A.R.S. § 13-3118

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 31. Weapons and Explosives (Refs & Annos)

§ 13-3118. Possession or storage of firearms; restrictions prohibited; exceptions

A. Except for the legislature, this state and any agency or political subdivision of this state shall not enact or implement any law, rule or ordinance relating to the possession or storage of firearms other than as provided in statute.

B. This section does not prohibit:

1. A state, county or municipal judicial department, law enforcement agency or prosecutorial agency from prohibiting a deadly weapon pursuant to § 13-3102, subsection A, paragraph 10.

2. A political subdivision of this state from enacting any rule or ordinance requiring a business that obtains a secondhand firearm by purchase, trade or consignment to retain the firearm for a period of not more than ten days at its place of business or another storage location that is approved by the applicable law enforcement agency.

CREDIT(S)

Added by Laws 2006, Ch. 288, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3119

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 31. Weapons and Explosives (Refs & Annos)

§ 13-3119. Misconduct involving weapons in a secured area of an airport; classification; definitions

A. A person commits misconduct involving weapons by intentionally carrying, possessing or exercising control over a deadly weapon in a secured area of an airport.

B. This section does not apply to:

1. A peace officer or a federally sworn officer while in the actual performance of the officer's duties.

2. A member of the military forces of the United States or of any state of the United States in the actual performance of the member's official duties.

3. An individual who is authorized by a federal agency in the actual performance of the individual's official duties.

4. General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration.

5. The lawful transportation of deadly weapons in accordance with state and federal law.

C. A violation of this section is a class 1 misdemeanor.

D. For the purposes of this section:

1. “Deadly weapon” has the same meaning prescribed in § 13-105.

2. “Secured area of an airport” means any area of an airport specified in an airport security program that is authorized and approved by the United States transportation security administration pursuant to 49 United States Code § 44903(h)(7)(F) and defined in 49 Code of Federal Regulations § 1540.5.

CREDIT(S)

Added as § 28-8429 by Laws 2008, Ch. 116, § 1. Renumbered as § 13-3119.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3120

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 31. Weapons and Explosives (Refs & Annos)

§ 13-3120. Knives regulated by state; state preemption; definitions

A. Except as provided in subsections C and D, a political subdivision of this state shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components in this state.

B. A political subdivision of this state shall not enact any rule or ordinance that relates to the manufacture of a knife and that is more prohibitive than or that has a penalty that is greater than any rule or ordinance that is related to the manufacture of any other commercial goods.

C. This section does not prohibit a political subdivision of this state from enacting and enforcing any ordinance or rule pursuant to state law, to implement or enforce state law or relating to imposing any privilege or use tax on the retail sale, lease or rental of, or the gross proceeds or gross income from the sale, lease or rental of, a knife or any knife components at a rate that applies generally to other items of tangible personal property.

D. This section does not prohibit a political subdivision of this state from regulating employees or independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.

E. A political subdivision's rule or ordinance that relates to knives and that is inconsistent with or more restrictive than state law, whether enacted before or after the effective date of this amendment to this section, is null and void.

F. For the purposes of this section:

1. “Knife” means a cutting instrument and includes a sharpened or pointed blade.

2. “Political subdivision” includes any county, city, including a charter city, town, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, municipal corporation or special district or any other local public agency.

CREDIT(S)

Added by Laws 2010, Ch. 204, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 32, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 32. Prostitution

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3201

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

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

A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person, is guilty of a class 6 felony.

CREDIT(S)

Formerly § 13-581. Amended by Laws 1973, Ch. 172, § 36. Renumbered as § 13-3201 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 198, eff. Oct. 1, 1978; Laws 1982, Ch. 324, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3202

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3202. Procurement by false pretenses of person for purpose of prostitution; classification

A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person, is guilty of a class 6 felony.

CREDIT(S)

Formerly § 13-582. Amended by Laws 1973, Ch. 172, § 37. Renumbered as § 13-3202 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 199, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3203

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3203. Procuring or placing persons in house of prostitution; classification

A person who knowingly receives money or other valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-583. Amended by Laws 1973, Ch. 172, § 38. Renumbered as § 13-3203 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 200, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3204

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3204. Receiving earnings of prostitute; classification

A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-584. Amended by Laws 1973, Ch. 172, § 39. Renumbered as § 13-3204 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 201, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3205

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3205. Causing spouse to become prostitute; classification

A person who knowingly by force, fraud, intimidation or threats, causes his or her spouse to live in a house of prostitution or to lead a life of prostitution, is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-586. Amended by Laws 1973, Ch. 172, § 40. Renumbered as § 13-3205 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 202, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3206

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

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

A person who takes away any minor from the minor's father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony. If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to § 13-705.

CREDIT(S)

Formerly § 13-587. Amended by Laws 1973, Ch. 172, § 41. Renumbered as § 13-3206 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 203, eff. Oct. 1, 1978; Laws 1987, Ch. 166, § 2; Laws 2008, Ch. 301, § 70, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3207

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 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 such person has contracted or is said to have contracted, is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-588. Amended by Laws 1973, Ch. 172, § 42. Renumbered as § 13-3207 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 204, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3208

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification

A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.

B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-589. Renumbered as § 13-3208 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 205, eff. Oct. 1, 1978; Laws 1982, Ch. 324, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3209

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3209. Pandering; definitions; methods; classification

A person is guilty of a class 5 felony who knowingly:

1. Places any person in the charge or custody of any other person for purposes of prostitution.

2. Places any person in a house of prostitution with the intent that such person lead a life of prostitution.

3. Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution.

4. Compels, induces or encourages any person to lead a life of prostitution.

CREDIT(S)

Formerly § 13-591. Amended by Laws 1973, Ch. 172, § 43; Laws 1975, Ch. 154, § 1. Renumbered as § 13-3209 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 206, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3210

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-592. Amended by Laws 1973, Ch. 172, § 44. Renumbered as § 13-3210 by Laws 1977, Ch. 142, § 96, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 207, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3211

Effective: June 13, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3211. Definitions

In this chapter, unless the context otherwise requires:

1. “Employee” means a person who conducts lawful or unlawful business for another person under a master-servant relationship or as an independent contractor and who is compensated by wages, commissions, tips or other valuable consideration.

2. “House of prostitution” means any building, structure or place that is used for the purpose of prostitution or lewdness or where acts of prostitution occur.

3. “Operate and maintain” means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

4. “Oral sexual contact” means oral contact with the penis, vulva or anus.

5. “Prostitution” means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.

6. “Prostitution enterprise” means any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services.

7. “Sadomasochistic abuse” means flagellation or torture by or on a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

8. “Sexual conduct” means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.

9. “Sexual contact” means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast.

10. “Sexual intercourse” means penetration into the penis, vulva or anus by any part of the body or by any object.

CREDIT(S)

Added by Laws 1978, Ch. 200, § 1, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 231, § 1; Laws 1982, Ch. 324, § 3; Laws 2007, Ch. 248, § 5, eff. June 13, 2007.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3212

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3212. Child prostitution; classification; increased punishment

A. A person commits child prostitution by knowingly:

1. Causing any minor to engage in prostitution.

2. Using any minor for the purposes of prostitution.

3. Permitting a minor who is under the person's custody or control to engage in prostitution.

4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.

7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

B. A person who is at least eighteen years of age commits child prostitution by knowingly:

1. Engaging in prostitution with a minor who is under fifteen years of age.

2. Engaging in prostitution with a minor who the person knows is fifteen, sixteen or seventeen years of age.

3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.

C. It is not a defense to a prosecution under subsection A and subsection B, paragraphs 1 and 2 of this section that the other person is a peace officer posing as a minor or a person assisting a peace officer posing as a minor.

D. Notwithstanding any other law, a sentence imposed on a person for a violation of subsection A or subsection B, paragraph 2 of this section involving a minor who is fifteen, sixteen or seventeen years of age shall be consecutive to any other sentence imposed on the person at any time.

E. Child prostitution pursuant to subsection A of this section is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to § 13-705.

F. Child prostitution pursuant to subsection B, paragraph 1 of this section is a class 2 felony and is punishable pursuant to § 13-705.

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

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

Minimum

Presumptive

Maximum

7 years

10.5 years

21 years

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

Minimum

Presumptive

Maximum

14 years

15.75 years

28 years

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

Minimum

Presumptive

Maximum

21 years

28 years

35 years

H. Child prostitution pursuant to subsection B, paragraph 3 of this section is a class 6 felony. If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days. This jail term shall commence on the date of sentencing. The court may suspend ninety days of the jail sentence if the person has not previously been convicted of a violation of this section, a violation of § 13-3214 or a violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as § 13-3214 and the person successfully completes an appropriate court ordered education or treatment program.

I. Nothing in this section precludes the state from alleging and proving any other sentencing enhancements as provided by law.

CREDIT(S)

Added by Laws 1978, Ch. 200, § 1, eff. Oct. 1, 1978. Amended by Laws 1987, Ch. 166, § 3; Laws 2007, Ch. 248, § 6, eff. June 13, 2007; Laws 2008, Ch. 301, § 71, eff. Jan. 1, 2009. Amended by Laws 2010, Ch. 255, § 6; Laws 2011, Ch. 78, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3213

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3213. Repealed by Laws 2010, Ch. 255, § 7.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3214

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 32. Prostitution (Refs & Annos)

§ 13-3214. Prostitution; classification

A. It is unlawful for a person to knowingly engage in prostitution.

B. This section does not prohibit cities or towns from enacting and enforcing ordinances to suppress and prohibit prostitution that provide a punishment for misdemeanor violations that is at least as stringent as provided in this section.

C. For the purposes of sentencing under this section, a previous violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as this section shall be deemed to be a previous violation of this section.

D. A person who violates this section is guilty of a class 1 misdemeanor, except that:

1. A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.

2. A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.

3. A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of sentence until the entire sentence is served and shall complete an appropriate court ordered education or treatment program.

4. A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served. This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.

CREDIT(S)

Added by Laws 1981, Ch. 231, § 2. Amended by Laws 2006, Ch. 259, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 33, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 33. Gambling

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 33, Disp Table

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 33. Gambling

DISPOSITION TABLE

Showing where the subject matter of sections repealed by Laws 1978, Ch. 201, § 212 and by Laws 1987, Ch. 71, § 3 was covered by new sections.

Repealed Sections

New Sections

13-3301

13-3303

13-3304

13-3302

13-3303

13-3304

13-3303

13-3303

13-3304

13-3304

13-3303

13-3306

13-3305

13-3304

13-3306

13-3309

13-3310

13-3307

13-3305

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3301

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3301. Definitions

In this chapter, unless the context otherwise requires:

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

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

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

(d) Any of the following:

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

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

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

(iv) Skill and not chance is clearly the predominant factor in the game and the odds of winning the game based upon chance cannot be altered, provided the game complies with any licensing or regulatory requirements by the jurisdiction in which it is operated, no benefit for a single win is given to the player or players other than a merchandise prize which has a wholesale fair market value of less than four (4) dollars or coupons which are redeemable only at the place of play and only for a merchandise prize which has a fair market value of less than four (4) dollars and, regardless of the number of wins, no aggregate of coupons may be redeemed for a merchandise prize with a wholesale fair market value of greater than thirty-five (35) dollars.

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

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

4. “Gambling” or “gamble” means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event but does not include bona fide business transactions which are valid under the law of contracts including contracts for the purchase or sale at a future date of securities or commodities, contracts of indemnity or guarantee and life, health or accident insurance.

5. “Player” means a natural person who participates in gambling.

6. “Regulated gambling” means either:

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

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

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

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

(iii) If conducted by an organization which is exempt from taxation of income under § 43-1201, the organization's records are open to public inspection.

(iv) Beginning on June 1, 2003, none of the players is under twenty-one years of age.

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

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

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

(c) Until June 1, 2003, none of the players is below the age of majority. Beginning on June 1, 2003, none of the players is under twenty-one years of age.

(d) Players “compete on equal terms with each other in a gamble” when no player enjoys an advantage over any other player in the gamble under the conditions or rules of the game or contest.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4. Amended by Laws 1988, Ch. 25, § 1; Laws 1990, Ch. 173, § 1, eff. May 3, 1990; Laws 2000, Ch. 14, § 5. Amended by Initiative Measure, Proposition 202, approved election Nov. 5, 2002, eff. Nov. 25, 2002.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3302

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3302. Exclusions

A. The following conduct is not unlawful under this chapter:

1. Amusement gambling.

2. Social gambling.

3. Regulated gambling if the gambling is conducted in accordance with the statutes, rules or orders governing the gambling.

4. Gambling that is conducted at state, county or district fairs and that complies with § 13-3301, paragraph 1, subdivision (d).

B. An organization that has qualified for an exemption from taxation of income under § 43-1201, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may conduct a raffle that is subject to the following restrictions:

1. The nonprofit organization shall maintain this status and no member, director, officer, employee or agent of the nonprofit organization may receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. The nonprofit organization has been in existence continuously in this state for a five year period immediately before conducting the raffle.

3. No person except a bona fide local member of the sponsoring organization may participate directly or indirectly in the management, sales or operation of the raffle.

4. Nothing in paragraph 1 or 3 of this subsection prohibits a licensed general hospital, a licensed special hospital or a foundation established to support cardiovascular medical research that is exempt from taxation of income under § 43-1201, paragraph 4 or section 501(c)(3) of the internal revenue code from contracting with an outside agent who participates in the management, sales or operation of the raffle if the proceeds of the raffle are used to fund medical research, graduate medical education or indigent care and the raffles are conducted no more than three times per calendar year. The maximum fee for an outside agent shall not exceed fifteen per cent of the net proceeds of the raffle.

C. A state, county or local historical society designated by this state or a county, city or town to conduct a raffle may conduct the raffle subject to the following conditions:

1. No member, director, officer, employee or agent of the historical society may receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. The historical society must have been in existence continuously in this state for a five year period immediately before conducting the raffle.

3. No person except a bona fide local member of the sponsoring historical society may participate directly or indirectly in the management, sales or operation of the raffle.

D. A nonprofit organization that is a booster club, a civic club or a political club or political organization as defined in § 16-901 may conduct a raffle that is subject to the following restrictions:

1. No member, director, officer, employee or agent of the club or organization may receive any direct or indirect pecuniary benefit other than being able to participate in the raffle on a basis equal to all other participants.

2. No person except a bona fide local member of the sponsoring club or organization may participate directly or indirectly in the management, sales or operation of the raffle.

3. The maximum annual benefit that the club or organization receives for all raffles is ten thousand dollars.

4. The club or organization is organized and operated exclusively for pleasure, recreation or other nonprofit purposes and no part of the club's or organization's net earnings inures to the personal benefit of any member, director, officer, employee or agent of the club or organization.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4. Amended by Laws 1988, Ch. 25, § 2; Laws 2002, Ch. 325, § 1; Laws 2006, Ch. 127, § 1, eff. April 17, 2006; Laws 2010, Ch. 235, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3303

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3304

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3304. Benefiting from gambling; classification

A. Except for amusement or regulated gambling, a person commits benefiting from gambling if he knowingly obtains any benefit from gambling.

B. Benefiting from social gambling as a player is not unlawful under this section.

C. Benefiting from gambling is a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3305

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3305. Betting and wagering; classification

A. Subject to the exceptions contained in § 5-112, no person may engage for a fee, property, salary or reward in the business of accepting, recording or registering any bet, purported bet, wager or purported wager or engage for a fee, property, salary or reward in the business of selling wagering pools or purported wagering pools with respect to the result or purported result of any race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.

B. A person shall not directly or indirectly knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for wagering or betting on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever conducted within or without this state or anything of value as reimbursement for the prior making of such a wager or bet on behalf of another person.

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

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4. Amended by Laws 2006, Ch. 195, § 8.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3306

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3306. Possession of a gambling device; classification

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

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

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

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

E. Nothing in this section prohibits:

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

2. Possession, distribution or transportation of gambling devices for purposes not prohibited by this chapter.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4. Amended by Laws 2000, Ch. 305, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3307

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3307. Possession of gambling records; classification

A. A person commits possession of gambling records if he knowingly possesses any book, writing, paper, instrument, article, electronically-produced data, computer software and programs, discs, tapes or other tangible or intangible method of recording information knowing or having reason to know that it arises out of, or was made in connection with, gambling in violation of this chapter.

B. Possession of gambling records is a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3308

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3308. Presumption

In a prosecution under this chapter in which it is necessary to prove the occurrence of any event that is the subject of gambling, a published report of its occurrence in a daily newspaper, a magazine or any other periodically printed publication of general circulation is admissible into evidence and, on admission, it is presumed that the event occurred. This presumption may be rebutted. Either party may use additional evidence to prove or disprove the occurrence of the event.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3309

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3309. Seizure; exception; definition

A. In addition to any other remedies provided by law, any monies used or intended to be used in violation of this chapter may be seized by any peace officer on probable cause that it is money used or intended to be used in violation of this chapter.

B. In addition to any other remedy provided by law, gambling records of gambling in violation of this chapter may be seized by any peace officer on probable cause that they are gambling records.

C. In addition to any other remedy provided by law, a gambling device may be seized by any peace officer on probable cause that it is a gambling device being used or intended to be used in violation of this title.

D. If a gambling device is an antique slot machine and is not used for gambling purposes or in violation of the laws of this state, possession of the antique slot machine is lawful and it shall not be confiscated or destroyed. If the gambling device is confiscated and the owner shows that the gambling device is an antique slot machine and it is not used for gambling purposes or in violation of the laws of this state, the court acquiring jurisdiction shall order the antique slot machine returned to the person from whom it was confiscated.

E. For purposes of this section, “antique slot machine” means a gambling device which is manufactured for use as a slot machine and is at least twenty-five years old.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3310

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3310. Forfeiture

A. In addition to any other remedies provided by law, the following property shall be forfeited pursuant to § 13-2314 or chapter 39 of this title: [FN1]

1. All benefits derived from a violation of this chapter.

2. All unlawful gambling devices.

3. All things of value used or intended to be used to facilitate a violation of this chapter.

B. A person that obtains property through a violation of this chapter is an involuntary trustee. An involuntary trustee and any other person, except a bona fide purchaser for value without notice of the unlawful conduct and who has not knowingly taken part in an illegal transaction, holds the property, its proceeds and its fruits in constructive trust for the benefit of persons entitled to remedies pursuant to § 13-2314 or chapter 39 of this title.

CREDIT(S)

Added by Laws 1987, Ch. 71, § 4.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3311

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

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

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

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

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

3. The duration of the event.

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

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

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

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

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

D. This section does not apply to organizations that have qualified for an exemption from taxation of income under § 43-1201, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 or to academic competitions conducted by school districts or charter schools that award cash, prizes or scholarships to participants.

CREDIT(S)

Added by Laws 1988, Ch. 25, § 3. Amended by Laws 2006, Ch. 127, § 2, eff. April 17, 2006; Laws 2011, Ch. 344, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3312

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 33. Gambling (Refs & Annos)

§ 13-3312. Crane games; prohibited acts; classification

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

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

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

3. Misrepresenting the value of prizes in crane games.

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

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

CREDIT(S)

Added by Laws 1988, Ch. 25, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 34, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 34. Drug Offenses

DERIVATION TABLE

Showing where the subject matter of sections added by Laws 1981, Ch. 264, § 8 was covered by repealed sections:

New Sections

Marijuana Act

Uniform Act

Other Repealed Sections

13-3401

36-1001

36-1001

32-1973

32-1974

13-3402

None

None

None

13-3403

None

None

32-1973

32-1974

13-3404

None

None

32-1969

32-1971

13-3405

36-1002

36-1002.05

None

36-1003

36-1002.06

36-1004

36-1002.07

36-1005

36-1002.08

13-3406

None

36-1002

None

36-1002.01

36-1002.02

36-1002.03

36-1002.04

13-3407

None

36-1002

32-1969

32-1971

13-3408

None

36-1002

None

36-1062

13-3409

36-1006

None

None

13-3410

None

None

None

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3401

Effective: April 3, 2013

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3401. Definitions

In this chapter, unless the context otherwise requires:

1. “Administer” means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.

