that a detained material witness is unlikely to comply with a future subpoena or order to appear, the court may order a secured appearance bond or an unsecured appearance bond or may impose electronic monitoring until the material witness testifies.  The court may also order the continued detention of the material witness and proceed pursuant to section 13-4084.

D. Following the completion of testimony or a deposition, the court shall release the material witness from detention and from all obligations imposed by the court. The court may hold the release of any bond until the final disposition of any contempt proceedings.
A.R.S. § 13-3510 — Arizona Code / Title 13 / Chapter 35 / Section 3510
13-3510 Evidence of obscenity
Status: in_force

13-3510. Evidence of obscenity

A. Expert testimony or other ancillary evidence is not required to determine obscenity if the allegedly obscene item has been placed in evidence. The item itself is the best evidence of what it represents.

B. If a person relied upon a rating given to a film or motion picture by the motion picture association of America or an equivalent rating association, the rating and evidence concerning the person's reliance on such rating shall be admissible in evidence in a trial for violation of this article.
A.R.S. § 13-2706 — Arizona Code / Title 13 / Chapter 27 / Section 2706
13-2706 Limitation on defenses
Status: in_force

13-2706. Limitation on defenses

A. It is no defense to a prosecution under this chapter that:

1. The statement was inadmissible under the rules of evidence; or

2. The oath or affirmation was taken or administered in an irregular manner; or

3. The defendant mistakenly believed the false statement to be immaterial.

B. The provisions of law which declare that evidence obtained upon examination of a person as a witness cannot be received against him in a criminal proceeding do not forbid giving such evidence against the person upon any proceedings founded upon a charge of perjury committed in such examination.
A.R.S. § 13-751 — Arizona Code / Title 13 / Chapter 7.1 / Section 751
13-751 Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition
Status: in_force

13-751. Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition

A. If the state has filed a notice of intent to seek the death penalty and the defendant is:

1. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 1 or 3 and was at least eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis.

2. Convicted of first degree murder pursuant to section 13-1105 and was under eighteen years of age at the time of the commission of the offense, the defendant shall be sentenced to imprisonment in the custody of the state department of corrections for life or natural life, as determined and in accordance with the procedures provided in section 13-752. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

3. Convicted of first degree murder pursuant to section 13-1105, subsection A, paragraph 2, the defendant shall be sentenced to death or imprisonment in the custody of the state department of corrections for life or natural life as determined and in accordance with the procedures provided in section 13-752.  A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis. If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years if the murdered person was fifteen or more years of age and thirty-five years if the murdered person was under fifteen years of age or was an unborn child.

B. At the aggravation phase of the sentencing proceeding that is held pursuant to section 13-752, the admissibility of information relevant to any of the aggravating circumstances set forth in subsection F of this section shall be governed by the rules of evidence applicable to criminal trials. The burden of establishing the existence of any of the aggravating circumstances set forth in subsection F of this section is on the prosecution. The prosecution must prove the existence of the aggravating circumstances beyond a reasonable doubt.

C. At the penalty phase of the sentencing proceeding that is held pursuant to section 13-752, the prosecution or the defendant may present any information that is relevant to any of the mitigating circumstances included in subsection G of this section, regardless of its admissibility under the rules governing admission of evidence at criminal trials. The burden of establishing the existence of the mitigating circumstances included in subsection G of this section is on the defendant. The defendant must prove the existence of the mitigating circumstances by a preponderance of the evidence.  If the trier of fact is a jury, the jurors do not have to agree unanimously that a mitigating circumstance has been proven to exist.  Each juror may consider any mitigating circumstance found by that juror in determining the appropriate penalty.

D. Evidence that is admitted at the trial and that relates to any aggravating or mitigating circumstances shall be deemed admitted as evidence at a sentencing proceeding if the trier of fact considering that evidence is the same trier of fact that determined the defendant's guilt. The prosecution and the defendant shall be permitted to rebut any information received at the aggravation or penalty phase of the sentencing proceeding and shall be given fair opportunity to present argument as to whether the information is sufficient to establish the existence of any of the circumstances included in subsections F and G of this section.

