2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-1215 - Hazing; classification; definition

13-1215.
Hazing;  classification;  definition
A. A person commits hazing by intentionally,  knowingly or recklessly,  for the purpose of preinitiation activities,  pledging,  initiating,  holding office,  admitting or affiliating a minor or student into or with an organization or for the purpose of continuing,  reinstating or enhancing a minor's or student's membership or status in an organization,  causes,  coerces or forces a minor or student to engage in or endure any of the following:
1. Sexual humiliation or brutality,  including forced nudity or an act of sexual penetration,  or both.
2. Conduct or conditions,  including physical or psychological tactics,  that are reasonably calculated to cause severe mental distress to the minor or student,  including activities that are reasonably calculated to cause the minor or student to harm themselves or others.
3. The consumption of any food,  nonalcoholic liquid,  alcoholic liquid,  drug or other substance that poses a substantial risk of death,  physical injury or emotional harm.
4. An act of restraint,  confinement in a small space or significant sleep deprivation.
5. Conduct or conditions that violate a federal or state criminal law and that pose a substantial risk of death or physical injury.
6. Physical brutality or any other conduct or conditions that pose a substantial risk of death or physical injury,  including whipping,  beating,  paddling,  branding,  electric shocking,  placing harmful substances on the body,  excessive exercise or calisthenics or unhealthy exposure to the elements.
B. This section does not apply to reasonable and customary athletic,  law enforcement or military training,  contests,  competitions or events.
C. A person may not be charged with or prosecuted for hazing or for a crime arising out of hazing if the evidence for the violation was gained solely as a result of either of the following:
1. The person transported the minor or student who was experiencing a medical emergency to a law enforcement agency,  campus security office or health care facility.
2. The person,  promptly and in good faith,  reported the medical event caused by the hazing to a law enforcement officer,  911 or E911 service,  campus security officer or emergency services personnel and the person reasonably believed that the minor or student needed immediate medical attention that was necessary to prevent the death of or serious physical injury to the minor or student. This paragraph applies only to a person to whom all of the following apply:
(a) If physically capable,  the person provided the person's name and the location of the minor or student who was in need of medical attention.
(b) The person remained with the minor or student until a law enforcement officer,  campus security officer or emergency services personnel arrived.
(c) The person cooperated with law enforcement,  campus security or emergency services personnel.
D. Subsection C of this section does not do any of the following:
1. Prohibit charging or prosecuting a person for a violation of this section if law enforcement obtains evidence of the violation before or independent of the person's act of seeking or obtaining medical assistance pursuant to subsection C of this section.
2. Prohibit the admissibility of evidence in connection with an investigation and prosecution for any other crime that is not prohibited by subsection C of this section.
3. Prohibit the admissibility of evidence in connection with the investigation and prosecution of a violation of this section against another person who is not immune from prosecution pursuant to subsection C of this section.
E. It is not a defense to hazing if either of the following applies:
1. The victim or person against whom the hazing was directed,  acquiesced or consented,  whether implied or expressed,  to the conduct.
2. The conduct was sanctioned or approved by the organization or the educational institution or the conduct was traditional and customary,  or both.
F. Hazing is a class 1 misdemeanor,  except that if the hazing results in a person's death it is a class 4 felony.
G. For the purposes of this section,  " organization"  means any official fraternity,  sorority,  association,  corporation,  order,  society,  corps,  cooperative,  club,  service group,  social group,  band,  spirit group,  athletic team or similar group whose members are primarily students at,  or former students of,  a high school or postsecondary institution.