2. “Amidone” means any substance identified chemically as (4-4-diphenyl-6-dimethylamine-heptanone-3), or any salt of such substance, by whatever trade name designated.

3. “Board” means the Arizona state board of pharmacy.

4. “Cannabis” means the following substances under whatever names they may be designated:

(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.

(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.

5. “Coca leaves” means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.

6. “Dangerous drug” means the following by whatever official, common, usual, chemical or trade name designated:

(a) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:

(i) Alpha-ethyltryptamine.

(ii) Aminorex.

(iii) 4-bromo-2, 5-dimethoxyphenethylamine.

(iv) 4-bromo-2, 5-dimethoxyamphetamine.

(v) Bufotenine.

(vi) Diethyltryptamine.

(vii) 2, 5-dimethoxyamphetamine.

(viii) Dimethyltryptamine.

(ix) 5-methoxy-3, 4-methylenedioxyamphetamine.

(x) 4-methyl-2, 5-dimethoxyamphetamine.

(xi) Ibogaine.

(xii) Lysergic acid amide.

(xiii) Lysergic acid diethylamide.

(xiv) Mescaline.

(xv) 4-methoxyamphetamine.

(xvi) Methoxymethylenedioxyamphetamine (MMDA).

(xvii) Methylenedioxyamphetamine (MDA).

(xviii) 3, 4-methylenedioxymethamphetamine.

(xix) 3, 4-methylenedioxy-N-ethylamphetamine.

(xx) N-ethyl-3-piperidyl benzilate (JB-318).

(xxi) N-hydroxy-3, 4-methylenedioxyamphetamine.

(xxii) N-methyl-3-piperidyl benzilate (JB-336).

(xxiii) N-(1-phenylcyclohexyl) ethylamine (PCE).

(xxiv) Nabilone.

(xxv) 1-(1-phenylcyclohexyl) pyrrolidine (PHP).

(xxvi) 1-(1-(2-thienyl)-cyclohexyl) piperidine (TCP).

(xxvii) 1-(1-(2-thienyl)-cyclohexyl) pyrrolidine.

(xxviii) Para-methoxyamphetamine (PMA).

(xxix) Psilocybin.

(xxx) Psilocyn.

(xxxi) Synhexyl.

(xxxii) Trifluoromethylphenylpiperazine (TFMPP).

(xxxiii) Trimethoxyamphetamine (TMA).

(xxxiv) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).

(xxxv) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).

(xxxvi) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).

(xxxvii) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).

(xxxviii) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).

(xxxix) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).

(xl) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH-015 and isomers).

(xli) (6AR, 10AR)-9-(hydroxymethy l)-6,6-dimethyl-3-(2-methyloctan2-YL) -6a,7,10,10a-tetrahydrobenzocchromen-1-ol) (HU-210).

(xlii) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol (CP 47,497 and isomers).

(xliii) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol (cannabicyclohexanol, CP-47,497 C8 homologue and isomers).

(b) Any material, compound, mixture or preparation which contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. For the purposes of this subdivision, “cannabimimetic substances” means any substances within the following structural classes:

(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2-(3-hydroxycyclohexyl)phenol generic definition include CP-47,497, CP-47,497 C8-homolog, CP-55,940 and CP-56,667.

(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH-122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH-185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414 and JWH-415.

(iii) 3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.

(iv) 1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. Substances in the 1-(naphthylmethylene)indene generic definition include JWH-176.

(v) 3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM-2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205, JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314, JWH-315, JWH-316, RCS-4, RCS-8, SR-18 and SR-19.

(vi) 3-(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3-(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent. Substances in the 3-(cyclopropylmethanone) indole generic definition include UR-144, FLUORO-UR-144 and XLR-11.

(c) Any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:

(i) Alpha-pyrrolidinobutiophenone (alpha-PBP).

(ii) Alpha-pyrrolidinopropiophenone (alpha-PPP).

(iii) Alpha-pyrrolidinovalerophenone (alpha-PVP).

(iv) Amphetamine.

(v) Benzphetamine.

(vi) Benzylpiperazine (BZP).

(vii) Beta-keto-n-methylbenzodioxolylbutanamine (butylone).

(viii) Beta-keto-n-methylbenzodioxolylpentanamine (pentylone).

(ix) Butorphanol.

(x) Cathine ((+)-norpseudoephedrine).

(xi) Cathinomimetic substances which are any substances derived from cathinone, (2-amino-1-phenyl-1-propanone) by any substitution at the phenyl ring, any substitution at the 3 position, any substitution at the nitrogen atom or any combination of the above substitutions.

(xii) Cathinone.

(xiii) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).

(xiv) Chlorphentermine.

(xv) Clortermine.

(xvi) Diethylpropion.

(xvii) Dihydro-5h-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI).

(xviii) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E).

(xix) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D).

(xx) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine (2C-N).

(xxi) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).

(xxii) 2-(2,5-dimethoxyphenyl)ethanamine (2C-H).

(xxiii) Dimethylcathinone (metamfepramone).

(xxiv) Ethcathinone.

(xxv) 2-4-(ethylthio)-2,5-dimethoxyphenylethanamine (2C-T-2).

(xxvi) Fencamfamin.

(xxvii) Fenethylline.

(xxviii) Fenproporex.

(xxix) Fluoromethcathinone.

(xxx) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).

(xxxi) 2-4-(isopropylthio)-2,5-dimethoxyphenylethanamine (2C-T-4).

(xxxii) Mazindol.

(xxxiii) Mefenorex.

(xxxiv) Methamphetamine.

(xxxv) Methcathinone.

(xxxvi) Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).

(xxxvii) Methoxymethcathinone (methedrone).

(xxxviii) Methoxyphenethylamine mimetic substances which are any substances derived from 2, 5-dimethoxy-phenethylamine by any substitution at the phenyl ring, any substitution at the nitrogen atom or any combination of the above substitutions.

(xxxix) 4-methylaminorex.

(xl) Methyl-a-pyrrolidinobutiophenone (MPBP).

(xli) Methylenedioxy-alphapyrrolidinopropiophenone (MDPPP).

(xlii) Methylenedioxyethcathinone (ethylone).

(xliii) Methylenedioxymethcathinone (methylone).

(xliv) Methylenedioxypyrovalerone (MDPV).

(xlv) Methylmethcathinone (mephedrone).

(xlvi) Methylphenidate.

(xlvii) Modafinil.

(xlviii) Naphthylpyrovalerone (naphyrone).

(xlix) N-ethylamphetamine.

(l) N, N-dimethylamphetamine.

(li) Pemoline.

(lii) Phendimetrazine.

(liii) Phenmetrazine.

(liv) Phentermine.

(lv) Pipradol.

(lvi) Propylhexedrine.

(lvii) Pyrovalerone.

(lviii) Sibutramine.

(lix) Spa ((-)-1-dimethylamino-1,2-diphenylethane).

(d) Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(i) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, unless specifically excepted.

(ii) Alprazolam.

(iii) Bromazepam.

(iv) Camazepam.

(v) Carisoprodol.

(vi) Chloral betaine.

(vii) Chloral hydrate.

(viii) Chlordiazepoxide.

(ix) Chlorhexadol.

(x) Clobazam.

(xi) Clonazepam.

(xii) Clorazepate.

(xiii) Clotiazepam.

(xiv) Cloxazolam.

(xv) Delorazepam.

(xvi) Diazepam.

(xvii) Dichloralphenazone.

(xviii) Estazolam.

(xix) Ethchlorvynol.

(xx) Ethinamate.

(xxi) Ethyl loflazepate.

(xxii) Fenfluramine.

(xxiii) Fludiazepam.

(xxiv) Flunitrazepam.

(xxv) Flurazepam.

(xxvi) Gamma hydroxy butyrate.

(xxvii) Glutethimide.

(xxviii) Halazepam.

(xxix) Haloxazolam.

(xxx) Ketamine.

(xxxi) Ketazolam.

(xxxii) Loprazolam.

(xxxiii) Lorazepam.

(xxxiv) Lormetazepam.

(xxxv) Lysergic acid.

(xxxvi) Mebutamate.

(xxxvii) Mecloqualone.

(xxxviii) Medazepam.

(xxxix) Meprobamate.

(xl) Methaqualone.

(xli) Methohexital.

(xlii) Methyprylon.

(xliii) Midazolam.

(xliv) Nimetazepam.

(xlv) Nitrazepam.

(xlvi) Nordiazepam.

(xlvii) Oxazepam.

(xlviii) Oxazolam.

(xlix) Paraldehyde.

(l) Petrichloral.

(li) Phencyclidine.

(lii) Pinazepam.

(liii) Prazepam.

(liv) Scopolamine.

(lv) Sulfondiethylmethane.

(lvi) Sulfonethylmethane.

(lvii) Sulfonmethane.

(lviii) Quazepam.

(lix) Temazepam.

(lx) Tetrazepam.

(lxi) Tiletamine.

(lxii) Triazolam.

(lxiii) Zaleplon.

(lxiv) Zolazepam.

(lxv) Zolpidem.

(e) Any material, compound, mixture or preparation which contains any quantity of the following anabolic steroids and their salts, isomers or esters:

(i) Boldenone.

(ii) Clostebol (4-chlorotestosterone).

(iii) Dehydrochloromethyltestosterone.

(iv) Drostanolone.

(v) Ethylestrenol.

(vi) Fluoxymesterone.

(vii) Formebulone (formebolone).

(viii) Mesterolone.

(ix) Methandriol.

(x) Methandrostenolone (methandienone).

(xi) Methenolone.

(xii) Methyltestosterone.

(xiii) Mibolerone.

(xiv) Nandrolone.

(xv) Norethandrolon.

(xvi) Oxandrolone.

(xvii) Oxymesterone.

(xviii) Oxymetholone.

(xix) Stanolone (4-dihydrotestosterone).

(xx) Stanozolol.

(xxi) Testolactone.

(xxii) Testosterone.

(xxiii) Trenbolone.

7. “Deliver” means the actual, constructive or attempted exchange from one person to another, whether or not there is an agency relationship.

8. “Director” means the director of the department of health services.

9. “Dispense” means distribute, leave with, give away, dispose of or deliver.

10. “Drug court program” means a program that is established pursuant to § 13-3422 by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor.

11. “Drug dependent person” means a person who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological or physical dependence, or both, arising from the use of that substance.

12. “Federal act” has the same meaning prescribed in § 32-1901.

13. “Isoamidone” means any substance identified chemically as (4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3), or any salt of such substance, by whatever trade name designated.

14. “Isonipecaine” means any substance identified chemically as (1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester), or any salt of such substance, by whatever trade name designated.

15. “Ketobemidone” means any substance identified chemically as (4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl ketone hydrochloride), or any salt of such substance, by whatever trade name designated.

16. “Licensed” or “permitted” means authorized by the laws of this state to do certain things.

17. “Manufacture” means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling of containers. Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with applicable state and local laws and rules by a licensed practitioner incident to and in the course of his licensed practice.

18. “Manufacturer” means a person who manufactures a narcotic or dangerous drug or other substance controlled by this chapter.

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

20. “Narcotic drugs” means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:

(a) Acetyl-alpha-methylfentanyl.

(b) Acetylmethadol.

(d) Allylprodine.

(e) Alphacetylmethadol.

(f) Alphameprodine.

(g) Alphamethadol.

(h) Alpha-methylfentanyl.

(i) Alpha-methylthiofentanyl.

(j) Alphaprodine.

(k) Amidone (methadone).

(l) Anileridine.

(m) Benzethidine.

(n) Benzylfentanyl.

(o) Betacetylmethadol.

(p) Beta-hydroxyfentanyl.

(q) Beta-hydroxy-3-methylfentanyl.

(r) Betameprodine.

(s) Betamethadol.

(t) Betaprodine.

(u) Bezitramide.

(v) Buprenorphine and its salts.

(w) Cannabis.

(x) Carfentanil.

(y) Clonitazene.

(z) Coca leaves.

(aa) Dextromoramide.

(bb) Dextropropoxyphene.

(cc) Diampromide.

(dd) Diethylthiambutene.

(ee) Difenoxin.

(ff) Dihydrocodeine.

(gg) Dimenoxadol.

(hh) Dimepheptanol.

(ii) Dimethylthiambutene.

(jj) Dioxaphetyl butyrate.

(kk) Diphenoxylate.

(ll) Dipipanone.

(mm) Ethylmethylthiambutene.

(nn) Etonitazene.

(oo) Etoxeridine.

(pp) Fentanyl.

(qq) Furethidine.

(rr) Hydroxypethidine.

(ss) Isoamidone (isomethadone).

(tt) Pethidine (meperidine).

(uu) Ketobemidone.

(vv) Levomethorphan.

(ww) Levomoramide.

(xx) Levophenacylmorphan.

(yy) Levorphanol.

(zz) Metazocine.

(aaa) 3-methylfentanyl.

(bbb) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP).

(ccc) 3-methylthiofentanyl.

(ddd) Morpheridine.

(eee) Noracymethadol.

(fff) Norlevorphanol.

(ggg) Normethadone.

(hhh) Norpipanone.

(iii) Opium.

(jjj) Para-fluorofentanyl.

(kkk) Pentazocine.

(lll) Phenadoxone.

(mmm) Phenampromide.

(nnn) Phenazocine.

(ooo) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine (PEPAP).

(ppp) Phenomorphan.

(qqq) Phenoperidine.

(rrr) Piminodine.

(sss) Piritramide.

(ttt) Proheptazine.

(uuu) Properidine.

(vvv) Propiram.

(www) Racemethorphan.

(xxx) Racemoramide.

(yyy) Racemorphan.

(zzz) Remifentanil.

(aaaa) Sufentanil.

(bbbb) Thenylfentanyl.

(cccc) Thiofentanyl.

(dddd) Tilidine.

(eeee) Trimeperidine.

21. “Opium” means any compound, manufacture, salt, isomer, salt of isomer, derivative, mixture or preparation of the following, but does not include apomorphine or any of its salts:

(a) Acetorphine.

(b) Acetyldihydrocodeine.

(d) Codeine.

(e) Codeine methylbromide.

(f) Codeine-N-oxide.

(g) Cyprenorphine.

(h) Desomorphine.

(i) Dihydromorphine.

(j) Drotebanol.

(k) Ethylmorphine.

(l) Etorphine.

(m) Heroin.

(n) Hydrocodone.

(o) Hydromorphinol.

(p) Hydromorphone.

(q) Levo-alphacetylmethadol.

(r) Methyldesorphine.

(s) Methyldihydromorphine.

(t) Metopon.

(u) Morphine.

(v) Morphine methylbromide.

(w) Morphine methylsulfonate.

(x) Morphine-N-oxide.

(y) Myrophine.

(z) Nalorphine.

(aa) Nicocodeine.

(bb) Nicomorphine.

(cc) Normorphine.

(dd) Oxycodone.

(ee) Oxymorphone.

(ff) Pholcodine.

(gg) Thebacon.

(hh) Thebaine.

22. “Ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine product” means a product that contains ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine and that is all of the following:

(a) Approved for sale under the federal act.

(b) Labeled, advertised and marketed only for an indication that is approved by the federal food and drug administration.

(i) A nonliquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenlypropanolamine and that is packaged in blister packs containing not more than two dosage units or, if the use of blister packs is technically infeasible, that is packaged in unit dose packets or pouches.

(ii) A liquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine.

23. “Peyote” means any part of a plant of the genus lophophora, known as the mescal button.

24. “Pharmacy” means a licensed business where drugs are compounded or dispensed by a licensed pharmacist.

25. “Practitioner” means a person licensed to prescribe and administer drugs.

26. “Precursor chemical I” means any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:

(a) N-acetylanthranilic acid.

(b) Anthranilic acid.

(d) Ergotamine.

(e) Isosafrole.

(f) Lysergic acid.

(g) Methylamine.

(h) N-ethylephedrine.

(i) N-ethylpseudoephedrine.

(j) N-methylephedrine.

(k) N-methylpseudoephedrine.

(l) Norephedrine.

(m) (-)-Norpseudoephedrine.

(n) Phenylacetic acid.

(o) Phenylpropanolamine.

(p) Piperidine.

(q) Pseudoephedrine.

27. “Precursor chemical II” means any material, compound, mixture or preparation which contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:

(a) 4-cyano-2-dimethylamino-4, 4-diphenyl butane.

(b) 4-cyano-1-methyl-4-phenylpiperidine.

(d) Chlorpseudoephedrine.

(e) Ethyl-4-phenylpiperidine-4-carboxylate.

(f) 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.

(g) 1-methyl-4-phenylpiperidine-4-carboxylic acid.

(h) N-formyl amphetamine.

(i) N-formyl methamphetamine.

(j) Phenyl-2-propanone.

(k) 1-piperidinocyclohexane carbonitrile.

(l) 1-pyrrolidinocyclohexane carbonitrile.

28. “Prescription-only drug” does not include a dangerous drug or narcotic drug but means:

(a) Any drug which because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.

(b) Any drug that is limited by an approved new drug application under the federal act or § 32-1962 to use under the supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.

(d) Any drug required by the federal act to bear on its label the legend “Caution: Federal law prohibits dispensing without prescription” or “Rx only”.

29. “Produce” means grow, plant, cultivate, harvest, dry, process or prepare for sale.

30. “Regulated chemical” means the following substances in bulk form that are not a useful part of an otherwise lawful product:

(a) Acetic anhydride.

(b) Hypophosphorous acid.

(d) Sodium acetate.

(e) Red phosphorus.

(f) Gamma butyrolactone (GBL).

(g) 1, 4-butanediol.

(h) Butyrolactone.

(i) 1, 2 butanolide.

(j) 2-oxanalone.

(k) Tetrahydro-2-furanone.

(l) Dihydro-2(3H)-furanone.

(m) Tetramethylene glycol.

31. “Retailer” means either:

(a) A person other than a practitioner who sells any precursor chemical or regulated chemical to another person for purposes of consumption and not resale, whether or not the person possesses a permit issued pursuant to title 32, chapter 18. [FN1]

(b) A person other than a manufacturer or wholesaler who purchases, receives or acquires more than twenty-four grams of a precursor chemical.

32. “Sale” or “sell” means an exchange for anything of value or advantage, present or prospective.

33. “Sale for personal use” means the retail sale for a legitimate medical use in a single transaction to an individual customer, to an employer for dispensing to employees from first aid kits or medicine chests or to a school for administration pursuant to § 15-344.

34. “Scientific purpose” means research, teaching or chemical analysis.

35. “Suspicious transaction” means a transaction to which any of the following applies:

(a) A report is required under the federal act.

(b) The circumstances would lead a reasonable person to believe that any person is attempting to possess a precursor chemical or regulated chemical for the purpose of unlawful manufacture of a dangerous drug or narcotic drug, based on such factors as the amount involved, the method of payment, the method of delivery and any past dealings with any participant.

(c) The transaction involves payment for precursor or regulated chemicals in cash or money orders in a total amount of more than two hundred dollars.

(d) The transaction involves a sale, a transfer or furnishing to a retailer for resale without a prescription of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine that is not an ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine product.

36. “Threshold amount” means a weight, market value or other form of measurement of an unlawful substance as follows:

(a) One gram of heroin.