E. In determining whether to impose a sentence of death or life imprisonment, the trier of fact shall take into account the aggravating and mitigating circumstances that have been proven.  The trier of fact shall impose a sentence of death if the trier of fact finds one or more of the aggravating circumstances enumerated in subsection F of this section and then determines that there are no mitigating circumstances sufficiently substantial to call for leniency.

F. The trier of fact shall consider the following aggravating circumstances in determining whether to impose a sentence of death:

1. The defendant has been convicted of another offense in the United States for which under Arizona law a sentence of life imprisonment or death was imposable.

2. The defendant has been or was previously convicted of a serious offense, whether preparatory or completed. Convictions for serious offenses committed on the same occasion as the homicide, or not committed on the same occasion but consolidated for trial with the homicide, shall be treated as a serious offense under this paragraph.

3. The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value, or the defendant committed the offense as a result of payment, or a promise of payment, of anything of pecuniary value.

4. The defendant committed the offense in an especially heinous, cruel or depraved manner.

5. The defendant committed the offense while:

(a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail.

(b) On probation for a felony offense.

6. The defendant has been convicted of one or more other homicides, as defined in section 13-1101, that were committed during the commission of the offense.

7. The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age, was an unborn child in the womb at any stage of its development or was seventy years of age or older.

8. The murdered person was an on duty peace officer who was killed in the course of performing the officer's official duties and the defendant knew, or should have known, that the murdered person was a peace officer.

9. The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.

10. The defendant committed the offense to prevent a person's cooperation with an official law enforcement investigation, to prevent a person's testimony in a court proceeding, in retaliation for a person's cooperation with an official law enforcement investigation or in retaliation for a person's testimony in a court proceeding.

G. The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant's character, propensities or record and any of the circumstances of the offense, including but not limited to the following:

1. The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.

2. The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.

3. The defendant was legally accountable for the conduct of another under section 13-303, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution.

4. The defendant could not reasonably have foreseen that his conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.

5. The defendant's age.

H. For the purposes of determining whether a conviction of any dangerous crime against children is a serious offense pursuant to this section, an unborn child shall be treated like a minor who is under twelve years of age.

I. In this section, for purposes of punishment an unborn child shall be treated like a minor who is under twelve years of age.

J. For the purposes of this section, "serious offense" means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:

1. First degree murder.

2. Second degree murder.

3. Manslaughter.

4. Aggravated assault resulting in serious physical injury or committed by the use, threatened use or exhibition of a deadly weapon or dangerous instrument.

5. Sexual assault.

6. Any dangerous crime against children.

7. Arson of an occupied structure.

8. Robbery.

9. Burglary in the first degree.

10. Kidnapping.

11. Sexual conduct with a minor under fifteen years of age.

12. Burglary in the second degree.

13. Terrorism.
A.R.S. § 13-4101 — Arizona Code / Title 13 / Chapter 38 / Article 24 / Section 4101
13-4101 Witness for defendant
Status: in_force

13-4101. Witness for defendant

When a defendant has been held to answer for a public offense, he or the state may, either before or after an indictment or information has been filed, have witnesses examined conditionally on his behalf, as prescribed in this article.
A.R.S. § 13-4413 — Arizona Code / Title 13 / Chapter 40 / Section 4413
13-4413 Notice of prisoner's status
Status: in_force

13-4413. Notice of prisoner's status

A. If the victim has made a request for post-conviction notice, the director of the state department of corrections shall mail to the victim the following information about a prisoner in the custody of the department of corrections:

1. Within thirty days after the request, notice of the earliest release date of the prisoner if his sentence exceeds six months.

2. At least fifteen days before the prisoner's release, notice of the release.

3. Within fifteen days after the prisoner's death, notice of the death.

B. If the victim has made a request for post-conviction notice, the sheriff having custody of the prisoner shall mail to the victim notice of release at least fifteen days before the prisoner's release or notice of death within fifteen days after the prisoner's death.
A.R.S. § 13-3303 — Arizona Code / Title 13 / Chapter 33 / Section 3303
13-3303 Promotion of gambling; classification
Status: in_force

13-3303. Promotion of gambling; classification

A. Except for amusement, regulated or social gambling, a person commits promotion of gambling if he knowingly does either of the following for a benefit:

1. Conducts, organizes, manages, directs, supervises or finances gambling.

2. Furnishes advice or assistance for the conduct, organization, management, direction, supervision or financing of gambling.