(b) Nine grams of cocaine.

(d) Four grams or 50 milliliters of PCP.

(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.

(f) Nine grams of amphetamine, including amphetamine in liquid suspension.

(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.

(h) Two pounds of marijuana.

(i) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of § 13-3420.

(j) For any unlawful substance not listed in subdivisions (a) through (h) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (h) of this paragraph, a value of at least one thousand dollars.

37. “Transfer” means furnish, deliver or give away.

38. “Vapor-releasing substance containing a toxic substance” means a material which releases vapors or fumes containing any of the following:

(a) Ketones, including acetone, methyl ethyl ketone, mibk, miak, isophorone and mesityl oxide.

(b) Hydrocarbons, including propane, butane, pentane, hexane, heptane and halogenated hydrocarbons.

(d) Pentachlorophenol.

(e) Chloroform.

(f) Methylene chloride.

(g) Trichloroethylene.

(h) Difluoroethane.

(i) Tetrafluoroethane.

(j) Aldehydes, including formaldehyde.

(k) Acetates, including ethyl acetate and butyl acetate.

(l) Aromatics, including benzene, toluene, xylene, ethylbenzene and cumene.

(m) Alcohols, including methyl alcohol, ethyl alcohol, isopropyl alcohol, butyl alcohol and diacetone alcohol.

(n) Ether, including Diethyl ether and petroleum ether.

(o) Nitrous oxide.

(p) Amyl nitrite.

(q) Isobutyl nitrite.

39. “Weight” unless otherwise specified includes the entire weight of any mixture or substance that contains a detectable amount of an unlawful substance. If a mixture or substance contains more than one unlawful substance, the weight of the entire mixture or substance is assigned to the unlawful substance that results in the greater offense. If a mixture or substance contains lysergic acid diethylamide, the offense that results from the unlawful substance shall be based on the greater offense as determined by the entire weight of the mixture or substance or the number of blotter dosage units. For the purposes of this paragraph, “mixture” means any combination of substances from which the unlawful substance cannot be removed without a chemical process.

40. “Wholesaler” means a person who in the usual course of business lawfully supplies narcotic drugs, dangerous drugs, precursor chemicals or regulated chemicals that he himself has not produced or prepared, but not to a person for the purpose of consumption by the person, whether or not the wholesaler has a permit that is issued pursuant to title 32, chapter 18. Wholesaler includes a person who sells, delivers or dispenses a precursor chemical in an amount or under circumstances that would require registration as a distributor of precursor chemicals under the federal act.

CREDIT(S)

Added by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981. Amended by Laws 1982, Ch. 237, § 1; Laws 1986, Ch. 132, § 1; Laws 1987, Ch. 307, § 13; Laws 1988, Ch. 207, § 1, eff. June 14, 1988; Laws 1989, Ch. 126, § 1; Laws 1989, Ch. 148, § 1; Laws 1990, Ch. 222, § 1; Laws 1993, Ch. 255, § 38, eff. Jan. 1, 1994; Laws 1997, Ch. 104, § 3; Laws 1997, Ch. 209, § 1; Laws 1998, Ch. 281, § 5; Laws 1998, Ch. 287, § 3; Laws 1999, Ch. 15, § 1; Laws 1999, Ch. 22, § 4; Laws 2000, Ch. 50, § 3; Laws 2001, Ch. 334, § 12; Laws 2003, Ch. 256, § 8; Laws 2005, Ch. 241, § 1; Laws 2010, Ch. 203, § 1; Laws 2011, Ch. 6, § 1, eff. Feb. 18, 2011; Laws 2012, Ch. 1, § 1, eff. Feb. 16, 2012; Laws 2013, Ch. 28, § 1, eff. April 3, 2013.

[FN1] Section 32-1901 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3402

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3402. Possession and sale of peyote; classification

A. A person who knowingly possesses, sells, transfers or offers to sell or transfer peyote is guilty of a class 6 felony.

B. In a prosecution for violation of this section, it is a defense that the peyote is being used or is intended for use:

1. In connection with the bona fide practice of a religious belief, and

2. As an integral part of a religious exercise, and

3. In a manner not dangerous to public health, safety or morals.

CREDIT(S)

Added by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3403

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3403. Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification

A. A person shall not knowingly:

1. Breathe, inhale or drink a vapor-releasing substance containing a toxic substance.

2. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age.

3. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation.

B. A person making a sale or transfer of a vapor-releasing glue containing a toxic substance shall require identification of the purchaser and shall record:

1. The name of the glue.

2. The date and hour of delivery.

3. The intended use of the glue.

4. The signature and address of the purchaser.

5. The signature of the seller or deliverer.

Such record shall be kept for three years and be available to board inspectors and peace officers.

C. The operator of a commercial establishment shall keep all vapor-releasing glue containing a toxic substance in a place that is unavailable to customers without the assistance of the operator or an employee of the establishment.

D. The operator of a commercial establishment selling vapor-releasing paints and varnishes containing a toxic substance dispensed by the use of any aerosol spray device shall conspicuously display an easily legible sign of not less than eleven by fourteen inches which states: “Warning: inhalation of vapors can be dangerous”.

E. This section is not applicable to the transfer of a vapor-releasing substance containing a toxic substance from a parent or guardian to his child or ward, or the sale or transfer made for manufacturing or industrial purposes.

F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to substances certified by the department of health services as containing an additive that inhibits inhalation or induces sneezing.

G. A person who violates any provision of this section is guilty of a class 5 felony, but the court, having regard to the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title [FN1] and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court enters an order designating the offense a misdemeanor.

H. For the purposes of subsections A and E, “vapor-releasing substance containing a toxic substance” means paint or varnish dispensed by the use of aerosol spray, or any glue, that releases vapors or fumes containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride, mesityl oxide, xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or diacetone alcohol or isobutyl nitrite.

CREDIT(S)

Added by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981. Amended by Laws 1983, Ch. 48, § 1; Laws 1989, Ch. 12, § 1; Laws 2010, Ch. 203, § 2.

[FN1] Section 13-901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3403.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3403.01. Nitrous oxide containers; sale to minors; classification

A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee.

B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:

1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.

2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.

CREDIT(S)

Added by Laws 2001, Ch. 145, § 1, eff. April 18, 2001.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3403.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

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

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

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

3. An armed forces identification card.

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

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

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

C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish a nitrous oxide container contrary to § 13-3403. 01 is guilty of a class 1 misdemeanor.

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

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

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

G. For purposes of this section, “nitrous oxide container” means any container or canister exclusively containing nitrous oxide.

CREDIT(S)

Added by Laws 2001, Ch. 145, § 1, eff. April 18, 2001.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3404

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3404. Sale of precursor or regulated chemicals; report; exemptions; violation; classification

A. A manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state shall submit a report to the department of public safety of all of those transactions.

B. The department of public safety shall provide a common reporting form which contains at least the following information:

1. The name of the substance.

2. The proprietary name of the product, if any.

3. The quantity of the substance sold, transferred or furnished.

4. The date the substance is to be sold, transferred or furnished.

5. The name and address of the person buying or receiving the substance.

6. The name and address of the manufacturer, wholesaler, retailer or other person selling, transferring or furnishing the substance.

C. A manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes a precursor chemical or regulated chemical to a person in this state, not less than twenty-one days before delivery of the substance, shall submit a report of the transaction to the department of public safety, except that the department of public safety may authorize the submission of the reports on a monthly basis with respect to repeated, regular transactions between the furnisher and the recipient involving the same substance if the department of public safety determines that both of the following exist:

1. A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes such substance and the recipient of the substance.

2. The recipient has established a record of utilization of the substance for lawful purposes.

D. A manufacturer, wholesaler, retailer or other person who receives from a source outside of this state any precursor chemical or regulated chemical shall submit a report of such transaction to the department of public safety in accordance with rules adopted by that department.

E. Subsections A, B, C and D do not apply to any of the following:

1. The sale, transfer or furnishing of ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products.

2. The sale for personal use of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products totaling four packages or less.

3. The sale, transfer or furnishing of a precursor chemical or regulated chemical by a wholesaler or manufacturer if both parties to the transaction possess a valid and current permit issued pursuant to title 32, chapter 18 [FN1] and a valid and current precursor list I chemical distributor registration or controlled substance distributor registration issued pursuant to the federal act.

F. Any manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state in a suspicious transaction shall report the transaction in writing to the department of public safety.

G. A person who is regulated by the provisions of this chapter and who discovers the theft, disappearance or other loss of any precursor chemical II or regulated chemical or the excessive or unusual loss of any precursor chemical I shall report the theft or loss in writing to the department of public safety within three days after such discovery. Any difference between the quantity of any precursor chemical II or regulated chemical received and the quantity shipped and any excessive or unusual loss of any precursor chemical I shipped shall be reported in writing to the department of public safety within three days of actual knowledge of the discrepancy. A report made pursuant to this subsection shall also include the name of the common carrier or person who transports the substance and the date of shipment of the substance.

H. Any manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state shall maintain records as described in subsection B relating to all such transactions for not less than two years, except that this requirement does not apply to sales for personal use of ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine products by a permitted retailer. These records shall be open for inspection and copying by peace officers in the performance of their duties. A peace officer shall not divulge pricing information obtained pursuant to this subsection except in connection with a prosecution, investigation, judicial proceeding or administrative proceeding or in response to a judicial order.

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

1. The sale, transfer or furnishing to or by any practitioner or any pharmacist acting pursuant to a prescription.

2. The sale, transfer or furnishing to or by a hospital, long-term health care provider or managed health care provider or any other licensed or permitted health care provider that administers or dispenses precursor chemical I medication under the supervision of a practitioner.

3. The sale, transfer or furnishing of iodine either:

(a) In an amount of two ounces or less by weight.

(b) To a licensed or permitted wholesaler, health care facility, pharmacy or practitioner.

4. The sale, transfer or furnishing of red phosphorous in an amount of less than four ounces.

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

6. The sale, transfer or furnishing of dietary supplements if all of the following apply:

(a) The dietary supplements are not otherwise prohibited by law.

(b) The dietary supplements contain naturally occurring ephedrine, ephedrine alkaloids or pseudoephedrine, or their salts, isomers or salts of isomers, or a combination of these substances that both:

(i) Are contained in the matrix of organic material in which they naturally occur.

(ii) Do not exceed five per cent of the total weight of the natural product.

(c) The dietary supplements are manufactured and distributed for legitimate use in a manner that reduces or eliminates the likelihood of abuse.

(d) The dietary supplements are labeled in compliance with the dietary supplement health and education act of 1994 (21 United States Code § 321).

J. The department of public safety shall grant an exemption from the reporting requirements under subsection C to any person who supplies a precursor chemical or regulated chemical if the person can demonstrate to the department's satisfaction that the recipient requires the substance for a lawful purpose and that special circumstances prevent the supplier from reporting the transaction to the department twenty-one days or more before delivery.

K. The director of the department of public safety may adopt rules to carry out the provisions of this section which are not inconsistent with the statutes of this state.

L. A permitted manufacturer, wholesaler or retailer who sells, transfers or otherwise furnishes any precursor chemical or regulated chemical to any person in this state may satisfy the reporting or record keeping requirements of this section by submitting to the department of public safety either:

1. Computer readable data from which all of the required information may be derived.

2. Copies of reports that are filed pursuant to federal law and that contain all of the information required by this section.

M. This chapter does not preclude any person, including a licensee, permittee, manufacturer, wholesaler or retailer, from instituting contact with and disclosing transactions or transaction records to appropriate federal, state or local law enforcement agencies if the person has information that may be relevant to a possible violation of any criminal statute or to the evasion or attempted evasion of any reporting or record keeping requirement of this chapter.

N. Any person, including a licensee, permittee, manufacturer, wholesaler or retailer or any officer, employee or agent of any licensee, permittee, manufacturer, wholesaler or retailer, that keeps or files a record as prescribed by this section or that communicates or discloses information or records under this section is not liable to its customer, a state or local agency or any person for any loss or damage caused in whole or in part by the making, filing or governmental use of the report or any information contained in that report.

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

P. It is unlawful for a person to knowingly:

1. Fail to submit a report that is required by this section.

2. Fail to maintain a record that is required by this section.

3. Furnish false information or omit any material information in any report or record that is required by this section.

4. Cause another person to furnish false information or to omit any material information in any report or record that is required by this section.

5. Participate in any wholesale or retail transaction or series of transactions that is structured by a person with the intent to avoid the filing by any party to the transaction of any report that is required by this section.

Q. A person who violates subsection P, paragraph 3, 4 or 5 is guilty of a class 5 felony. A person who violates subsection P, paragraph 1 or 2 is guilty of a class 6 felony.

CREDIT(S)

Added as § 13-3404.01 by Laws 1986, Ch. 132, § 3. Renumbered as § 13-3404 and amended by Laws 1987, Ch. 307, § 15. Amended by Laws 1999, Ch. 15, § 2, eff. Oct. 1, 1999.

[FN1] Section 32-1901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3404.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

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

1. Knowingly possess a precursor chemical II.

2. Knowingly possess more than twenty-four grams of pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine without a license or permit issued pursuant to title 32, chapter 18. [FN1]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. A violation of subsection A, paragraph 1 or 6 is a class 2 felony. A violation of subsection A, paragraph 2, 3, 4, 5, 7, 9, 11 or 12 is a class 5 felony. A violation of subsection A, paragraph 8 or 10 is a class 6 felony. A violation of subsection B, D or E is a class 5 felony. A violation of subsection C is a class 5 felony, except that if the violation involves less than a total of fifty grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine, the first violation is a class 2 misdemeanor and the second violation is a class 1 misdemeanor. An enterprise is not criminally accountable for a violation of subsection C unless the conduct constituting the offense is engaged in, authorized, commanded or recklessly tolerated by the directors of the enterprise in any manner or by a high managerial agent acting within the scope of employment.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 16. Amended by Laws 1999, Ch. 15, § 3, eff. Oct. 1, 1999; Laws 2005, Ch. 327, § 4.

[FN1] Section 32-1901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3405

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana.

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.

B. A person who violates:

1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.

3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.

4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.

5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.

6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.

7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.

8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.

9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 3 felony.

10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.

11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.

C. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN1] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

E. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.

F. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

G. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

H. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 18. Amended by Laws 1988, Ch. 194, § 2; Laws 1990, Ch. 366, § 7; Laws 1990, Ch. 366, § 8, eff. July 2, 1994; Laws 1993, Ch. 255, § 39, eff. Jan. 1, 1994; Laws 1993, Ch. 255, § 40, eff. July 2, 1994; Laws 1994, Ch. 236, §§ 9, 10; Laws 1996, Ch. 217, § 1; Laws 2005, Ch. 187, § 17, eff. Jan. 1, 2006; Laws 2010, Ch. 194, § 6.

[FN1] Section 13-801 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3406

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

A. A person shall not knowingly:

1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 [FN1] or is similarly licensed in another state.

2. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, [FN2] 21, 25 or 29, possess a prescription-only drug for sale.

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

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

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

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

7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription-only drug.

B. A person who violates:

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

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

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

D. A person who is convicted of a felony violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

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

CREDIT(S)

Added by Laws 1987, Ch. 307, § 18. Amended by Laws 1988, Ch. 194, § 3; Laws 1990, Ch. 366, § 9; Laws 1990, Ch. 366, § 10, eff. July 2, 1994; Laws 1991, Ch. 316, § 6, eff. July 3, 1991; Laws 2001, Ch. 334, § 13; Laws 2005, Ch. 187, § 18, eff. Jan. 1, 2006.

[FN1] Chapter 7, § 32-801 et seq.; Chapter 11, § 32-1201 et seq.; Chapter 13, § 32-1401 et seq.; Chapter 14, § 32-1501 et seq.; Chapter 15, § 32-1601 et seq.; Chapter 16, § 32-1701 et seq.; Chapter 17, § 32-1800 et seq.; Chapter 21, § 32-2201 et seq.; Chapter 25, § 32-2501 et seq.; Chapter 29, § 32-2901 et seq.

[FN2] Chapter 18 is at § 32-1901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3407

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.

4. Manufacture a dangerous drug.

5. Administer a dangerous drug to another person.

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

7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.

B. A person who violates:

1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or § 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or § 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title [FN1] and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.

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

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.

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

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

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

C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to § 13-703, § 13-704, § 13-706, subsection A, § 13-708, subsection D or any other law making the convicted person ineligible for probation is eligible for probation.

D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced as follows:

Minimum

Presumptive

Maximum

5 calendar years

10 calendar years

15 calendar years

A person who has previously been convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section involving methamphetamine or § 13-3407.01 shall be sentenced as follows:

Minimum

Presumptive

Maximum

10 calendar years

15 calendar years

20 calendar years

F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person's consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

H. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN2] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

I. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

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

K. The presumptive term imposed pursuant to subsection E of this section may be mitigated or aggravated pursuant to § 13-701, subsections D and E.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 20. Amended by Laws 1988, Ch. 194, § 4; Laws 1989, Ch. 12, § 2; Laws 1990, Ch. 366, § 11; Laws 1990, Ch. 366, § 12, eff. July 2, 1994; Laws 1991, Ch. 316, §§ 7, 8; Laws 1992, Ch. 319, § 4, eff. July 2, 1994; Laws 1993, Ch. 255, § 41, eff. Jan. 1, 1994; Laws 1993, Ch. 255, § 42, eff. July 2, 1994; Laws 1996, Ch. 217, § 2; Laws 1997, Ch. 209, § 2; Laws 2001, Ch. 334, § 14; Laws 2005, Ch. 187, § 19, eff. Jan. 1, 2006; Laws 2005, Ch. 327, § 5; Laws 2008, Ch. 301, § 72, eff. Jan. 1, 2009; Laws 2011, Ch. 90, § 15.

[FN1] Section 13-901 et seq.

[FN2] Section 13-801 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3407.01

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

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

B. A person who violates this section is guilty of a class 2 felony and is punishable as provided by § 13-705.

CREDIT(S)

Added by Laws 2005, Ch. 327, § 6. Amended by Laws 2008, Ch. 301, § 73, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3408

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification

A. A person shall not knowingly:

1. Possess or use a narcotic drug.

2. Possess a narcotic drug for sale.

3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.

4. Manufacture a narcotic drug.

5. Administer a narcotic drug to another person.

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

7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.

B. A person who violates:

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

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

3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony.

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

5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.

6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.

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

C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of this section and who has not previously been convicted of any felony or who has not been sentenced pursuant to § 13-703, § 13-704, subsection A, B, C, D or E, § 13-706, subsection A, § 13-708, subsection D or any other provision of law making the convicted person ineligible for probation is eligible for probation.

D. If the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

E. A person who is convicted of a violation of subsection A, paragraph 4 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted.

F. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN1] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

G. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

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

CREDIT(S)

Added by Laws 1987, Ch. 307, § 22. Amended by Laws 1988, Ch. 194, § 5; Laws 1990, Ch. 366, § 13; Laws 1990, Ch. 366, § 14, eff. July 2, 1994; Laws 1993, Ch. 255, § 43, eff. Jan. 1, 1994; Laws 1993, Ch. 255, § 44, eff. July 2, 1994; Laws 1996, Ch. 217, § 3; Laws 2005, Ch. 187, § 20, eff. Jan. 1, 2006; Laws 2008, Ch. 301, § 74, eff. Jan. 1, 2009.

[FN1] Section 13-801 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3409

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3409. Involving or using minors in drug offenses; classification

A. A person shall not knowingly:

1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by §§ 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408.

2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by §§ 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.

B. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to § 13-705, subsection C.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the substance involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN1] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 24. Amended by Laws 1993, Ch. 255, § 45, eff. Jan. 1, 1994; Laws 1997, Ch. 179, § 3; Laws 1998, Ch. 281, § 6; Laws 2008, Ch. 301, § 75, eff. Jan. 1, 2009.

[FN1] Section 13-801 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3410

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3410. Serious drug offender; sentencing; definitions

A. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of a pattern of engaging in conduct prohibited by this chapter, which constituted a significant source of the person's income, shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.

B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of the person's association with and participation in the conduct of an enterprise as defined in § 13-2301, subsection D, paragraph 2, which is engaged in dealing in substances controlled by this chapter, and who organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.

C. A person commits an offense as part of a pattern of engaging in conduct prohibited by this chapter if the person's conduct involves at least three criminal acts that have the same or similar purposes, results, participants, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.

D. For the purposes of this section:

1. “Serious drug offense” means any violation of, including any attempt or conspiracy to commit a violation of, § 13-3404.01, § 13-3405, subsection A, paragraphs 2 through 4, § 13-3407, subsection A, paragraphs 2 through 7 or § 13-3408, subsection A, paragraphs 2 through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs having a weight that equals or exceeds the statutory threshold amount, a felony violation of § 13-3406 or any violation of § 13-3409.

2. “Significant source of income” means a source of income that exceeds twenty-five thousand dollars received during a calendar year without reference to any exceptions, reductions or setoffs.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 24. Amended by Laws 1993, Ch. 255, § 46, eff. Jan. 1, 1994; Laws 1994, Ch. 236, § 11; Laws 1996, Ch. 217, § 4; Laws 2006, Ch. 147, § 1.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3411

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

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

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

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

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

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

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. [FN1] A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

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

E. The drug free school zone map prepared pursuant to title 15 shall constitute an official record as to the location and boundaries of each drug free school zone. The school district's governing board or its designee, or the chief administrative officer in the case of any nonpublic school, shall promptly notify the county attorney of any changes in the location and boundaries of any school property and shall file with the county recorder the original map prepared pursuant to title 15. [FN2]

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

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

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

I. For the purposes of this section:

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

2. “School” means any public or nonpublic kindergarten program, common school or high school.

CREDIT(S)

Added by Laws 1987, Ch. 307, § 24. Amended by Laws 1988, Ch. 194, § 6; Laws 1990, Ch. 366, § 15; Laws 1992, Ch. 196, § 1; Laws 1993, Ch. 255, § 47, eff. Jan. 1, 1994; Laws 1997, Ch. 209, § 3; Laws 1999, Ch. 261, § 25; Laws 2008, Ch. 301, § 76, eff. Jan. 1, 2009; Laws 2011, Ch. 90, § 16.

[FN1] Section 13-801 et seq.

[FN2] Section 15-101 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3412

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3412. Exceptions and exemptions; burden of proof; privileged communications

A. The provisions of §§ 13-3402 and 13-3403, § 13-3404.01, subsection A, paragraph 1 and §§ 13-3405 through 13-3409 do not apply to:

1. Manufacturers, wholesalers, pharmacies and pharmacists under the provisions of §§ 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire and use such drugs only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of the United States or this state, while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection, and a registered nurse or medical technician under the supervision of a medical practitioner, while such employee, agent, nurse or technician is acting in the course of professional practice or employment, and not on his own account.

6. A common or contract carrier or warehouseman, or an employee of such carrier or warehouseman, whose possession of drugs is in the usual course of business or employment.

7. Persons lawfully in possession or control of controlled substances authorized by title 36, chapter 27. [FN1]

8. The receipt, possession or use, of a controlled substance included in schedule I of § 36-2512, by any seriously ill or terminally ill patient, pursuant to the prescription of a doctor in compliance with the provisions of § 13-3412.01.

B. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this chapter the burden of proof of any such exception, excuse, defense or exemption is on the defendant.

C. In addition to other exceptions to the physician-patient privilege, information communicated to a physician in an effort to procure unlawfully a prescription-only, dangerous or narcotic drug, or to procure unlawfully the administration of such drug, is not a privileged communication.

CREDIT(S)

Added as § 13-3407 by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981. ,Renumbered as § 13-3412 and amended by Laws 1987, Ch. 307, §§ 19, 25. Amended by Initiative Measure approved election Nov. 5, 1996, eff. Dec. 6, 1996; Laws 1999, Ch. 15, § 4.

[FN1] Section 36-2501 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3412.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 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 § 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 § 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 § 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 § 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.

CREDIT(S)

Added by Initiative Measure approved election Nov. 5, 1996, eff. Dec. 6, 1996. Amended by Laws 2002, Ch. 254, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3413

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3413. Forfeiture and disposition of drugs and evidence

A. The following items used or intended for use in violation of this chapter are subject to seizure and forfeiture pursuant to chapter 39 of this title: [FN1]

1. Property, equipment, containers, chemicals, materials, money, books, records, research products, formulas, microfilm, tapes and data.

2. Vapor-releasing substances containing a toxic substance.

3. Vehicles to transport or in any manner facilitate the transportation, sale or receipt of, or in which is contained or possessed, any item or drug, except as provided in chapter 39 of this title.

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 this chapter and that is committed for financial gain.

2. All proceeds seized in this state and traceable to an offense that:

(a) 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 this chapter if the offense occurred in this state.

(b) Is punishable by imprisonment for more than one year.

(d) Is committed for financial gain.

C. Peyote, dangerous drugs, prescription-only drugs, marijuana, narcotic drugs and plants from which such drugs may be derived which are seized in connection with any violation of this chapter or which come into the possession of a law enforcement agency are summarily forfeited.

D. When seizures of marijuana are made in excess of ten pounds or seizures of any other substance specified in subsection C of this section are made in excess of one pound in connection with any violation of this chapter the responsible law enforcement agency may retain ten pounds of the marijuana or one pound of the other substance randomly selected from the seized quantity for representation purposes as evidence. The agency may destroy the remainder of the seized marijuana or substance. Before any destruction is carried out, the responsible law enforcement agency shall photograph the material seized with identifying case numbers or other means of identification and prepare a report, identifying the seized material. The responsible law enforcement agency shall notify in writing any person arrested for a violation of this chapter or the attorney for the person at least twenty-four hours in advance that such photography will take place and that such person or the person's attorney may be present at such photographing of the seized material. In addition to the amount of marijuana or other substance retained for representation purposes as evidence, all photographs and records made under this section and properly identified are admissible in any court proceeding for any purpose for which the seized marijuana or substance itself would be admissible. Evidence retained after trial shall be disposed of pursuant to the rules of criminal procedure, rule 28.

E. If a seizure is made of chemicals used for the manufacture of a narcotic drug or dangerous drug as defined by § 13-3401 in connection with a violation of this title, the seizing agency may apply to a magistrate or superior court judge in the application for the search warrant or as soon as reasonable after the seizure for an order allowing the proper disposal or destruction of the substances, on a showing to the magistrate or superior court judge by affidavit of both of the following:

1. The substances pose a significant safety hazard to life or property because of their explosive, flammable, poisonous or otherwise toxic nature.

2. No adequate and safe storage facility is reasonably available to the seizing agency.

F. On a proper showing pursuant to subsection E of this section, the magistrate or superior court judge shall order the substances to be properly destroyed if the containers are first photographed. In addition the magistrate or superior court judge may order that the chemicals be sampled and the samples preserved, unless the court finds either:

1. Sampling would be unnecessary or unsafe.

2. The chemicals are in labeled or factory sealed containers.

CREDIT(S)

Added as § 13-3409 by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981. Amended by Laws 1983, Ch. 258, § 1; Laws 1986, Ch. 12, § 1; Laws 1986, Ch. 256, § 7. Renumbered as § 13-3413 and amended by Laws 1987, Ch. 307, §§ 23, 26. Amended by Laws 1994, Ch. 219, § 5.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3414

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3414. Notice of conviction to be sent to licensing board; suspension or revocation of license or registration

On the conviction of a person of an offense in this chapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion is filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice a profession or to carry on a business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice the profession or to carry on the business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, such board or officer may reinstate the license or registration.

CREDIT(S)

Added as § 13-3410 by Laws 1981, Ch. 264, § 8, eff. Sept. 1, 1981. Renumbered as § 13-3414 by Laws 1987, Ch. 307, § 23.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3415

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

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

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

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

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

D. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. [FN1] The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

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

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

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

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

4. The proximity of the object to drugs.

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

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

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

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

9. National and local advertising concerning its use.

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

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

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

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

14. Expert testimony concerning its use.

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

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

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

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

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

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

(d) Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.

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

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

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

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

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

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

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

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

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

(ii) Water pipes.

(iii) Carburetion tubes and devices.

(iv) Smoking and carburetion masks.

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

(vi) Miniature cocaine spoons and cocaine vials.

(vii) Chamber pipes.

(viii) Carburetor pipes.

(ix) Electric pipes.

(x) Air-driven pipes.

(xi) Chillums.

(xii) Bongs.

(xiii) Ice pipes or chillers.

CREDIT(S)

Added as § 13-3411 by Laws 1982, Ch. 216, § 1. Amended by Laws 1986, Ch. 256, § 8. Renumbered as § 13-3415 and amended by Laws 1987, Ch. 307, §§ 23, 27. Amended by Laws 1996, Ch. 217, § 5.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3416

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3416. Probationer; payment of costs

In addition to any other fines or assessments, persons placed on probation for a violation of this chapter with a condition to participate in community restitution, drug testing or antidrug abuse education may be required by the court to pay any reasonable costs associated with participation in these programs.

CREDIT(S)

Added by Laws 1988, Ch. 194, § 7. Amended by Laws 2005, Ch. 187, § 21, eff. Jan. 1, 2006.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3417

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 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. [FN1]

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.

CREDIT(S)

Added by Laws 1990, Ch. 366, § 16. Amended by Laws 1997, Ch. 209, § 4; Laws 2000, Ch. 189, § 24.

[FN1] Sections 13-3401 et seq.; 13-2301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3418

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3418. Ineligibility to receive public benefits; restoration; definition

A. On conviction of any offense in this chapter, [FN1] the court may render the person who is convicted ineligible to receive any public benefits. The court shall determine the length of time that shall elapse before the person's eligibility is restored.

B. The court shall not deny any public benefit otherwise directly or indirectly available to any innocent person nor shall the court deny any public benefit if such denial is in conflict with the laws of the United States.

C. For the purposes of this section, “public benefits” includes any money or services provided by this state for scholarships or tuition waivers granted for state funded universities or community colleges, welfare benefits, public housing or other subsidies but does not include benefits available for drug abuse treatment, rehabilitation or counseling programs.

CREDIT(S)

Added by Laws 1990, Ch. 366, § 16.

[FN1] Section 13-3401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3419

Effective: July 10, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3419. Multiple drug offenses not committed on the same occasion; sentencing

A. Except for a person convicted of possession offenses pursuant to § 13-3405, subsection A, paragraph 1, § 13-3407, subsection A, paragraph 1 or § 13-3408, subsection A, paragraph 1, a person who is convicted of two or more offenses under this chapter that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions shall be sentenced for the second or subsequent offense pursuant to this section. The person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07 or the sentence is commuted, except that a person sentenced pursuant to paragraph 1 of this subsection shall be eligible for probation. The presumptive term for paragraph 1, 2, 3 or 4 of this subsection may be aggravated under this section pursuant to § 13-701, subsections C and D. The presumptive term for paragraph 1, 2 or 3 of this subsection may be mitigated within the range under this section pursuant to § 13-701, subsections C and E. The terms are as follows:

1. For two offenses for which the aggregate amount of drugs involved in one offense or both of the offenses is less than the statutory threshold amount for the second offense:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

3 years

4 years

5 years

10 years

12.5 years

Class 3

1.8 years

2.5 years

3.5 years

7 years

8.7 years

Class 4

1.1 years

1.5 years

2.5 years

3 years

3.7 years

Class 5

.5 years

.75 years

1.5 years

2 years

2.5 years

2. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses is less than the statutory threshold amount for any offense subsequent to the second offense:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

3 years

4 years

5 years

10 years

12.5 years

Class 3

1.8 years

2.5 years

3.5 years

7 years

8.7 years

Class 4

1.1 years

1.5 years

2.5 years

3 years

3.7 years

Class 5

.5 years

.75 years

1.5 years

2 years

2.5 years

3. For two offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for the second offense:

Felony

Mitigated

Minimum

Presumptive

Maximum

Aggravated

Class 2

3 years

4 years

5 years

10 years

12.5 years

Class 3

1.8 years

2.5 years

3.5 years

7 years

8.7 years

Class 4

1.1 years

1.5 years

2.5 years

3 years

3.7 years

Class 5

.5 years

.75 years

1.5 years

2 years

2.5 years

4. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for any offense subsequent to the second offense:

Felony

Minimum

Presumptive

Maximum

Aggravated

Class 2

4 years

7 years

12 years

15 years

Class 3

2.5 years

5 years

9 years

11.2 years

Class 4

1.5 years

3 years

5 years

6.2 years

Class 5

.75 years

2.5 years

4 years

5 years

B. If the court increases or decreases a sentence pursuant to this section, the court shall state on the record the reasons for the increase or decrease.

C. The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.

CREDIT(S)

Added by Laws 1993, Ch. 255, § 48, eff. Jan. 1, 1994. Amended by Laws 1994, Ch. 236, § 12; Laws 1996, Ch. 123, § 3; Laws 1996, Ch. 217, § 6; Laws 1999, Ch. 261, § 26; Laws 2008, Ch. 301, § 77, eff. Jan. 1, 2009; Laws 2009, Ch. 82, § 8, eff. July 10, 2009.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3420

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3420. Unlawful substances; threshold amounts

For purposes of determining if the threshold amount is equaled or exceeded in any single offense or combination of offenses, a percentage of each substance listed by weight in § 13-3401, or any fraction thereof to its threshold amount shall be established. The percentages shall be added to determine if the threshold amount is equaled or exceeded. If the total of the percentages established equals or exceeds one hundred per cent, the threshold amount is equaled or exceeded. If the threshold amount is equaled or exceeded because of the application of this subsection, the person shall be sentenced as if the combination of unlawful substances consisted entirely of the unlawful substance of the greatest proportionate amount. If there are equal proportionate amounts, the person shall be sentenced as if the unlawful substances consisted entirely of the unlawful substance constituting the highest class of offense.

CREDIT(S)

Added by Laws 1993, Ch. 255, § 48, eff. Jan. 1, 1994. Amended by Laws 1994, Ch. 236, § 13; Laws 1999, Ch. 15, § 5.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3421

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Added as § 13-3419 by Laws 1993, Ch. 161, § 1. Renumbered as § 13-3421.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3422

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3422. Drug court program; establishment; participation

A. The presiding judge of the superior court in each county may establish a drug court program as defined in § 13-3401.

B. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense under this chapter, including preparatory offenses.

C. A defendant may be admitted into the drug court program prior to a guilty plea or a trial only on the agreement of the court and the prosecutor.

D. A defendant is not eligible for entry into the drug court program pursuant to subsections F and H of this section if any of the following applies:

1. The defendant has been convicted of a serious offense as defined in § 13-706.

2. The defendant has been convicted of an offense under chapter 14 of this title. [FN1]

3. The defendant has been convicted of a dangerous offense.

4. The defendant has completed or previously been terminated from a drug court program other than a juvenile drug court program.

5. The defendant has completed or previously been terminated from a drug diversion program other than a juvenile drug diversion program for an offense in violation of this chapter.

E. For the purposes of subsection D of this section, the age of the conviction does not matter.

F. Notwithstanding any law to the contrary, if a defendant who is assigned to the drug court program is subsequently found guilty of the offense and probation is otherwise available, the court, without entering a judgment of guilt and with the concurrence of the defendant, may defer further proceedings and place the defendant on probation. The terms and conditions of probation shall provide for the treatment of the drug dependent person and shall include any other conditions and requirements that the court deems appropriate, including the imposition of a fine, payment of fees and any other terms and conditions as provided by law which are not in violation of § 13-901.01.

G. If the defendant is placed on probation pursuant to subsection F of this section and the defendant violates a term or condition of probation, the court may terminate the defendant's participation in the drug court program, enter an adjudication of guilt and revoke the defendant's probation.

H. If the defendant is convicted of an offense listed in subsection I of this section and is placed on probation pursuant to subsection F of this section, on fulfillment of the terms and conditions of probation, the court may discharge the defendant and dismiss the proceedings against the defendant or may dispose of the case as provided by law.

I. A defendant is eligible for dismissal of proceedings as provided in subsection H of this section if the defendant is convicted of any of the following offenses:

1. Possession or use of marijuana in violation of § 13-3405, subsection A, paragraph 1.

2. Possession or use of a prescription-only drug in violation of § 13-3406, subsection A, paragraph 1.

3. Possession or use of a dangerous drug in violation of § 13-3407, subsection A, paragraph 1.

4. Possession or use of a narcotic drug in violation of § 13-3408, subsection A, paragraph 1.

5. Possession or use of drug paraphernalia in violation of § 13-3415, subsection A.

6. Any preparatory offense, as prescribed in chapter 10 of this title, to an offense listed in this subsection.

J. If the defendant is placed on probation pursuant to subsection F of this section and the defendant fails to fulfill the terms and conditions of probation, the court shall enter an adjudication of guilt and sentence the defendant as provided by law.

K. If a defendant chooses not to participate in the drug court program, the defendant shall be prosecuted as provided by law.

L. This section does not prohibit the presiding judge of the superior court from establishing a drug court program other than as defined in § 13-3401 with other terms and conditions, including requiring a defendant to participate in a drug court program subsequent to the entry of judgment of guilt and sentencing.

CREDIT(S)

Added by Laws 1998, Ch. 287, § 5. Amended by Laws 1999, Ch. 22, § 5; Laws 2008, Ch. 301, § 78, eff. Jan. 1, 2009.

[FN1] Section 13-1401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3423

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34. Drug Offenses (Refs & Annos)

§ 13-3423. Penalty assessment

In addition to any other penalty prescribed by law, the court shall order a person who is convicted of a violation of this chapter to pay an additional assessment of fifteen dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the technical registration fund established by § 32-109.

CREDIT(S)

Added by Laws 2012, Ch. 327, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 34.1, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 34.1. Imitation Substance or Drug Offenses

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3451

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3451. Definitions

In this chapter, unless the context otherwise requires:

1. “Controlled substance” means a drug, substance or immediate precursor in schedules I through V of title 36, chapter 27, [FN1] or a dangerous drug or a narcotic drug listed in § 13-3401.

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

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

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

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

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

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

8. “Placebo” means an inactive substance or preparation used in controlled studies to determine the effectiveness of medicinal substances or used to please or gratify a physician's patient.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1. Amended by Laws 1983, Ch. 46, § 1; Laws 1995, Ch. 211, § 1; Laws 1996, Ch. 351, § 8.

[FN1] Section 36-2501 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3452

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

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

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

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

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

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

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

4. Evasive tactics or actions utilized by the owner or person in control of the substance or drug to avoid detection by law enforcement agencies.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3453

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3453. Manufacture or distribution of imitation controlled substance; prohibited acts; classification

A. It is unlawful for a person to manufacture, distribute or possess with intent to distribute an imitation controlled substance.

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

C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation controlled substance as a controlled substance is guilty of a class 6 felony.

D. Any person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3454

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3454. Manufacture or distribution of imitation prescription-only drug; prohibited acts; classification

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

B. It is no defense to prosecution under this section that the defendant believed the imitation prescription-only drug to be a legitimate prescription-only drug.

C. A person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation prescription-only drug is guilty of a class 6 felony.