B. Promotion of gambling is a class 5 felony.
A.R.S. § 13-4143 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4143
13-4143 Charging fee in habeas corpus prohibited
Status: in_force

13-4143. Charging fee in habeas corpus prohibited

No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus proceedings.
A.R.S. § 13-2408 — Arizona Code / Title 13 / Chapter 24 / Section 2408
13-2408 Securing the proceeds of an offense; classification
Status: in_force

13-2408. Securing the proceeds of an offense; classification

A. A person commits securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of an offense, such person aids the person in securing the proceeds of the offense.

B. Securing the proceeds of an offense is a class 6 felony if the person assisted committed a felony. Securing the proceeds of an offense is a class 2 misdemeanor if the person assisted committed a misdemeanor.
A.R.S. § 13-1805 — Arizona Code / Title 13 / Chapter 18 / Section 1805
13-1805 Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification
Status: in_force

13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification

A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by:

1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or

2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or

3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or

4. Transferring the goods from one container to another; or

5. Concealment.

B. A person is presumed to have the necessary culpable mental state pursuant to subsection A of this section if the person does either of the following:

1. Knowingly conceals on himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment.

2. Uses an artifice, instrument, container, device or other article to facilitate the shoplifting.

C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting as prescribed in subsection A of this section for questioning or summoning a law enforcement officer.

D. Reasonable cause is a defense to a civil or criminal action against a peace officer, a merchant or an agent or employee of the merchant for false arrest, false or unlawful imprisonment or wrongful detention.

E. If a minor engages in conduct that violates subsection A of this section, notwithstanding the fact that the minor may not be held responsible because of the person's minority, any merchant who is injured by the shoplifting of the minor may bring a civil action against the parent or legal guardian of the minor under either section 12-661 or 12-692.

F. Any merchant who is injured by the shoplifting of an adult or emancipated minor in violation of subsection A of this section may bring a civil action against the adult or emancipated minor pursuant to section 12-691.

G. In imposing sentence on a person who is convicted of violating this section, the court may require any person to perform public services designated by the court in addition to or in lieu of any fine that the court might impose.

H. Shoplifting property with a value of two thousand dollars or more, shoplifting property during any continuing criminal episode or shoplifting property if done to promote, further or assist any criminal street gang or criminal syndicate is a class 5 felony. Shoplifting property with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony.  Shoplifting property valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is a firearm in which case the shoplifting is a class 6 felony.  For the purposes of this subsection, "continuing criminal episode" means theft of property with a value of one thousand five hundred dollars or more if committed during at least three separate incidences within a period of ninety consecutive days.

I. A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony.
A.R.S. § 13-4132 — Arizona Code / Title 13 / Chapter 38 / Article 26 / Section 4132
13-4132 Discharge of prisoner held on process
Status: in_force

13-4132. Discharge of prisoner held on process

If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, the prisoner shall be discharged in any one of the following cases subject to the restrictions of section 13-4131:

1. When the jurisdiction of the court or officer has been exceeded.

2. When the imprisonment was at first lawful, but by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged.

3. When the process is defective in some matter of substance required by law rendering the process void.

4. When the process, though proper in form, has been issued in a proceeding not authorized by law.

5. When the person having custody of the prisoner is not the person authorized by law to detain him.

6. Where the process is not authorized by a judgment, order or decree of any court, nor by any provision of law.

7. Where a party has been committed on a criminal charge without reasonable or probable cause.
A.R.S. § 13-3886 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3886
13-3886 Arrest by telephone or telegram; filing copy of warrant
Status: in_force

13-3886. Arrest by telephone or telegram; filing copy of warrant

A. Any magistrate may, by an endorsement under his hand upon a warrant of arrest, authorize the service of the warrant by telegraph or telephone, and thereafter a telegraphic or telephonic copy of such warrant may be sent by telegraph or telephone to one or more peace officers. The copy shall be as effectual in the hands of any officer, and he shall proceed in the same manner under it, as though he held an original warrant issued by the magistrate making the endorsement.