D. A person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3455

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3455. Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification

A. It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation over-the-counter drug.

B. It is no defense to prosecution under this section that the defendant believed the imitation over-the-counter drug to be a legitimate over-the-counter drug.

C. Any person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation over-the-counter drug is guilty of a class 6 felony.

D. A person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3456

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

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

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

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

C. A person who violates subsection A by the possession or the possession of with intent to use an imitation controlled substance is guilty of a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3457

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

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

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

B. A person who violates subsection A by the possession or the possession of with intent to use an imitation prescription-only drug is guilty of a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3458

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3458. Possession or possession with intent to use an imitation over-the-counter drug; violation; classification

A. It is unlawful for any person to possess or possess with intent to use an imitation over-the-counter drug.

B. A person who violates subsection A by the possession or the possession of with intent to use an imitation over-the-counter drug is guilty of a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3459

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3459. Manufacture of certain substances and drugs by certain means; prohibited acts; classification

A. It is unlawful for any person to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device relating to the authorized identification of any controlled substance, prescription-only drug or over-the-counter drug or any likeness of any of the foregoing upon any drug or container to intentionally:

1. Counterfeit a controlled substance, prescription-only drug or over-the-counter drug.

2. Duplicate substantially the physical appearance, form, package or label of a controlled substance, prescription-only drug or over-the-counter drug.

B. A person who violates any provision of subsection A is guilty of a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3460

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3460. Civil forfeiture

All imitation controlled substances, imitation over-the-counter drugs and imitation prescription-only drugs are subject to forfeiture as provided in chapter 39 of this title. [FN1]

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1. Amended by Laws 1986, Ch. 256, § 9.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3461

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 34.1. Imitation Substance or Drug Offenses (Refs & Annos)

§ 13-3461. Placebos; exemption from coverage

Notwithstanding any contrary statute, the manufacture, distribution, possession, possession with intent to distribute or possession with intent to use placebos in this state by the following persons is not unlawful:

1. Exempt manufacturers, wholesalers and pharmacists under §§ 32-1921 and 32-1961.

2. Medical practitioners, pharmacies and pharmacists while acting in the course of their professional practice, in good faith and in accordance with generally accepted medical standards.

3. Persons who lawfully acquire placebos and use them only for scientific purposes.

4. Officers and employees of the United States, this state or a political subdivision of this state and peace officers while acting in the course of their official duties.

5. An employee or agent of a person described in paragraphs 1 through 4 of this subsection [FN1] or a registered nurse or medical technician under the supervision of a medical practitioner while the employee, agent, nurse or technician is acting in the course of his professional practice or employment and not on his own account.

6. A common or contract carrier or warehouseman or an employee of such a carrier or warehouseman whose possession of placebos is in the usual course of business or employment.

CREDIT(S)

Added by Laws 1982, Ch. 145, § 1. Amended by Laws 1983, Ch. 46, § 2.

[FN1] So in original. Probably should read “section”.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 35, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 35. Obscenity

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3501

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3501. Definitions

In this chapter, unless the context otherwise requires:

1. “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both:

(a) To the average adult applying contemporary state standards with respect to what is suitable for minors, it both:

(i) Appeals to the prurient interest, when taken as a whole. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(ii) Portrays the description or representation in a patently offensive way.

(b) Taken as a whole does not have serious literary, artistic, political, or scientific value for minors.

2. “Item” means any material or performance which depicts or describes sexual activity and includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, live or recorded telephone message or other similar items whether tangible or intangible and including any performance, exhibition, transmission or dissemination of any of the above. An item also includes a live performance or exhibition which depicts sexual activity to the public or an audience of one or more persons. An item is obscene within the meaning of this chapter when all of the following apply:

(a) The average person, applying contemporary state standards, would find that the item, taken as a whole, appeals to the prurient interest. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact.

(b) The average person, applying contemporary state standards, would find that the item depicts or describes, in a patently offensive way, sexual activity as that term is described in this section.

3. “Knowledge of the character” means having general knowledge or awareness, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of that which is reasonably susceptible to examination by the defendant both:

(a) That the item contains, depicts or describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse, whichever is applicable, whether or not there is actual knowledge of the specific contents thereof. This knowledge can be proven by direct or circumstantial evidence, or both.

(b) If relevant to a prosecution for violating § 13-3506, 13-3506.01 or 13-3507, the age of the minor, provided that an honest mistake shall constitute an excuse from liability under this chapter if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

4. “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

5. “Sadomasochistic abuse” means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed, for the purpose or in the context of sexual gratification or abuse.

6. “Sexual activity” means:

(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.

(b) Patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibition of the genitals.

7. “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.

8. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

9. “Ultimate sexual acts” means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity which gives the appearance of consummation of ultimate sexual acts.

CREDIT(S)

Added as § 13-531.01 by Laws 1964, Ch. 12, § 1. Amended by Laws 1970, Ch. 71, § 1; Laws 1974, Ch. 98, § 1. Renumbered as § 13-3501 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 215, eff. Oct. 1, 1978; Laws 1986, Ch. 411, § 1; Laws 2001, Ch. 94, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3502

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3502. Production, publication, sale, possession and presentation of obscene items; classification

A person is guilty of a class 5 felony who, with knowledge of the character of the item involved, knowingly:

1. Prints, copies, manufactures, prepares, produces, or reproduces any obscene item for purposes of sale or commercial distribution.

2. Publishes, sells, rents, lends, transports or transmits in intrastate commerce, imports, sends or causes to be sent into this state for sale or commercial distribution or commercially distributes or exhibits any obscene item, or offers to do any such things.

3. Has in his possession with intent to sell, rent, lend, transport, or commercially distribute any obscene item.

4. Presents or participates in presenting the live, recorded or exhibited performance of any obscene item to the public or an audience for consideration or commercial purpose.

CREDIT(S)

Formerly § 13-532. Amended by Laws 1964, Ch. 12, § 2; Laws 1972, Ch. 172, § 1; Laws 1976, Ch. 159, § 1, eff. June 27, 1976; Laws 1977, Ch. 125, § 4, eff. May 31, 1977. Renumbered as § 13-3502 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 216, eff. Oct. 1, 1978; Laws 1986, Ch. 411, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3503

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-533. Renumbered as § 13-3503 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3504

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 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.

CREDIT(S)

Added as § 13-534 by Laws 1964, Ch. 12, § 3. Amended by Laws 1972, Ch. 172, § 2; Laws 1976, Ch. 159, § 2, eff. June 27, 1976. Renumbered as § 13-3504 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 217, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3505

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3505. Obscene prints and articles; jurisdiction

A. The superior court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in subsection B of this section.

B. The county attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an indecent character, which is obscene, lewd, lascivious, filthy, indecent or disgusting, or which contains an article or instrument of indecent or immoral use or purports to be for indecent or immoral use or purpose, or in any other respect defined in § 13-3501, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the superior court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an indecent character, described in this subsection or in § 13-3501.

C. The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issues within ten days after joinder of issue and a decision shall be rendered by the court within ten days of the conclusion of the trial.

D. If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in subsection B of this section and such sheriff shall be directed to seize and destroy such obscene prints and articles.

E. In any action brought as provided in this section, such county attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in subsection C of this section.

F. The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.

G. Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in subsection B of this section, after the service upon him of a summons and complaint in an action brought pursuant to this section is chargeable with knowledge of the contents thereof.

CREDIT(S)

Added as § 13-535 by Laws 1964, Ch. 12, § 3. Renumbered as § 13-3505 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 218, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3506

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3506. Furnishing harmful items to minors; applicability; classification

A. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to minors any item that is harmful to minors.

B. This section does not apply to the transmission or sending of items over the internet.

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

CREDIT(S)

Added as § 13-536 by Laws 1970, Ch. 71, § 2. Amended by Laws 1972, Ch. 172, § 3; Laws 1974, Ch. 98, § 2; Laws 1976, Ch. 159, § 3, eff. June 27, 1976; Laws 1977, Ch. 125, § 6, eff. May 31, 1977. Renumbered as § 13-3506 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 219, eff. Oct. 1, 1978; Laws 1986, Ch. 411, § 3; Laws 2000, Ch. 189, § 25; Laws 2001, Ch. 94, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3506.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3506.01. Furnishing harmful items to minors; internet activity; classification; definitions

A. It is unlawful for any person, with knowledge of the character of the item involved, to intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.

B. This section does not apply to:

1. Posting material on an internet web site, bulletin board or newsgroup.

2. Sending material via a mailing list or listserv that is not administered by the sender. For the purposes of this paragraph, “mailing list” or “listserv” means a method of internet communication where a message is sent to an internet address and then is retransmitted to one or more subscribers to the mailing list or listserv.

C. It is not a defense to a prosecution for a violation of this section that the recipient of the transmission was a peace officer posing as a minor.

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

E. The failure to report a violation of this section is a class 6 felony as prescribed by § 13-3620.

F. For the purposes of this section:

1. “Internet” means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the transmission control protocol or internet protocol or any successor protocol to transmit information.

2. “Internet web site” means a location where material placed in a computer server-based file archive is publicly accessible, over the internet, using hypertext transfer protocol or any successor protocol.

CREDIT(S)

Added by Laws 2001, Ch. 94, § 3. Amended by Laws 2001, Ch. 334, § 15; Laws 2003, Ch. 222, § 1; Laws 2004, Ch. 29, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3507

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3507. Public display of explicit sexual materials; classification; definitions

A. It is unlawful for any person knowingly to place explicit sexual material upon public display, or knowingly to fail to take prompt action to remove such a display from property in his possession or under his control after learning of its existence.

B. A person who violates any provision of this section is guilty of a class 6 felony.

C. For the purposes of this section:

1. “Explicit sexual material” means any drawing, photograph, film negative, motion picture, figure, object, novelty device, recording, transcription or any book, leaflet, pamphlet, magazine, booklet or other item, the cover or contents of which depicts human genitalia or depicts or verbally describes nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse in a way which is harmful to minors. Explicit sexual material does not include any depiction or description which, taken in context, possesses serious educational value for minors or which possesses serious literary, artistic, political or scientific value.

2. “Public display” means the placing of material on or in a billboard, viewing screen, theater marquee, newsstand, display rack, vending machine, window, showcase, display case or similar place so that material within the definition of paragraph 1 of this subsection is easily visible or readily accessible from a public thoroughfare, from the property of others, or in any place where minors are invited as part of the general public.

CREDIT(S)

Added as § 13-537 by Laws 1971, Ch. 153, § 1, eff. May 10, 1971. Amended by Laws 1976, Ch. 159, § 4, eff. June 27, 1976. Renumbered as § 13-3507 by Laws 1977, Ch. 142, § 98, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 220, eff. Oct. 1, 1978; Laws 1986, Ch. 411, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3508

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3508. Repealed by Laws 2000, Ch. 189, § 26.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3509

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3509. Duty to report; classification

A. A person who is asked to record, film, photograph, develop or duplicate any visual or print medium depicting sexual activity, whether or not the person would be compensated, shall immediately report, or cause a report to be made of, such request to a municipal or county peace officer. The report shall include the name or names of the person, persons or business making the request, if known, and shall describe what was requested.

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

CREDIT(S)

Added by Laws 1986, Ch. 327, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3510

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 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.

CREDIT(S)

Added as § 13-3509 by Laws 1986, Ch. 411, § 5. Renumbered as § 13-3510.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3511

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3511. Exemption; broadcasts and telecasts

The provisions of this chapter shall not apply to broadcasts or telecasts through facilities licensed under the federal communications act [FN1] or title 9, chapter 5, article 1.1. [FN2]

CREDIT(S)

Added as § 13-3510 by Laws 1986, Ch. 411, § 5. Renumbered as § 13-3511.

[FN1] 47 U.S.C.A. § 151 et seq.

[FN2] Section 9-505 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3512

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1988, Ch. 150, § 2, eff. June 6, 1988.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3513

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35. Obscenity (Refs & Annos)

§ 13-3513. Sale or distribution of material harmful to minors through vending machines; classification

A. It is unlawful for any person to knowingly display, sell or offer to sell in any coin-operated or slug-operated vending machine or mechanically or electronically controlled vending machine that is located in a public place, other than a public place from which minors are excluded, any material that is harmful to minors as defined in § 13-3501.

B. It is a defense in any prosecution for a violation of subsection A that the defendant has taken reasonable steps to ascertain that the person is eighteen years of age or older and has taken either of the following measures to restrict access to the material that is harmful to minors:

1. Required the person receiving the material that is harmful to minors to use an authorized access or identification card to use the vending machine and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under eighteen years of age or that the card is no longer desired.

2. Required the person receiving the material that is harmful to minors to use a token in order to use the vending machine.

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

CREDIT(S)

Added by Laws 1997, Ch. 156, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 35.1, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 35.1. Sexual Exploitation of Children

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3551

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3551. Definitions

In this chapter, unless the context otherwise requires:

1. “Communication service provider” has the same meaning prescribed in § 13-3001.

2. “Computer” has the same meaning prescribed in § 13-2301, subsection E.

3. “Computer system” has the same meaning prescribed in § 13-2301, subsection E.

4. “Exploitive exhibition” means the actual or simulated exhibition of the genitals or pubic or rectal areas of any person for the purpose of sexual stimulation of the viewer.

5. “Minor” means a person or persons who were under eighteen years of age at the time a visual depiction was created, adapted or modified.

6. “Network” has the same meaning prescribed in § 13-2301, subsection E.

7. “Producing” means financing, directing, manufacturing, issuing, publishing or advertising for pecuniary gain.

8. “Remote computing service” has the same meaning prescribed in § 13-3001.

9. “Sexual conduct” means actual or simulated:

(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.

(b) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

(d) Masturbation, for the purpose of sexual stimulation of the viewer.

(e) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

(f) Defecation or urination for the purpose of sexual stimulation of the viewer.

10. “Simulated” means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.

11. “Visual depiction” includes each visual image that is contained in an undeveloped film, videotape or photograph or data stored in any form and that is capable of conversion into a visual image.

CREDIT(S)

Added by Laws 1978, Ch. 200, § 3, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 325, § 11, eff. April 25, 1994; Laws 1996, Ch. 112, § 1; Laws 1999, Ch. 261, § 27; Laws 2000, Ch. 189, § 27; Laws 2001, Ch. 334, § 16.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3552

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

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

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

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

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

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

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

B. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to § 13-705.

CREDIT(S)

Added by Laws 1978, Ch. 200, § 3, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 32, eff. April 23, 1980; Laws 1985, Ch. 364, § 26, eff. May 16, 1985; Laws 1986, Ch. 52, § 1; Laws 1996, Ch. 112, § 2; Laws 1998, Ch. 147, § 2; Laws 1999, Ch. 261, § 28; Laws 2008, Ch. 301, § 79, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3553

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3553. Sexual exploitation of a minor; evidence; classification

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

1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.

B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.

C. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to § 13-705.

CREDIT(S)

Added by Laws 1978, Ch. 200, § 3, eff. Oct. 1, 1978. Amended by Laws 1980, Ch. 229, § 33, eff. April 23, 1980; Laws 1983, Ch. 93, § 1; Laws 1985, Ch. 364, § 27, eff. May 16, 1985; Laws 1996, Ch. 112, § 3; Laws 1998, Ch. 147, § 3; Laws 1999, Ch. 261, § 29; Laws 2000, Ch. 189, § 28; Laws 2001, Ch. 334, § 17; Laws 2008, Ch. 301, § 80, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3554

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3554. Luring a minor for sexual exploitation; classification

A. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.

B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.

C. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to § 13-705.

CREDIT(S)

Added by Laws 2000, Ch. 189, § 30. Amended by Laws 2001, Ch. 334, § 18; Laws 2007, Ch. 248, § 8, eff. June 13, 2007; Laws 2008, Ch. 301, § 81, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3555

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 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.

CREDIT(S)

Added as § 13-3554 by Laws 1978, Ch. 200, § 3, effective October 1, 1978. Amended by Laws 1986, Ch. 52, § 2; Laws 1998, Ch. 147, § 4; Laws 1999, Ch. 261, § 30. Renumbered as § 13-3555 by Laws 2000, Ch. 189, § 29.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3556

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3556. Permissible inferences

In a prosecution relating to the sexual exploitation of children, the trier of fact may draw the inference that a participant is a minor if the visual depiction or live act through its title, text or visual representation depicts the participant as a minor.

CREDIT(S)

Added as § 13-3555 by Laws 1978, Ch. 200, § 3, effective October 1, 1978. Amended by Laws 1986, Ch. 52, § 3; Laws 1999, Ch. 261, § 31. Renumbered as § 13-3556 by Laws 2000, Ch. 189, § 29.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3557

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3557. Equipment; forfeiture

On the conviction of a person for a violation of § 13-3552, 13-3553, 13-3554 or 13-3560, the court shall order that any photographic equipment, computer system or instrument of communication that is owned or used exclusively by the person and that was used in the commission of the offense be forfeited and sold, destroyed or otherwise properly disposed.

CREDIT(S)

Added by Laws 2000, Ch. 189, § 31. Amended by Laws 2008, Ch. 219, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3558

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3558. Admitting minors to public displays of sexual conduct; constructive knowledge of age; classification

A. It is unlawful for an owner, operator or employee to admit a person under the age of eighteen into any business establishment where persons, in the course of their employment expose their genitals or anus or the areola or nipple of the female breast.

B. An owner, operator or employee who admits a person to an establishment without evidence of the person's age as required in § 4-241, subsection A is deemed to have constructive knowledge of the person's age.

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

CREDIT(S)

Added as § 13-3556 by Laws 1986, Ch. 52, § 4. Renumbered as § 13-3558 by Laws 2000, Ch. 189, § 29.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3559

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

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

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

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

C. It is an affirmative defense to a prosecution for a violation of § 13-3553 that on discovery a person in good faith reports the discovery of unsolicited suspected visual depictions involving the sexual exploitation of a minor.

CREDIT(S)

Added by Laws 2000, Ch. 189, § 31.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3560

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions

A. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:

1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.

2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.

B. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.

C. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to § 13-705, subsection D.

D. The defense prescribed in § 13-1407, subsection F applies to a prosecution pursuant to this section.

E. For the purposes of this section:

1. “Electronic communication device” means any electronic device that is capable of transmitting visual depictions and includes any of the following:

(a) A computer, computer system or network as defined in § 13-2301.

(b) A cellular or wireless telephone as defined in § 13-4801.

2. “Harmful to minors” has the same meaning prescribed in § 13-3501.

CREDIT(S)

Added by Laws 2008, Ch. 219, § 4. Amended by Laws 2008, Ch. 301, § 82, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3561

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 35.1. Sexual Exploitation of Children (Refs & Annos)

§ 13-3561. Unlawful age misrepresentation; classification; definition

A. A person commits unlawful age misrepresentation if the person is at least eighteen years of age, and knowing or having reason to know that the recipient of a communication is a minor, uses an electronic communication device to knowingly misrepresent the person's age for the purpose of committing any sexual offense involving the recipient that is listed in § 13-3821, subsection A.

B. It is not a defense to a prosecution for a violation of this section that the recipient is not a minor.

C. This section does not apply to peace officers who act in their official capacity within the scope of their authority and in the line of duty.

D. Unlawful age misrepresentation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to § 13-705.

E. For the purposes of this section, “electronic communication device” means any electronic device that is capable of transmitting visual depictions and includes any of the following:

1. A computer, computer system or network as defined in § 13-2301.

2. A cellular or wireless telephone as defined in § 13-4801.

CREDIT(S)

Added as § 13-3560 by Laws 2008, Ch. 97, § 2. Renumbered as § 13-3561 by Laws 2008, Ch. 301, § 83. Amended by Laws 2008, Ch. 301, § 83, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 36, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 36. Family Offenses

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3601

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure

A. “Domestic violence” means any act that is a dangerous crime against children as defined in § 13-705 or an offense prescribed in § 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, § 13-2904, subsection A, paragraph 1, 2, 3 or 6, § 13-2910, subsection A, paragraph 8 or 9, § 13-2915, subsection A, paragraph 3 or § 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:

1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

2. The victim and the defendant have a child in common.

3. The victim or the defendant is pregnant by the other party.

4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

(a) The type of relationship.

(b) The length of the relationship.

(d) If the relationship has terminated, the length of time since the termination.

B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to § 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title [FN1] is not deemed to be an act of domestic violence. The release procedures available under § 13-3883, subsection A, paragraph 4 and § 13-3903 are not applicable to arrests made pursuant to this subsection.

C. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence.

D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm.

E. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody.

F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner's or possessor's request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor.

G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section.

H. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection.

I. A person who is arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

J. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:

1. An order of protection pursuant to § 13-3602, an injunction pursuant to § 25-315 and an injunction against harassment pursuant to § 12-1809.

2. The emergency telephone number for the local police agency.

3. Telephone numbers for emergency services in the local community.

K. A peace officer is not civilly liable for noncompliance with subsection J of this section.

L. If a person is convicted of an offense involving domestic violence and the victim was pregnant at the time of the commission of the offense, at the time of sentencing the court shall take into consideration the fact that the victim was pregnant and may increase the sentence.

M. An offense that is included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum sentence otherwise authorized for that violation shall be increased by up to two years.

N. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer must determine if a minor is present. If a minor is present, the peace officer must conduct a child welfare check to determine if the child is safe and if the child might be a victim of domestic violence or child abuse.

CREDIT(S)

Added by Laws 1980, Ch. 113, § 1. Amended by Laws 1984, Ch. 307, § 1; Laws 1985, Ch. 364, § 28, eff. May 16, 1985; Laws 1986, Ch. 295, § 1; Laws 1989, Ch. 278, § 1; Laws 1991, Ch. 225, § 3; Laws 1992, Ch. 293, § 2; Laws 1993, Ch. 255, § 49, eff. Jan. 1, 1994; Laws 1996, Ch. 33, § 2; Laws 1996, Ch. 87, § 1; Laws 1997, Ch. 263, § 3; Laws 1998, Ch. 37, § 5; Laws 1998, Ch. 111, § 2; Laws 1998, Ch. 289, § 13; Laws 1998, Ch. 294, § 5; Laws 1998, Ch. 303, § 3; Laws 2000, Ch. 32, § 7; Laws 2000, Ch. 42, § 1; Laws 2000, Ch. 361, § 3; Laws 2000, Ch. 370, § 1; Laws 2001, Ch. 217, § 2; Laws 2001, Ch. 334, § 20; Laws 2004, Ch. 52, § 2; Laws 2008, Ch. 301, § 84, eff. Jan. 1, 2009; Laws 2009, Ch. 129, § 1; Laws 2010, Ch. 276, § 3; Laws 2011, Ch. 90, § 17; Laws 2012, Ch. 320, § 10.

[FN1] Section 13-401 et seq.

APPLICATION

<“Sec. 99. Applicability>

<“The provisions of §§ 1 through 86 and §§ 89 through 95 of this act apply only to persons who commit a felony offense after the effective date of this act.”>

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3601.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3601.01. Domestic violence; treatment; definition

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

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

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

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

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

F. For the purposes of this section, “ domestic violence offense” means an offense involving domestic violence as defined in § 13-3601.

CREDIT(S)

Added by Laws 1997, Ch. 102, § 1, eff. Jan. 1, 1998. Amended by Laws 1998, Ch. 303, § 4; Laws 2000, Ch. 361, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3601.02

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 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 § 13-3601.

CREDIT(S)

Added by Laws 1998, Ch. 303, § 5. Amended by Laws 2000, Ch. 361, § 6; Laws 2007, Ch. 58, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3602

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

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

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

B. An order of protection shall not be granted:

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

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

3. Against more than one defendant.

C. The petition shall state the:

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

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

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

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

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

6. Desired relief.

D. A fee shall not be charged for filing a petition under this section or for service of process. On request of the plaintiff, each order of protection that is issued by a municipal court shall be served by the police agency for that city if the defendant can be served within the city. If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served shall serve the order. If the order cannot be served within a city, the sheriff shall serve the order. On request of the plaintiff, each order of protection that is issued by a justice of the peace shall be served by the constable or sheriff for that jurisdiction if the defendant can be served within the jurisdiction. If the defendant cannot be served within that jurisdiction, the constable or sheriff in the jurisdiction in which the defendant can be served shall serve the order. On request of the plaintiff, each order of protection that is issued by a superior court judge or commissioner shall be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served shall serve the order. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide to both parties an appropriate information sheet on emergency and counseling services that are available in the local area.

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

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

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

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

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

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

2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph.

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

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

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

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

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

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

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

J. The order shall include the following statement:

Warning

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

K. A copy of the petition and the order shall be served on the defendant within one year from the date the order is signed. An order of protection that is not served on the defendant within one year expires. An order is effective on the defendant on service of a copy of the order and petition. An order expires one year after service on the defendant. A modified order is effective on service and expires one year after service of the initial order and petition.

L. Each affidavit, acceptance or return of service shall be promptly filed with the clerk of the issuing court. This filing shall be completed in person, shall be made by fax or shall be postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service. If the filing is made by fax, the original affidavit, acceptance or return of service shall be promptly filed with the court. Within twenty-four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the order or any modified order was issued shall forward to the sheriff of the county in which the court is located a copy of the order of protection and a copy of the affidavit or certificate of service of process or acceptance of service. On receiving these copies, the sheriff shall register the order. Registration of an order means that a copy of the order of protection and a copy of the affidavit or acceptance of service have been received by the sheriff's office. The sheriff shall maintain a central repository for orders of protection so that the existence and validity of the orders can be easily verified. The effectiveness of an order does not depend on its registration, and for enforcement purposes pursuant to § 13-2810, a copy of an order of the court, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the order on the defendant.

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

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

O. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The superior court shall have exclusive jurisdiction to issue orders of protection in all cases if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. A municipal court or justice court shall not issue an order of protection if it appears from the petition that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties. After issuance of an order of protection, if the municipal court or justice court determines that an action for maternity or paternity, annulment, legal separation or dissolution of marriage is pending between the parties, the municipal court or justice court shall stop further proceedings in the action and forward all papers, together with a certified copy of docket entries or any other record in the action, to the superior court where they shall be docketed in the pending superior court action and shall proceed as though the petition for an order of protection had been originally brought in the superior court. Notwithstanding any other law and unless prohibited by an order of the superior court, a municipal court or justice court may hold a hearing on all matters relating to its ex parte order of protection if the hearing was requested before receiving written notice of the pending superior court action. No order of protection shall be invalid or determined to be ineffective merely because it was issued by a lower court at a time when an action for maternity or paternity, annulment, legal separation or dissolution of marriage was pending in a higher court. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, [FN1] § 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. No fee may be charged to either party for filing an appeal. For the purposes of this subsection, “pending” means, with respect to an action for annulment, legal separation or dissolution of marriage or for maternity or paternity, either that:

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

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

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

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

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

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

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

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

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

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

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

CREDIT(S)

Added by Laws 1980, Ch. 113, § 1. Amended by Laws 1981, Ch. 244, § 1; Laws 1987, Ch. 120, § 2; Laws 1987, Ch. 350, § 1; Laws 1989, Ch. 278, § 2; Laws 1990, Ch. 365, § 18, eff. Oct. 1, 1990; Laws 1991, Ch. 225, § 4; Laws 1992, Ch. 293, § 3; Laws 1994, Ch. 268, § 2; Laws 1996, Ch. 33, § 3; Laws 1996, Ch. 87, § 2; Laws 1997, Ch. 263, § 4; Laws 1998, Ch. 294, § 6; Laws 1998, Ch. 303, § 6; Laws 2000, Ch. 361, § 7; Laws 2001, Ch. 255, § 4; Laws 2002, Ch. 323, § 3; Laws 2007, Ch. 290, § 5; Laws 2008, Ch. 205, § 3; Laws 2010, Ch. 276, § 4.

[FN1] Section 22-261 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3603

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3603. Definition; [FN1] punishment

A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life, shall be punished by imprisonment in the state prison for not less than two years nor more than five years.

CREDIT(S)

Formerly § 13-211. Renumbered as § 13-3603 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978.

[FN1] Abortion.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3603.01

Effective: September 30, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3603.01. Partial-birth abortions; classification; civil action; definitions

A. Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a class 6 felony and shall be fined under this title or imprisoned not more than two years, or both.

B. This section does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

C. The father of the fetus if married to the mother at the time she receives a partial-birth abortion procedure and the maternal grandparents of the fetus if the mother is not at least eighteen years of age at the time of the partial-birth abortion may bring a civil action to obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the partial-birth abortion. Relief pursuant to this subsection includes the following:

1. Money damages for all injuries, psychological and physical, resulting from the violation of this section.

2. Statutory damages in an amount equal to three times the cost of the partial-birth abortion.

D. This section shall not subject a woman upon whom a partial-birth abortion is performed to any criminal prosecution or civil liability.

E. A defendant who is accused of an offense under this section may seek a hearing before the Arizona medical board if the defendant is licensed pursuant to title 32, chapter 13 [FN1] or the Arizona board of osteopathic examiners in medicine and surgery if the defendant is licensed pursuant to title 32, chapter 17 [FN2] on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The findings on that issue are admissible, in the court's discretion, on that issue at the trial of the defendant. On a motion of the defendant, the court shall, in its discretion, delay the beginning of the trial for not more than thirty days to permit a hearing to take place.

F. For the purposes of this section:

1. “Partial-birth abortion” means an abortion in which the person performing the abortion does both of the following:

(a) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother or, in the case of breech presentation, any part of the fetal trunk past the naval is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus.

(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.

2. “Physician” means a doctor of medicine or a doctor of osteopathy who is licensed pursuant to title 32, chapter 13 or 17 or any other individual legally authorized by this state to perform abortions. Any individual who is not a physician or who is not otherwise legally authorized by this state to perform abortions but who nevertheless directly performs a partial-birth abortion shall be subject to this section.

CREDIT(S)

Added by Laws 1997, Ch. 83, § 1. Amended by Laws 2009, Ch. 170, § 1.

[FN1] Section 32-1401 et seq.

[FN2] Section 32-1800 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3603.02

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3603.02. Abortion; sex and race selection; injunctive and civil relief; failure to report; definition

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

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

2. Uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion.

3. Solicits or accepts monies to finance a sex-selection or race-selection abortion.

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

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

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

E. A woman on whom a sex-selection or race-selection abortion is performed is not subject to criminal prosecution or civil liability for any violation of this section or for a conspiracy to violate this section.

F. For the purposes of this section, “abortion” has the same meaning prescribed in § 36-2151.

CREDIT(S)

Added by Laws 2011, Ch. 9, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3604

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3604. Soliciting abortion; punishment; exception

A woman who solicits from any person any medicine, drug or substance whatever, and takes it, or who submits to an operation, or to the use of any means whatever, with intent thereby to procure a miscarriage, unless it is necessary to preserve her life, shall be punished by imprisonment in the state prison for not less than one nor more than five years.

CREDIT(S)

Formerly § 13-212. Renumbered as § 13-3604 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3605

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

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

A person who wilfully writes, composes or publishes a notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for prevention of conception, or who offers his services by a notice, advertisement or otherwise, to assist in the accomplishment of any such purposes, is guilty of a misdemeanor.

CREDIT(S)

Formerly § 13-213. Renumbered as § 13-3605 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3606

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3606. Bigamy; classification; exception

A. A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony.

B. Subsection A of this section does not extend to a person whose spouse by the former marriage has been absent for five successive years without being known to such person within that time to be living, nor to any person whose former marriage has been pronounced void, annulled or dissolved by judgment of a competent court.

CREDIT(S)

Formerly § 13-271. Renumbered as § 13-3606 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 223, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3607

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3607. Marrying spouse of another; classification

A person who knowingly marries the spouse of another, in any case in which such spouse would be guilty of bigamy, is guilty of a class 5 felony.

CREDIT(S)

Formerly § 13-273. Renumbered as § 13-3607 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 224, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3608

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3608. Incest; classification

Persons who are eighteen or more years of age and are within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who knowingly intermarry with each other, or who knowingly commit fornication or adultery with each other are guilty of a class 4 felony.

CREDIT(S)

Formerly § 13-471. Renumbered as § 13-3608 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 225, eff. Oct. 1, 1978; Laws 1985, Ch. 364, § 29, eff. May 16, 1985; Laws 1998, Ch. 291, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3609

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3609. Child bigamy; classification; definitions

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

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

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

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

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

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

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

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

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

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

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

D. For the purposes of this section:

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

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

3. “Spouses” means two persons living together as husband and wife, including the assumption of those marital rights, duties and obligations that are usually manifested by married people, including but not necessarily dependent on sexual relations.

CREDIT(S)

Added by Laws 2004, Ch. 187, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3610

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3610. Abandonment of spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly abandons and leaves such spouse in a destitute condition, is guilty of a class 1 misdemeanor.

CREDIT(S)

Formerly § 13-802. Amended by Laws 1973, Ch. 172, § 47. Renumbered as § 13-3610 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 226, eff. Oct. 1, 1978; Laws 2006, Ch. 195, § 9.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3611

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3611. Refusal or neglect to provide for spouse; classification

A married person, having sufficient ability to provide for his or her spouse's support or who is able to earn the means of such spouse's support, who knowingly fails or refuses to provide the spouse with necessary food, clothing, shelter or medical attendance, unless by such spouse's misconduct he or she was justified in so doing, is guilty of a class 1 misdemeanor.

CREDIT(S)

Formerly § 13-803. Amended by Laws 1973, Ch. 172, § 48. Renumbered as § 13-3611 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 227, eff. Oct. 1, 1978; Laws 2006, Ch. 195, § 10.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3612

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3612. Definitions; contributing to dependency or delinquency

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

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

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

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

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

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

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

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

(f) Who is destitute.

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

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

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

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

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

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

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

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

(o) Who from any cause is in danger of growing up to lead an idle, dissolute or immoral life.

CREDIT(S)

Formerly § 13-821. Amended by Laws 1973, Ch. 172, § 50. Renumbered as § 13-3612 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 228, eff. Oct. 1, 1978; Laws 1994, Ch. 315, § 4; Laws 1995, Ch. 241, § 5; Laws 2007, Ch. 97, § 6.

RETROACTIVE APPLICATION

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3613

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3613. Contributing to delinquency and dependency; classification; procedure

A. A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, as defined by § 13-3612, or who for any cause is responsible therefor is guilty of a class 1 misdemeanor.

B. The procedure and prosecution shall be the same as in other criminal cases.

C. When the charge concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when the charge concerns the delinquency of a child or children, the offense for convenience may be termed contributory delinquency.

CREDIT(S)

Formerly § 13-822. Renumbered as § 13-3613 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 229, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3614

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3614. Proof of guilt

In order to find a person guilty of violating the provisions of § 13-3613, it is not necessary to prove that the child has actually become dependent or delinquent, if it appears from the evidence that through any act of neglect or omission of duty, or by any improper act or conduct on the part of such person the dependency or delinquency of a child may have been caused or merely encouraged.

CREDIT(S)

Formerly § 13-823. Renumbered as § 13-3614 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 230, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3615

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3615. Suspension of sentence upon posting bond; custody of child; revocation of suspension

A. The sentence which may be imposed by § 13-3613, or its execution, may be suspended by the court upon condition that defendant give a good and sufficient bond to the state in such penal sum as the court determines, not exceeding one thousand dollars, conditioned for the payment of an amount the court may order, not exceeding thirty dollars per month, for the support, care and maintenance of the child to whose dependency the person has contributed, and the money shall be expended under direction of the court for such purposes.

B. In suspending the sentence, or its execution, the court may also permit the child to remain in the custody of the defendant upon conditions as the court deems proper.

C. When it appears to the court that any condition contained in the bond or imposed by the court in permitting the child to remain in custody of defendant has been breached, the court may revoke the suspension, and the sentence thereunder shall commence from the date upon which the sentence is imposed or ordered to be enforced.

CREDIT(S)

Formerly § 13-824. Renumbered as § 13-3615 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 231, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3616

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3616. Conditions of bond; forfeiture; disposition of proceeds recovered

A. A condition of the bond provided in § 13-3615, shall be that it shall not be necessary to bring a separate action to recover the penalty of such bond if forfeited, but that the court may order a citation to issue to the sureties thereon, requiring that they appear at a time named by the court, not less than ten nor more than twenty days from issuance thereof, and show cause why a judgment should not be entered for the penalty of the bond. Upon failure to appear or failure to show sufficient cause, the court shall enter judgment in behalf of the state against the principal and sureties.

B. Any monies collected or paid upon the bond shall be paid to the clerk of the court, and applied first to the payment of all court costs, and then to the care and maintenance of the child in such manner and upon such terms as the court may direct. If the money is unnecessary for such purposes, it shall be paid within one year to the county treasurer.

CREDIT(S)

Formerly § 13-825. Amended by Laws 1976, Ch. 162, § 10. Renumbered as § 13-3616 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 232, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3617

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-826. Renumbered as § 13-3617 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3618

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3618. Construction and effect of chapter

A. The provisions of §§ 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 §§ 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 §§ 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.

CREDIT(S)

Formerly § 13-827. Renumbered as § 13-3618 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 233, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3619

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

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

A person having custody of a minor under sixteen years of age who knowingly causes or permits the life of such minor to be endangered, its health to be injured or its moral welfare to be imperiled, by neglect, abuse or immoral associations, is guilty of a class 1 misdemeanor.

CREDIT(S)

Formerly § 13-842. Amended by Laws 1964, Ch. 76, § 1. Renumbered as § 13-3619 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 234, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3620

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3620. Duty to report abuse, physical injury, neglect and denial or deprivation of medical or surgical care or nourishment of minors; medical records; exception; violation; classification; definitions

A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under § 36-2281 shall immediately report or cause reports to be made of this information to a peace officer or to child protective services in the department of economic security, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. A member of the clergy, christian science practitioner or priest who has received a confidential communication or a confession in that person's role as a member of the clergy, christian science practitioner or a priest in the course of the discipline enjoined by the church to which the member of the clergy, christian science practitioner or priest belongs may withhold reporting of the communication or confession if the member of the clergy, christian science practitioner or priest determines that it is reasonable and necessary within the concepts of the religion. This exemption applies only to the communication or confession and not to personal observations the member of the clergy, christian science practitioner or priest may otherwise make of the minor. For the purposes of this subsection, “person” means:

1. Any physician, physician's assistant, optometrist, dentist, osteopath, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, member of the clergy, priest or christian science practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel or domestic violence victim advocate who develop the reasonable belief in the course of their employment.

5. Any other person who has responsibility for the care or treatment of the minor.

B. A report is not required under this section for conduct prescribed by §§ 13-1404 and 13-1405 if the conduct involves only minors who are fourteen, fifteen, sixteen or seventeen years of age and there is nothing to indicate that the conduct is other than consensual.

C. If a physician, psychologist or behavioral health professional receives a statement from a person other than a parent, stepparent, guardian or custodian of the minor during the course of providing sex offender treatment that is not court ordered or that does not occur while the offender is incarcerated in the state department of corrections or the department of juvenile corrections, the physician, psychologist or behavioral health professional may withhold the reporting of that statement if the physician, psychologist or behavioral health professional determines it is reasonable and necessary to accomplish the purposes of the treatment.