B. Every officer causing a telegraphic or telephonic copy of a warrant to be sent, shall certify as correct and file in the telegraph or telephone office from which such copy is sent, a copy of the warrant and endorsement thereon, and shall return the original with a statement of his action thereunder.
A.R.S. § 13-1105 — Arizona Code / Title 13 / Chapter 11 / Section 1105
13-1105 First degree murder; classification
Status: in_force

13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C. An offense under subsection A, paragraph 1 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 1 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. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752.
A.R.S. § 13-2308.01 — Arizona Code / Title 13 / Chapter 23 / Section 2308.01
13-2308.01 Terrorism; classification
Status: in_force

13-2308.01. Terrorism; classification

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

1. Engage in an act of terrorism.

2. Organize, manage, direct, supervise or finance an act of terrorism.

3. Solicit, incite or induce others to promote or further an act of terrorism.

4. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.

5. Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism.

6. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:

(a) Harboring or concealing any person or property.

(b) Warning any person of impending discovery, apprehension, prosecution or conviction.  This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law.

(c) Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction.

(d) Concealing or disguising the nature, location, source, ownership or control of material support or resources.

(e) Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.

(g) Concealing the identity of any person.

7. Provide advice, assistance or direction in the conduct, financing or management of a terrorist organization.

B. A violation of this section is a class 2 felony.

C. A person who is convicted of a violation of this section may be sentenced to imprisonment in the custody of the state department of corrections for life or natural life. A defendant who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release or release from confinement on any basis for the remainder of the defendant's natural life. A defendant who is sentenced to life is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 13-716 or section 31-233, subsection A or B until the completion of the service of twenty-five calendar years or the sentence is commuted. If the defendant is not sentenced to life or natural life, the defendant shall be sentenced to a term of imprisonment as follows:

Minimum             Presumptive               Maximum

10 calendar years       16 calendar years       25 calendar years
A.R.S. § 13-816 — Arizona Code / Title 13 / Chapter 8 / Section 816
13-816 Answer; time and form
Status: in_force

13-816. Answer; time and form

A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served.

B. If the writ of criminal garnishment is for earnings of the defendant, the garnishee shall answer pursuant to section 12-1598.08. If the writ of criminal garnishment is for indebtedness, monies, personal property or shares of stock, the garnishee shall answer pursuant to section 12-1579.
A.R.S. § 13-3729 — Arizona Code / Title 13 / Chapter 37 / Section 3729
13-3729 Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions
Status: in_force

13-3729. Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions

A. It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation:

1. Is prohibited by a federal law or regulation that governs aeronautics, including federal aviation administration regulations.

2. Interferes with a law enforcement, firefighter or emergency services operation.

B. It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense.

C. Except as authorized by law, a city, town or county may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system.  Any ordinance, policy or rule that violates this subsection, whether enacted or adopted by the city, town or county before or after August 6, 2016, is void.

D. This section does not:

1. Apply to a person or entity that is authorized or allowed by the federal aviation administration to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with federal aviation administration rules.

2. Prohibit a city, town or county from enacting or adopting ordinances or rules on the operation or use of a public unmanned aircraft that is owned by the city, town or county.

3. Prohibit a city, town or county from enacting or adopting ordinances or rules that regulate the takeoff or landing of a model aircraft in a park or preserve owned by the city, town or county if:

(a) There are other parks or preserves that are within the city, town or county and that are available for model aircraft operation.

(b) The city, town or county only has one park or preserve that is within the city, town or county.

4. Apply to the operation of an unmanned aircraft, including a public unmanned aircraft, by a first responder as defined in section 36-661 while acting in the first responder's official capacity or an emergency worker while engaged in or supporting authorized emergency management activities or performing emergency functions pursuant to title 26, chapter 2.

E. A violation of subsection B of this section is a class 6 felony, except that a second or subsequent violation is a class 5 felony.  A violation of subsection A of this section is a class 1 misdemeanor.

F. For the purposes of this section:

1. "Civil unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency.

2. "Commercial purposes" means the use of an unmanned aircraft in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.

3. "Critical facility" means any of the following:

(a) A petroleum or alumina refinery.

(b) A petroleum, chemical or rubber production, transportation, storage or processing facility.

(c) A chemical manufacturing facility.

(d) A water or wastewater treatment facility and water development, distribution or conveyance system, including a dam.

(e) An electric generation facility, as defined in section 42-14156, and any associated substation or switchyard.

(f) An electrical transmission or distribution substation.

(g) An electrical transmission line of at least sixty-nine thousand volts.

(h) An electronic communication station or tower.

(i) An energy control center.

(j) A distribution operating center.

(k) A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility.

(l) Any railroad infrastructure or facility.

(m) A federal, state, county or municipal court.

(n) A public safety or emergency operation facility.

(o) A federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.

(p) A federal or state military installation or facility.

(q) A hospital that receives air ambulance services.

4. "Model aircraft" has the same meaning prescribed in section 336 of the FAA modernization and reform act of 2012 (P.L. 112-95), as amended.

5. "Person" means a corporation, firm, partnership, association, individual or organization or any other group acting as a unit.

6. "Public unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government-related purpose.

7. "Unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

8. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.
A.R.S. § 13-3617 — Arizona Code / Title 13 / Chapter 36 / Section 3617
13-3617 Limitation on period of suspension or stay; discharge of defendant
Status: in_force

13-3617. Limitation on period of suspension or stay; discharge of defendant

Sentence shall not be suspended, or execution stayed, for more than two years, and if at any time within such period, it appears to the satisfaction of the court that the person has complied with the conditions of the suspension, or is for any cause entitled to be released, the court may discharge him and exonerate the bond.
A.R.S. § 13-4295.06 — Arizona Code / Title 13 / Chapter 38 / Article 35 / Section 4295.06
13-4295.06 Incarceration authorization and agreements
Status: in_force

13-4295.06. Incarceration authorization and agreements

(Caution:  1998 Prop. 105 applies)

Notwithstanding any other law, If a county or local law enforcement agency does not have the capacity to hold a person who is arrested for or convicted of an offense included in this article, the director of the state department of corrections shall accept arrested or convicted persons who are charged with or convicted of an offense included in this article at any facility in this state that has available capacity.
A.R.S. § 13-3412.01 — Arizona Code / Title 13 / Chapter 34 / Section 3412.01
13-3412.01 Prescribing controlled substances included in schedule I for seriously ill and terminally ill patients
Status: in_force

13-3412.01. Prescribing controlled substances included in schedule I for seriously ill and terminally ill patients

A. Notwithstanding any law to the contrary, any medical doctor licensed to practice in this state may prescribe a controlled substance included in schedule I as prescribed by section 36-2512 or the rules adopted pursuant to section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously ill patient or terminally ill patient, subject to the provisions of this section. In prescribing such a controlled substance, the medical doctor shall comply with professional medical standards.

B. Notwithstanding any law to the contrary, a medical doctor shall document that scientific research exists that supports the use of a controlled substance listed in schedule I as prescribed by section 36-2512 or the rules adopted pursuant to section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously ill patient or a terminally ill patient before prescribing the controlled substance.  A medical doctor prescribing a controlled substance included in schedule I as prescribed by section 36-2512 or the rules adopted pursuant to section 36-2512 to treat a disease, or to relieve the pain and suffering of a seriously ill patient or terminally ill patient, shall obtain the written opinion of a second medical doctor that prescribing the controlled substance is appropriate to treat a disease or to relieve the pain and suffering of a seriously ill patient or terminally ill patient. The written opinion of the second medical doctor shall be kept in the patient's official medical file.  Before prescribing the controlled substance included in schedule I as prescribed by section 36-2512 or the rules adopted pursuant to section 36-2512, the medical doctor shall receive in writing the consent of the patient.