D. Reports shall be made immediately by telephone or in person and shall be followed by a written report within seventy-two hours. The reports shall contain:

1. The names and addresses of the minor and the minor's parents or the person or persons having custody of the minor, if known.

2. The minor's age and the nature and extent of the minor's abuse, child abuse, physical injury or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect.

3. Any other information that the person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect.

E. A health care professional who is regulated pursuant to title 32 and who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in § 13-3401 shall immediately report this information, or cause a report to be made, to child protective services in the department of economic security. For the purposes of this subsection, “newborn infant” means a newborn infant who is under thirty days of age.

F. Any person other than one required to report or cause reports to be made under subsection A of this section who reasonably believes that a minor is or has been a victim of abuse, child abuse, physical injury, a reportable offense or neglect may report the information to a peace officer or to child protective services in the department of economic security, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only.

G. A person who has custody or control of medical records of a minor for whom a report is required or authorized under this section shall make the records, or a copy of the records, available to a peace officer or child protective services worker investigating the minor's neglect, child abuse, physical injury or abuse on written request for the records signed by the peace officer or child protective services worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section.

H. When telephone or in-person reports are received by a peace officer, the officer shall immediately notify child protective services in the department of economic security and make the information available to them. Notwithstanding any other statute, when child protective services receives these reports by telephone or in person, it shall immediately notify a peace officer in the appropriate jurisdiction.

I. Any person who is required to receive reports pursuant to subsection A of this section may take or cause to be taken photographs of the minor and the vicinity involved. Medical examinations of the involved minor may be performed.

J. A person who furnishes a report, information or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the child or children in question.

K. Except for the attorney client privilege or the privilege under subsection L of this section, no privilege applies to any:

1. Civil or criminal litigation or administrative proceeding in which a minor's neglect, dependency, abuse, child abuse, physical injury or abandonment is an issue.

2. Judicial or administrative proceeding resulting from a report, information or records submitted pursuant to this section.

3. Investigation of a minor's child abuse, physical injury, neglect or abuse conducted by a peace officer or child protective services in the department of economic security.

L. In any civil or criminal litigation in which a child's neglect, dependency, physical injury, abuse, child abuse or abandonment is an issue, a member of the clergy, a christian science practitioner or a priest shall not, without his consent, be examined as a witness concerning any confession made to him in his role as a member of the clergy, a christian science practitioner or a priest in the course of the discipline enjoined by the church to which he belongs. Nothing in this subsection discharges a member of the clergy, a christian science practitioner or a priest from the duty to report pursuant to subsection A of this section.

M. If psychiatric records are requested pursuant to subsection G of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available:

1. Personal information about individuals other than the patient.

2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment.

N. If any portion of a psychiatric record is excised pursuant to subsection M of this section, a court, upon application of a peace officer or child protective services worker, may order that the entire record or any portion of the record that contains information relevant to the reported abuse, child abuse, physical injury or neglect be made available to the peace officer or child protective services worker investigating the abuse, child abuse, physical injury or neglect.

O. A person who violates this section is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.

P. For the purposes of this section:

1. “Abuse” has the same meaning prescribed in § 8-201.

2. “Child abuse” means child abuse pursuant to § 13-3623.

3. “Neglect” has the same meaning prescribed in § 8-201.

4. “Reportable offense” means any of the following:

(a) Any offense listed in chapters 14 and 35.1 of this title [FN1] or § 13-3506.01.

(b) Surreptitious photographing, videotaping, filming or digitally recording of a minor pursuant to § 13-3019.

(d) Incest pursuant to § 13-3608.

CREDIT(S)

Added as § 13-842.01 by Laws 1964, Ch. 76, § 2. Amended by Laws 1976, Ch. 171, § 3, eff. June 27, 1976. Renumbered as § 13-3620 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 235, eff. Oct. 1, 1978; Laws 1982, Ch. 272, § 2; Laws 1983, Ch. 296, § 1, eff. July 2, 1984; Laws 1984, Ch. 114, § 1; Laws 1984, Ch. 355, § 1; Laws 1985, Ch. 364, § 30, eff. May 16, 1985; Laws 1986, Ch. 347, § 1, eff. May 9, 1986; Laws 1989, Ch. 270, § 5; Laws 1990, Ch. 237, § 12; Laws 1990, Ch. 384, § 5; Laws 1998, Ch. 276, § 37; Laws 1998, Ch. 289, § 14; Laws 2003, Ch. 222, § 2.

[FN1] Section 13-3401 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3620.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3620.01. False reports; violation; classification

A. A person acting with malice who knowingly and intentionally makes a false report of child abuse or neglect or a person acting with malice who coerces another person to make a false report of child abuse or neglect is guilty of a class 1 misdemeanor.

B. A person who knowingly and intentionally makes a false report that a person has violated the provisions of subsection A of this section is guilty of a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1989, Ch. 270, § 6. Amended by Laws 1997, 2nd S.S., Ch. 3, § 3, eff. Nov. 14, 1997.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3621

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3621. Hire or use of child under sixteen for public vocation; classification

A person having in his care, custody or control, in any capacity, a child under the age of sixteen years, who knowingly sells, apprentices or otherwise disposes of such child to any person under any name, title or pretense for the purpose of giving a performance, begging or peddling, in a public street or highway, or in any mendicant or wandering business whatsoever, or a person who receives, uses or has in his custody, a child for such purpose, is guilty of a class 2 misdemeanor.

CREDIT(S)

Formerly § 13-843. Renumbered as § 13-3621 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 236, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3622

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3622. Furnishing of tobacco product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions

A. A person who knowingly sells, gives or furnishes a tobacco product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor is guilty of a petty offense.

B. A minor who buys, or has in his possession or knowingly accepts or receives from any person, a tobacco product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, shall pay a fine of not less than one hundred dollars or perform not less than thirty hours of community restitution.

C. A minor who misrepresents the minor's age to any person by means of a written instrument of identification with the intent to induce the person to sell, give or furnish a tobacco product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding § 13-802, shall pay a fine of not more than five hundred dollars.

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

1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.

2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.

E. For the purposes of this section:

1. “Shisha” includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.

2. “Tobacco product” means any of the following:

(a) Cigars.

(b) Cigarettes.

(d) Smoking tobacco of any kind.

(e) Chewing tobacco of any kind.

CREDIT(S)

Formerly § 13-844. Renumbered as § 13-3622 by Laws 1977, Ch. 142, § 99, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 237; Laws 2011, Ch. 340, § 1; Laws 2012, Ch. 89, § 1; Laws 2012, Ch. 311, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3623

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 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 § 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 § 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 § 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 § 36-3201, through a surrogate pursuant to § 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3. [FN1]

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 § 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.

(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.

CREDIT(S)

Added by Laws 1979, Ch. 136, § 1. Amended by Laws 1981, Ch. 293, § 7; Laws 1985, Ch. 364, § 31, eff. May 16, 1985; Laws 1991, Ch. 219, § 1; Laws 1992, Ch. 193, § 1; Laws 1996, Ch. 357, § 1; Laws 1998, Ch. 276, § 38; Laws 2000, Ch. 50, § 4; Laws 2006, Ch. 252, § 1; Laws 2008, Ch. 301, § 85, eff. Jan. 1, 2009.

[FN1] Section 14-5301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3623.01

Effective: September 30, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3623.01. Safe haven for newborn infants; definitions

A. A person is not guilty of abuse of a child pursuant to § 13-3623, subsection B solely for leaving an unharmed newborn infant with a safe haven provider.

B. A fire station and a health care institution that is classified by the department of health services pursuant to § 36-405 as a general hospital or a rural general hospital shall post a notice that it accepts a newborn infant pursuant to this section. The notice shall be placed on the exterior of the building in a location that is noticeable to the public. The words “baby safe haven” shall be printed in bold-faced capital letters that are not less than two inches in height. The notice may include an identifying logo. A fire station or hospital that does not post a notice as prescribed by this subsection is not subject to civil liability. A notice that is valid before the effective date of the amendment to this section remains valid after the effective date of the amendment to this section.

C. If a parent or agent of a parent voluntarily delivers the parent's newborn infant to a safe haven provider, the safe haven provider shall take custody of the newborn infant if both of the following are true:

1. The parent did not express an intent to return for the newborn infant.

2. The safe haven provider reasonably believes that the child is a newborn infant.

D. The safe haven provider shall comply with the requirements of § 8-528 and report the receipt of a newborn infant to child protective services of the department of economic security as soon as practicable after taking custody of the newborn infant. Child protective services shall report the number of newborn infants delivered to safe haven providers pursuant to § 8-526.

E. A parent or agent of a parent who leaves a newborn infant with a safe haven provider may remain anonymous, and the safe haven provider shall not require the parent or agent to answer any questions. A safe haven provider shall offer written information about information and referral organizations.

F. A safe haven provider who receives a newborn infant pursuant to this section is not liable for any civil or other damages for any act or omission by the safe haven provider in maintaining custody of the newborn infant if the safe haven provider acts in good faith without gross negligence.

G. This section does not preclude the prosecution of the person for any offense based on any act not covered by this section.

H. For the purposes of this section:

1. “Newborn infant” means an infant who is seventy-two hours old or younger.

2. “Safe haven provider” means any of the following:

(a) A firefighter who is on duty.

(b) An emergency medical technician who is on duty.

(c) A health care institution that is classified by the department of health services pursuant to § 36-405 as a general hospital or a rural general hospital. The parent or agent must deliver the newborn infant to a medical staff member at the health care institution.

(d) A staff member or volunteer at any of the following that posts a public notice that it is willing to accept a newborn infant pursuant to this section:

(i) A private child welfare agency licensed pursuant to title 8, chapter 5, article 1. [FN1]

(ii) An adoption agency licensed pursuant to § 8-126.

(iii) A church. For the purposes of this item, “church” means a building that is erected or converted for use as a church, where services are regularly convened, that is used primarily for religious worship and schooling and that a reasonable person would conclude is a church by reason of design, signs or architectural or other features.

CREDIT(S)

Added by Laws 2001, Ch. 223, § 2. Amended by Laws 2006, Ch. 252, § 2; Laws 2008, Ch. 22, § 1; Laws 2009, Ch. 156, § 2.

[FN1] Section 8-501 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3624

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

§ 13-3624. Emergency orders of protection

A. In counties with a population of one hundred fifty thousand persons or more according to the most recent United States decennial census, the presiding judge of the superior court, during the hours that the courts are closed, shall make available on a rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue emergency orders of protection by telephone.

B. In counties with a population of less than one hundred fifty thousand persons according to the most recent United States decennial census, a judge, justice of the peace, magistrate or commissioner may issue an emergency order by telephone. The court, within twenty-four hours after a defendant is arrested for an act of domestic violence, shall register a certified copy of the release order with the sheriff's office of the county in which the order was issued. The court shall notify the sheriff's office of material changes in the release order, if the conditions of the release order are no longer in effect and when the charges are resolved. The sheriff in each county shall maintain a central repository for release orders so that the existence and validity of the orders can be easily verified. The law enforcement agency shall advise domestic violence victims where the victim may verify the registration and conditions of a release order.

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

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

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

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

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

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

E. An emergency order of protection expires at the close of the next day of judicial business following the day of issue unless otherwise continued by the court.

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

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

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

I. Failure of a law enforcement agency to enforce an emergency order of protection pursuant to this section does not give rise to civil liability except pursuant to § 12-820.02.

CREDIT(S)

Added by Laws 1991, Ch. 225, § 5. Amended by Laws 1992, Ch. 293, § 4; Laws 1994, Ch. 268, § 3; Laws 1997, Ch. 263, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3625

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 36. Family Offenses (Refs & Annos)

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

A. Except for adoptions pursuant to title 8, chapter 1 [FN1] and guardianships pursuant to title 14, chapter 5, [FN2] a person shall not sell or offer to sell a child for money or other valuable consideration and shall not purchase or offer to purchase a child in exchange for money or other valuable consideration.

B. A person who violates this section is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1998, Ch. 289, § 15.

[FN1] Section 8-101 et seq.

[FN2] Section 14-5101 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 37, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 37. Miscellaneous Offenses

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3701

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3701. Unlawful use of food stamps; classification; definition

A. A person commits unlawful use of food stamps if such person knowingly:

1. Uses, transfers, acquires, possesses or redeems food stamps by means of a false statement or representation, a material omission or the failure to disclose a change in circumstances, by any other fraudulent device or in any other manner not authorized by law or by the department of economic security; or

2. Counterfeits, alters, uses, transfers, acquires or possesses counterfeited or altered food stamps or electronic benefit transfer cards; or

3. Appropriates food stamps with which the person has been entrusted or of which the person has gained possession by virtue of a position as a public employee.

4. Uses, after an unlawful transfer, the food stamps of another person.

B. Unlawful use of food stamps under subsection A, paragraph 1 is a class 1 misdemeanor if the value of the food stamps is one hundred dollars or less, or a class 6 felony if the value is over one hundred dollars. Unlawful use of food stamps under subsection A, paragraphs 2, 3 and 4 is a class 5 felony.

C. For the purposes of this section, “food stamps” includes food stamp coupons and electronically transferred supplemental nutrition assistance program benefits.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 100, eff. Oct. 1, 1978. Amended by Laws 1997, Ch. 300, § 7; Laws 2011, Ch. 121, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3702

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 100, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3702.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

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

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

B. A person who knowingly collects any archaeological specimen in violation of § 41-841, subsection B, is guilty of a class 1 misdemeanor.

CREDIT(S)

Added by Laws 1981, Ch. 158, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3703

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3703. Abuse of venerated objects; classification

A. A person commits abuse of venerated objects by intentionally:

1. Desecrating any public monument, memorial or property of a public park; or

2. In any manner likely to provoke immediate physical retaliation:

(a) Exhibiting or displaying, placing or causing to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon a flag or exposing or causing to be exposed to public view a flag upon which there is printed, painted or otherwise produced or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement; or

(b) Exposing to public view, manufacturing, selling, offering to sell, giving or having in possession for any purpose any article of merchandise or receptacle for holding or carrying merchandise upon or to which there is printed, painted, placed or attached any flag in order to advertise, call attention to, decorate, mark or distinguish the article or substance; or

(c) Casting contempt upon, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor upon a flag.

B. The provisions of this section shall not apply to:

1. Any act permitted by a statute of the United States; or

2. Any act permitted by United States military regulations; or

3. Any act where the United States government has granted permission for the use of such flag; or

4. A newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant, commission of appointment to office, ornament, picture, badge or stationery on which shall be printed, painted or placed such flag and which is disconnected from any advertisement for the purpose of sale, barter or trade.

C. For the purposes of this section:

1. “Desecrate” means defacing, damaging, polluting or otherwise doing a physical act in a manner likely to provoke immediate physical retaliation.

2. “Flag” means any emblem, banner or other symbol, of any size, composed of any substance or represented on any substance that evidently purports to be the flag of the United States or of this state.

D. Abuse of venerated objects is a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 100, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3704

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1977, Ch. 142, § 100, eff. Oct. 1, 1978. Amended by Laws 2002, Ch. 219, § 19.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3705

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. The forfeiture pursuant to chapter 39 of this title [FN1] of any implement, device or equipment used to manufacture or distribute the article or outside packaging.

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

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

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

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

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

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

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

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

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

H. Unlawful copying or sale of sounds or images involving one hundred or more articles containing sound recordings or one hundred or more articles containing audiovisual recordings is a class 3 felony. Unlawful copying or sale of sounds or images involving ten or more but less than one hundred articles containing sound recordings or ten or more but less than one hundred articles containing audiovisual recordings is a class 6 felony. Unlawful copying or sale of sounds or images involving less than ten articles containing sound recordings or less than ten articles containing audiovisual recordings is a class 1 misdemeanor.

CREDIT(S)

Added as § 13-1024 by Laws 1971, Ch. 168, § 1. Renumbered as § 13-3705 and amended by Laws 1977, Ch. 142, § 101, eff. Oct. 1, 1978. Amended by Laws 1990, Ch. 147, § 1; Laws 2008, Ch. 121, § 1.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3706

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

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

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

B. Failure to procure or exhibit a business license is a class 2 misdemeanor.

CREDIT(S)

Formerly § 13-1018. Renumbered as § 13-3706 and amended by Laws 1977, Ch. 142, § 102, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3707

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3707. Telecommunication fraud; classification; definitions

A. A person commits telecommunication fraud if the person does any of the following:

1. With the intent to defraud another of the lawful charge for telecommunication service, obtains or attempts to obtain any telecommunication service by:

(a) Charging or attempting to charge the telecommunication service either:

(i) To an existing electronic mail address, telephone number or credit card number without the authority of the person to whom issued or the subscriber to or the lawful holder of the address or number.

(ii) To a nonexistent, counterfeit, revoked or canceled credit card number.

(b) Any method of code calling.

(d) The use of any other fraudulent means, method, trick or device.

2. With the intent that the same be used or employed to evade a lawful charge for any telecommunication service, sells, rents, lends, gives or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, the number or code of an existing, canceled, revoked or nonexistent electronic mail address, telephone number or credit card number or the method of numbering or coding that is employed in the issuance of telephone numbers, account identification codes or credit card numbers.

3. Knowingly makes, constructs, manufactures, fabricates, erects, assembles or possesses any software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device, that is designed or adapted or that can be used either:

(a) To obtain telecommunication service by fraud in violation of this subsection.

(b) To conceal from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication in order to obtain telecommunication service by fraud in violation of this subsection.

4. Knowingly sells, rents, lends, gives, or otherwise transfers or discloses or attempts to transfer or disclose to another, or offers or advertises for sale or rental, any:

(a) Software, instrument, apparatus, equipment or device described in paragraph 3 of this subsection.

(b) Plans, specifications or instructions for making or assembling any software, instrument, apparatus, equipment or device with the intent to use or employ such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device or to allow any software, instrument, apparatus, equipment or device to be used or employed, for a purpose described in paragraph 3 of this subsection.

(c) Plans, specifications or instructions with the intent that the plans, specifications or instructions be used for making or assembling such software, instrument, apparatus, equipment or device, or any part of any software, instrument, apparatus, equipment or device.

B. Subsection A, paragraph 3 of this section does not prohibit the use or possession of any software, instrument, apparatus, equipment or device by either of the following:

1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.

2. Employees or agents of communication service providers as defined in section 13-3001 who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.

C. This section applies when the telecommunication service originates or terminates or both originates and terminates in this state.

D. Telecommunication fraud is a class 3 felony.

E. As used in this section:

1. “Credit card number” means the card number appearing on a credit card, telephone calling card or access device as defined in § 13-2001 that is issued to a person by any supplier of telecommunication service and that permits the person to whom the card or access device has been issued to obtain telecommunication service.

2. “Telecommunication service” includes electronic communication services, subscription computer services, telephone and telegraph services and all other services that involve the transmission of information by wire, radio, cellular, wireless transmission or similar means.

CREDIT(S)

Added as § 13-312.01 by Laws 1961, Ch. 73, § 1. Amended by Laws 1965, Ch. 65, § 1; Laws 1966, Ch. 100, § 1; Laws 1975, Ch. 109, § 1. Renumbered as § 13-3707 and amended by Laws 1977, Ch. 142, § 103, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 238, eff. Oct. 1, 1978; Laws 1995, Ch. 102, § 2; Laws 1997, Ch. 136, § 19; Laws 1998, Ch. 289, § 16; Laws 2000, Ch. 189, § 32.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3708

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3708. Sale or transfer of motor vehicle; lien disclosure; classification

A. A person shall not knowingly sell or transfer the person's ownership in a motor vehicle without disclosing to the purchaser or transferee that the motor vehicle is subject to a restitution lien pursuant to § 13-806.