C. Any failure to comply with the provisions of this section may be the subject of investigation and appropriate disciplining action by the Arizona medical board.
A.R.S. § 13-3722 — Arizona Code / Title 13 / Chapter 37 / Section 3722
13-3722 Solicitations for American veterans' organizations; approval; violation; classification
Status: in_force

13-3722. Solicitations for American veterans' organizations; approval; violation; classification

A. It is unlawful for a person to solicit money or other support in the name of American veterans unless the veterans' organization for which the person is soliciting money or other support files a registration statement with the secretary of state in a format prescribed by the secretary of state.

B. A person who violates this section is guilty of a class 3 misdemeanor.
A.R.S. § 13-3714 — Arizona Code / Title 13 / Chapter 37 / Section 3714
13-3714 Aggravated or multiple violations of insurance code; classification
Status: in_force

13-3714. Aggravated or multiple violations of insurance code; classification

A person who knowingly performs any act for which the person is required to be licensed under title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5 to lawfully perform and the person has been previously licensed pursuant to title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5, but whose license was suspended or revoked at the time of the act or has been convicted of violating any provision of title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5, and who is not licensed at the time of the act, is guilty of a class 5 felony.
A.R.S. § 13-3504 — Arizona Code / Title 13 / Chapter 35 / Section 3504
13-3504 Coercing acceptance of obscene articles or publications; classification
Status: in_force

13-3504. Coercing acceptance of obscene articles or publications; classification

A. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book, or other publication which is obscene. No person, firm, association or corporation shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such items, articles, books, or publications, or by reason of the return thereof.

B. A violation of any provision of subsection A is a class 5 felony.
A.R.S. § 13-1708 — Arizona Code / Title 13 / Chapter 17 / Section 1708
13-1708 Unlawful symbol burning; classification
Status: in_force

13-1708. Unlawful symbol burning; classification

A. It is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 on the property of another person without that person's permission or on a highway or any other public place with the intent to intimidate any person or group of persons.  The intent to intimidate may not be inferred solely from the act of burning the symbol, but shall be proven by independent evidence.

B. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 13-2307 — Arizona Code / Title 13 / Chapter 23 / Section 2307
13-2307 Trafficking in stolen property; classification
Status: in_force

13-2307. Trafficking in stolen property; classification

A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree.

B. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree.

C. Trafficking in stolen property in the second degree is a class 3 felony. Trafficking in stolen property in the first degree is a class 2 felony.
A.R.S. § 13-4503 — Arizona Code / Title 13 / Chapter 41 / Section 4503
13-4503 Request for competency examination; jurisdiction over competency hearings; referral
Status: in_force

13-4503. Request for competency examination; jurisdiction over competency hearings; referral

A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial, to enter a plea or to assist the defendant's attorney. The motion shall state the facts on which the mental examination is sought.

B. The court may request that a mental health expert assist the court in determining if reasonable grounds exist for examining a defendant.

C. Except as provided in subsection D of this section, after any court determines that reasonable grounds exist for further competency proceedings, the superior court shall have exclusive jurisdiction over all competency hearings.

D. The presiding judge of the superior court in each county, with the agreement of the justice of the peace or municipal court judge, may authorize a justice court or municipal court to exercise jurisdiction over a competency hearing in a misdemeanor case that arises out of the justice court or municipal court.

E. A justice of the peace or municipal court judge, with the approval of the presiding judge of the superior court and the justice or judge of the receiving court, may refer a competency hearing to another justice court or municipal court that is located in the county.
A.R.S. § 13-1810 — Arizona Code / Title 13 / Chapter 18 / Section 1810
13-1810 Deferred prosecution of bad check cases
Status: in_force

13-1810. Deferred prosecution of bad check cases

A. Each county attorney may create within his office a deferred prosecution program for bad check cases.

B. The county attorney may refer a bad check case to the bad check deferred prosecution program. This chapter does not limit the power of the county attorney to prosecute bad check complaints.

C. On receipt of a bad check case, the county attorney shall determine if the case is one which is appropriate to be referred to the bad check deferred prosecution program. In determining whether to refer a case to the bad check deferred prosecution program, the county attorney shall consider the following guidelines:

1. The amount of the bad check.

2. If there is a prior criminal record of the defendant.

3. The number of bad check complaints against the defendant previously received by the county attorney.

4. Whether or not there are other bad check complaints currently pending against the defendant.

5. The strength of the evidence of intent to defraud the victim.

D. On referral of a complaint to the bad check deferred prosecution program, a notice of the complaint shall be forwarded by mail to the defendant. The notice shall contain all of the following:

1. The date and amount of the check.

2. The name of the payee.

3. The date before which the defendant must contact the office of the county attorney concerning the complaint.

4. A statement of the penalty for issuance of a bad check.

E. The county attorney may enter into a written agreement with the defendant to defer prosecution on the bad check for a period to be determined by the county attorney, not to exceed one year for misdemeanors, pending all of the following:

1. Completion of the bad check deferred prosecution school program conducted by the county attorney or a private entity under contract with the county attorney.

2. Full restitution being made to the victim of the bad check, as specified in section 13-1809, subsection B.

3. Full payment of fees due under section 13-1809.

F. For each check, monies received from a person pursuant to section 13-1809 shall be applied first to satisfy restitution to the victim.
A.R.S. § 13-3905 — Arizona Code / Title 13 / Chapter 38 / Article 7 / Section 3905
13-3905 Detention for obtaining evidence of identifying physical characteristics; definition
Status: in_force

13-3905. Detention for obtaining evidence of identifying physical characteristics; definition

A. A peace officer who is engaged, within the scope of the officer's authority, in the investigation of a felony may make written application upon oath or affirmation to a magistrate for an order authorizing the temporary detention, for the purpose of obtaining evidence of identifying physical characteristics, of an identified or particularly described individual residing in or found in the jurisdiction over which the magistrate presides. The order shall require the presence of the identified or particularly described individual at such time and place as the court shall direct for obtaining the identifying physical characteristic evidence.  The magistrate may issue the order on a showing of all of the following:

1. Reasonable cause for belief that a felony has been committed.

2. Procurement of evidence of identifying physical characteristics from an identified or particularly described individual may contribute to the identification of the individual who committed such offense.

3. The evidence cannot otherwise be obtained by the investigating officer from either the law enforcement agency employing the affiant or the department of public safety.

B. Any order issued pursuant to this section shall specify the following:

1. The alleged criminal offense that is the subject of the application.

2. The specific type of identifying physical characteristic evidence that is sought.

3. The relevance of the evidence to the particular investigation.

4. The identity or description of the individual who is to be detained for obtaining the evidence.

5. The name and official status of the investigative officer authorized to detain the individual and obtain the evidence.

6. The place at which the evidence will be obtained.

7. The time that the evidence shall be taken, except that no person may be detained for a period of more than three hours for the purpose of taking evidence.

8. The period of time, not exceeding fifteen days, during which the order shall continue in force and effect. If the order is not executed within fifteen days and is not extended by the magistrate, a new order may be issued pursuant to this section. The magistrate may extend the time for execution of the order for no longer than fifteen days.

C. The order issued pursuant to this section shall be returned to the court not later than thirty days after its date of issuance and shall be accompanied by a sworn statement indicating the type of evidence taken. The court shall give to the person from whom the evidence was taken a copy of the order and a copy of the sworn statement indicating what type of evidence was taken, if any.

D. In lieu of, or in addition to, a written application as provided in subsection A, the magistrate may take an oral statement under oath which shall be recorded on tape or wire or by other comparable method. This statement may be given in person to a magistrate or by telephone, radio or other means of electronic communication. This statement is deemed an application for the purpose of issuance of an order authorizing the temporary detention for the purpose of obtaining evidence of identifying physical characteristics. If a recording of the sworn statement is made, the statement shall be transcribed at the request of the court or either party, certified by the magistrate and filed with the court.

E. The magistrate may orally authorize a peace officer to sign the magistrate's name on an application if the peace officer applying for the application is not in the presence of the magistrate. The application shall be called a duplicate original application and shall be deemed an application for the purpose of this section. In such cases the magistrate shall cause to be made an original application and shall enter the exact time of the issuance of the duplicate application on the face of the original application. On the return of the duplicate original application, the magistrate shall file the original application and the duplicate original application as provided for in this section.

F. A magistrate may affix the magistrate's signature on a fax of an original application. The fax of the original application is deemed to be an application for the purposes of this section.  On return of the fax of the original application, the magistrate shall file the original application and the fax of the original application as provided in this section.

G. For the purposes of this section, "identifying physical characteristics" includes, but is not limited to, the fingerprints, palm prints, footprints, measurements, handwriting, handprinting, sound of voice, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance or photographs of an individual.
A.R.S. § 13-4437 — Arizona Code / Title 13 / Chapter 40 / Section 4437
13-4437 Standing to invoke rights; recovery of damages; right to counsel
Status: in_force

13-4437. Standing to invoke rights; recovery of damages; right to counsel

A. The rights enumerated in the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules belong to the victim.  The victim has standing to seek an order, to bring a special action or to file a notice of appearance in a trial court or an appellate proceeding, seeking to enforce any right or to challenge an order denying any right guaranteed to victims. A victim may not be charged a filing fee to file a special action or to seek an order pursuant to this subsection. In asserting any right, the victim has the right to be represented by personal counsel at the victim's expense and the proceedings may be initiated by the victim's counsel or the prosecutor.

B. A victim has the right to recover damages from a governmental entity responsible for the intentional, knowing or grossly negligent violation of the victim's rights under the victims' bill of rights, article II, section 2.1, Constitution of Arizona, any implementing legislation or court rules.  Nothing in this section alters or abrogates any provision for immunity provided for under common law or statute.

C. At the request of the victim, the prosecutor may assert any right to which the victim is entitled.

D. On the filing of a notice of appearance, counsel for the victim shall be endorsed on all pleadings and, if present, be included in all bench conferences and in chambers meetings and sessions with the trial court that directly involve a victim's right enumerated in article II, section 2.1, Constitution of Arizona.

E. Notwithstanding any other law and without limiting any rights and powers of the victim, the victim has the right to present evidence or information and to make an argument to the court, personally or through counsel, at any proceeding to determine the amount of restitution pursuant to section 13-804.
A.R.S. § 13-4703 — Arizona Code / Title 13 / Chapter 43 / Section 4703
13-4703 Forfeiture and disposition of motor vehicle, motor vehicle part, property and evidence
Status: in_force

13-4703. Forfeiture and disposition of motor vehicle, motor vehicle part, property and evidence

A. The following items used or intended for use in violation of section 13-4702 are subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. A motor vehicle or motor vehicle part.

2. Any tool, instrument or other implement.

3. Real property.

B. The following property is subject to seizure and forfeiture pursuant to chapter 39 of this title:

1. All proceeds traceable to an offense that is included in section 13-4702 and is committed for financial gain.

2. All proceeds seized in this state and traceable to an offense that is chargeable or indictable under the laws of the state in which the offense occurred and if the offense occurred in a state other than this state would be chargeable or indictable under section 13-4702 if the offense occurred in this state and is committed for financial gain.
A.R.S. § 13-608 — Arizona Code / Title 13 / Chapter 6 / Section 608
13-608 Chronic felony offenders; disposition; notice
Status: in_force

13-608. Chronic felony offenders; disposition; notice

A. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501, subsection A or B, is convicted of a felony in criminal court and is placed on probation, the juvenile shall be incarcerated in the county jail for a period of not more than one year as a condition of probation.

B. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501, subsection A or B in criminal court and is convicted of a felony in criminal court, the court shall provide the following written notice to the juvenile:

You have been convicted as a chronic felony offender and you now have a historical prior felony conviction. You are now on notice that if you commit another felony offense, you will be tried as an adult in the criminal division of the superior court and you will be subject to mandatory sentencing.

C. The failure or inability of the court to provide the notice required by subsection B of this section does not preclude the use of the prior conviction for any purpose otherwise permitted.