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

CREDIT(S)

Added by Laws 2011, Ch. 288, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3709

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3709. Obtaining cable television services fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definition

A. Any person who with the intent to defraud another of any part of the lawful charge for services that are provided over or by a licensed cable television system as defined in § 9-505, makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or attaches any unauthorized device or devices to any cable, wire, microwave or other component of a licensed cable television system, to a television set or to any other instrument that is authorized to be attached to a cable television system is guilty of a class 2 misdemeanor.

B. Any person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a licensed cable television system without payment of the charge for those services is guilty of a class 6 felony.

C. For the purposes of subsection B of this section it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a licensed cable television system without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain cable television or other services without payment of the charge for those services.

D. For the purposes of subsection B of this section, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B of this section.

E. A person whose business or property is injured arising out of a violation of this section may bring an action in superior court to recover damages or for an injunction, or both. The successful party to the action may recover reasonable attorney fees.

F. As used in this section “device” includes any component or combination of components capable of converting a scrambled or coded cable television signal to a signal usable on a standard television receiver.

CREDIT(S)

Added as § 13-312.02 by Laws 1976, Ch. 107, § 1. Renumbered as § 13-3709 and amended by Laws 1977, Ch. 142, § 106, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 240, eff. Oct. 1, 1978; Laws 1980, Ch. 57, § 1; Laws 1984, Ch. 263, § 2; Laws 1997, Ch. 136, § 20.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3710

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3710. Obtaining subscription television services; manufacture, distribution and sale of interception and decoding devices; violation; classification; civil remedy; punitive damages

A. A person who for profit does either of the following is guilty of a class 1 misdemeanor:

1. Knowingly attaches or causes to be attached any device or devices to a television set, videotape recorder or other equipment intended to receive television transmissions or incorporates or causes to be incorporated any device into a television set, videotape recorder or other equipment intended to receive television transmissions for the purpose of intercepting or decoding any transmission by a duly licensed over-the-air subscription television service which the person is not authorized by the subscription television service to receive and decode.

2. Manufactures, distributes or sells any device, plan or kit for a device capable of intercepting or decoding transmissions by a duly licensed over-the-air subscription television service, with the intention that such device, plan or kit be used for such intercepting or decoding, unless authorized by the over-the-air subscription television service.

B. A person who suffers injury to his business or property arising out of the violation of this section may maintain an action in the superior court for the recovery of damages or for an injunction, or both. The successful party is entitled to recover reasonable attorney fees as fixed by the court.

CREDIT(S)

Added by Laws 1981, Ch. 278, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3711

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3711. Renumbered as § 13-2311

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3712

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3712. Interruption of or injury to cable television systems; classification

Any person who, without the consent of the owner, knowingly tampers with, removes or injures any cable, wire, microwave or other component of a licensed cable television system as defined in § 9-505 or knowingly interrupts the service of such a licensed cable television system without the consent of the owner is guilty of a class 2 misdemeanor.

CREDIT(S)

Added as § 13-1027 by Laws 1976, Ch. 107, § 2. Renumbered as § 13-3712 and amended by Laws 1977, Ch. 142, § 108, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3713

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3713. Consideration for referral of patient, client or customer; fraud; violation; classification

A. Except for payments from a medical researcher to a physician licensed pursuant to title 32, chapter 13 or 17 [FN1] in connection with identifying and monitoring patients for a clinical trial regulated by the United States food and drug administration, a person who knowingly offers, delivers, receives or accepts any rebate, refund, commission, preference or other consideration as compensation for referring a patient, client or customer to any individual, pharmacy, laboratory, clinic or health care institution providing medical or health-related services or items pursuant to title 11, chapter 2, article 7 [FN2] or title 36, chapter 29, [FN3] other than specifically provided for in accordance with title 11, chapter 2, article 7 or title 36, chapter 29, is guilty of:

1. A class 3 felony if the consideration had a value of one thousand dollars or more.

2. A class 4 felony if the consideration had a value of more than one hundred dollars but less than one thousand dollars.

3. A class 6 felony if the consideration had a value of one hundred dollars or less.

B. A person who knowingly presents false information or misrepresents or conceals a material fact on an application for medical or health coverage pursuant to title 36, chapter 29 or § 11-291 or who knowingly fails to notify the county of residence of a change in conditions that, if notification had been made, would have resulted in termination of eligibility or change in eligibility status for medical or health coverage pursuant to title 36, chapter 29 or § 11-291 is guilty of a class 6 felony.

C. A person who knowingly obtains or attempts to obtain medical or health coverage pursuant to title 36, chapter 29 or § 11-291 by the use of any means of identification not authorized by the Arizona health care cost containment system administration or by the use of any means of identification authorized by the Arizona health care cost containment system administration that has been or would have been fraudulently acquired is guilty of:

1. A class 5 felony if the value of the medical or health coverage or attempted coverage is one thousand dollars or more.

2. A class 6 felony if the value of the medical or health coverage or attempted coverage exceeds one hundred dollars but is less than one thousand dollars.

3. A class 1 misdemeanor if the value of the medical or health coverage or attempted coverage is one hundred dollars or less.

D. A person who knowingly counterfeits or alters any means of identification or uses, transfers, acquires or possesses counterfeited or altered identification for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or § 11-291 is guilty of a class 4 felony.

E. A person lawfully entitled to medical or health coverage pursuant to title 36, chapter 29 or § 11-291 who knowingly furnishes, gives or lends that person's means of identification to any person for the purpose of fraudulently obtaining medical or health coverage pursuant to title 36, chapter 29 or § 11-291 is guilty of a class 6 felony.

F. A person who knowingly aids or abets another person pursuant to § 13-301, 13-302 or 13-303 in the commission of an offense under this section or § 36-2905.04 is guilty of a class 5 felony.

G. The county attorney of the county in which the violation occurs and the attorney general have concurrent jurisdiction to prosecute all violations specified in this section.

CREDIT(S)

Added by Laws 1981, 4th S.S., Ch. 1, § 7. Amended by Laws 1984, Ch. 372, § 7, eff. May 5, 1984; Laws 1985, Ch. 316, § 7, eff. May 10, 1985; Laws 1996, Ch. 288, § 3; Laws 2004, Ch. 25, § 1.

[FN1] Sections 32-1401 et seq. and 32-1801 et seq.

[FN2] Section 11-291 et seq.

[FN3] Section 36-2901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3714

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 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 3.4 [FN1] 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 3.4, 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 3.4, and who is not licensed at the time of the act, is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1984, Ch. 87, § 1. Amended by Laws 2001, Ch. 205, § 2, eff. Oct. 1, 2001.

[FN1] Sections 20-281 et seq., 20-311 et seq., 20-321 et seq., 20-331 et seq., 20-341 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3715

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3715. Unauthorized manufacture, duplication, use or possession of key to a public building; classification

A. A person who knowingly causes to be manufactured or duplicated or who possesses or uses a key to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state without authorization from the person, or his designated representative, in charge of such building or area is guilty of a class 3 misdemeanor.

B. A person who manufactures or duplicates a key for himself or another to any building or other area owned, operated or controlled by this state or any agency, board, commission, institution or political subdivision of this state, with knowledge that he or the person requesting the manufacturing or duplication of such key does not have authorization from the person or his designated representative in charge of such building or area, is guilty of a class 3 misdemeanor.

CREDIT(S)

Added by Laws 1985, Ch. 142, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3716

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3716. Unlawful failure to give notice of conviction of dangerous crime against children or child abuse; classification

A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in § 13-705 or child abuse pursuant to § 13-3623, subsection A or subsection B, paragraph 1 to fail to give notice of the fact of the conviction to a business institution or organization when applying for employment or volunteering for service with any business institution or organization that sponsors any activity in which adults supervise children. For the purposes of this subsection, business institutions or organizations include schools, preschools, child care providers and youth organizations.

B. A person who violates this section is guilty of a class 5 felony.

CREDIT(S)

Added by Laws 1987, Ch. 194, § 1. Amended by Laws 1996, Ch. 108, § 1; Laws 2000, Ch. 50, § 5; Laws 2008, Ch. 301, § 86, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3717

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3717. Unlawful subleasing of motor vehicle; violation; classification; definitions

A. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:

1. The motor vehicle is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement.

2. The person is not a party to the lease contract, retail installment contract or security agreement.

3. The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement to any person who is not a party to the lease contract, retail installment contract or security agreement.

4. The person does not obtain, before the transfer or assignment, written consent to the transfer or assignment from the motor vehicle's lessor, seller or secured party.

5. The person receives compensation or some other consideration for the transfer or assignment.

B. A person engages in an act of unlawful subleasing of a motor vehicle if the person is not a party to the lease contract, retail installment contract or security agreement and assists, causes or arranges an actual or purported transfer or assignment.

C. The actual or purported transfer or assignment, or the assisting, causing or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, retail installment contract or security agreement by an individual who is a party to the lease contract, retail installment contract or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution.

D. This section does not affect the enforceability of any provision of any lease contract, retail installment contract, security agreement or direct loan agreement by any party to the contract or agreement.

E. The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section.

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

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

1. “Buyer” means a person who buys or hires a motor vehicle under a retail installment contract.

2. “Direct loan agreement” means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by the motor vehicle which the purchaser has purchased.

3. “Lease contract” means a contract for or in contemplation of the lease for the use of a motor vehicle and the purchase of services incidental to the lease by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation.

4. “Lessee” includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.

5. “Lessor” includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.

6. “Motor vehicle” means a motor vehicle which is required to be registered under title 28, chapter 7 [FN1] and which has a gross weight, as defined in § 28-5431, of ten thousand pounds or less.

7. “Purchaser” has the same meaning prescribed in § 47-1201.

8. “Retail installment contract” has the same meaning prescribed in § 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.

9. “Secured party” has the same meaning prescribed in § 47-9102.

10. “Security agreement” has the same meaning prescribed in § 47-9102.

11. “Security interest” has the same meaning prescribed in § 47-1201.

12. “Seller” means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract.

CREDIT(S)

Added by Laws 1988, Ch. 328, § 2. Amended by Laws 1997, Ch. 1, § 34, eff. Oct. 1, 1997; Laws 1999, Ch. 203, § 6, eff. July 1, 2001.

[FN1] Section 28-2001 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3718

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3718. Sale of ticket in excess of regular price; classification; definition

A. It is unlawful for any person to sell or offer to sell a ticket of admission to an event, which ticket was purchased for the purpose of resale, for a price in excess of the price as printed on the face of the ticket, plus lawful taxes and any other charge or assessment which is required to be paid in order to purchase the ticket from the original vendor, while being within two hundred feet of an entry to the stadium, arena, theater or other place where an event is being held, or of the entry to a contiguous parking area.

B. It is unlawful for any person to change the price printed on the face of the ticket without the written permission of the original vendor of the ticket.

C. Any person who violates this section is guilty of a petty offense.

D. For purposes of this section, “event” shall mean a theatrical production, concert, sporting event or other entertainment event.

CREDIT(S)

Added by Laws 1989, Ch. 245, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3719

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3719. Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently; manufacturing, distributing and selling unauthorized decoding devices; classification; definitions

A. A person who with the intent to defraud another person of any part of the lawful charge for services that are provided over or by a wireless telecommunications service or wireless telecommunications device, who [FN1] makes any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, or who attaches any unauthorized device or devices to any cable, wire, microwave or other component of a wireless telecommunications service or wireless telecommunications device, or to any other instrument that is authorized to be attached to a wireless telecommunications service or wireless telecommunications device is guilty of a class 2 misdemeanor.

B. A person who manufactures, distributes, sells, rents, lends, offers or advertises for sale, rental or use any device that the person intends to be used by another person to obtain services that are provided over or by a wireless telecommunications service or wireless telecommunications device without payment of the charge for those services is guilty of a class 6 felony.

C. For the purposes of subsection B it is a rebuttable presumption that the person intended that the device would be used by another person to obtain services that are provided over or by a wireless telecommunications service or wireless telecommunications device without payment of the charge for those services if, while advertising, selling, renting or lending the device, the person states that the device will enable the person who receives the device to obtain wireless telecommunications services or wireless telecommunications devices without payment of the charge for those services.

D. For the purposes of subsection B, it is a separate violation for each individual device that is manufactured, distributed, sold, rented, lent, offered or advertised for sale, rental or use in violation of subsection B.

F. For the purposes of this section:

1. “Wireless telecommunications device” means an instrument, device, machine or equipment that is capable of transmitting or receiving telephonic, electronic or radio communications or any part of an instrument, device, machine or equipment. Wireless telecommunications device includes computer circuits, computer chips, electronic mechanisms or other components that are capable of facilitating the transmission or reception of telephonic, electronic or radio communications.

2. “Wireless telecommunications service” includes any service that is provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by wireless telephone equipment, including cellular telephone, wire, radio electromagnetic, photoelectronic or photo-optical system.

CREDIT(S)

Added by Laws 1997, Ch. 136, § 21.

[FN1] So in original. The portion reading, “, who” should not have been included.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3720

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3720. Dropping objects from overpass; classification; definition

A. A person on an overpass who with criminal negligence drops, throws, shoots or otherwise propels an object at or on the lower level street or highway or at or on a motor vehicle that is standing or being operated on the lower level street or highway is guilty of a class 1 misdemeanor.

B. For purposes of this section, “overpass” means the upper level of a crossing, at different levels, of two streets or highways or a street or highway and a pedestrian path or railroad.

CREDIT(S)

Added by Laws 1996, Ch. 76, § 2, eff. Oct. 1, 1997.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3721

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3721. Tattoos, brands, scarifications and piercings; minors; anesthesia; exception; defense; violation; classification; definitions

A. It is unlawful for a person:

1. To intentionally brand, scarify, implant, mutilate, tattoo or pierce the body of a person who is under eighteen years of age without the physical presence of the parent or legal guardian of the person requesting the brand, scar, tattoo, implant, mutilation or piercing.

2. Who tattoos or pierces the body of another person to use a needle or any substance that will leave color under the skin more than once or to use a needle that is not sterilized with equipment used by state licensed medical facilities pursuant to title 36, chapter 4. [FN1]

3. To engage in the business of tattooing, branding, scarifying, implanting, mutilating or body piercing out of a home or an impermanent structure, including a tent, trailer, trunk or other impermanent structure.

4. Who is not licensed pursuant to title 32 [FN2] to administer anesthesia during the course of any procedure involving the branding, scarifying, tattooing, implanting, mutilating or piercing of the body of another person.

B. Subsection A, paragraph 1 does not apply to the ear piercing of a person who has written or verbal permission from a parent or legal guardian or to procedures that are prescribed by a health care provider who is licensed pursuant to title 32.

C. It is a defense to a prosecution for a violation of subsection A, paragraph 1 that the person requested age identification and relied in good faith on the accuracy of the information contained in the identification.

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

E. For the purposes of this section:

1. “Implant”, “mutilate”, “brand”, “scarify” or “pierce” means to mark the skin or other body part with any indelible design, letter, scroll, figure, symbol or other mark that is placed by the aid of instruments on or under the skin or body part and that cannot be removed without a surgical procedure or any design, letter, scroll, figure, symbol or other mark done by scarring on or under the skin or other body part. Implant does not include cosmetic implants.

2. “Tattoo” means to mark the skin with any indelible design, letter, scroll, figure, symbol or any other mark that is placed by the aid of needles or other instruments upon or under the skin with any substance that will leave color under the skin and that cannot be removed, repaired or reconstructed without a surgical procedure or any design, letter, scroll, figure, symbol or other mark done by scarring upon or under the skin.

CREDIT(S)

Added as § 13-3720 by Laws 1996, Ch. 222, § 1. Renumbered as § 13-3721. Amended by Laws 1999, Ch. 323, § 1.

[FN1] Section 36-401 et seq.

[FN2] Section 32-101 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3722

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 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 is registered with the secretary of state pursuant to § 44-6552.

B. A person who violates this section is guilty of a class 3 misdemeanor.

CREDIT(S)

Added by Laws 1998, Ch. 109, § 1. Amended by Laws 1999, Ch. 164, § 1; Laws 2001, Ch. 335, § 1; Laws 2012, Ch. 22, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3723

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 2004, Ch. 53, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3724

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3724. Obtaining utility service fraudulently; classification; definitions

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

1. Make a connection or reconnection with property that is owned or used by a utility to provide utility service without the authorization or consent of the utility.

2. Prevent a utility meter or other device that is used to determine the charge for utility services from accurately performing its measuring function.

3. Tamper with property that is owned or used by a utility.

4. Use, receive or otherwise divert utility services without the authorization or consent of the utility if the customer or person knows or has reason to know of the unlawful diversion, tampering or connection.

5. Divert or cause to be diverted utility services by any means.

B. There is a rebuttable presumption that the customer or person intentionally violated an act specified in this section if any of the following occurs:

1. An instrument, apparatus or device that was installed to obtain utility service without paying the full charge is found attached to the meter or other device that is used to provide the utility service on the premises controlled by the customer or by the person who uses or receives the utility service.

2. A meter was altered, tampered with or bypassed resulting in no measurement or an inaccurate measurement of utility services.

3. The customer, person or owner is an occupant of the premises or has an access to the system for delivery of the service to the premises and receives a benefit from tampered or bypassed equipment.

C. The presumption provided in subsection B shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.

D. Obtaining utility service fraudulently is a class 6 felony.

E. For the purposes of this section:

1. “Customer” means the person in whose name a utility service is provided.

2. “Divert” means to change the intended course or path of electricity, gas or water without the authorization or consent of the utility.

3. “Reconnection” means the restoration of utility service to a customer or person after service has been legally disconnected by the utility.

4. “Tamper” means to rearrange, damage, alter, interfere with or otherwise prevent the performance of a normal or customary function, including any of the following:

(a) Connecting any wire, conduit or device to any service, distribution or transmission line that is owned or used by a utility.

(b) Defacing, puncturing, removing, reversing or altering any meter or any connections to secure unauthorized or unmeasured utility service.

(d) Knowingly taking, receiving, using or converting to personal use or the use of another person any utility service without authorization or consent.

(e) Causing, procuring, permitting, aiding or abetting any person to do any of the acts listed in this paragraph.

5. “Utility” means any public service corporation, agricultural improvement district or other person that is engaged in the generation, transmission or delivery of electricity, water or natural gas, including this state or any political subdivision of this state.

6. “Utility service” means the provision of services or commodities by the utility for compensation.

CREDIT(S)

Added as § 13-3723 by Laws 2004, Ch. 207, § 1. Renumbered as § 13-3724.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3725

Effective: June 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3725. Interference with monitoring devices; classification

A. A person commits interference with monitoring devices by either:

1. Being required to be on electronic monitoring or global position system monitoring and removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring.

2. Assisting any person who is required to be on electronic monitoring or global position system monitoring in removing or bypassing any device or equipment that is necessary for the electronic monitoring or global position system monitoring.

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

CREDIT(S)

Added by Laws 2006, Ch. 368, § 2, eff. June 21, 2006.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3726

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3726. Unauthorized use of the name, portrait or picture of a deceased soldier; civil action; exceptions; classification; definition

A. A person shall not knowingly use the name, portrait or picture of a deceased soldier for the purpose of advertising for the sale of any goods, wares or merchandise or for the solicitation of patronage for any business without having obtained prior consent to the use by the soldier or by the soldier's spouse, immediate family member, trustee if the soldier is a minor or legally designated representative.

B. Any person who is injured by the use of the name, portrait or picture of a deceased soldier in violation of subsection A of this section may bring a civil action against the person who committed the violation pursuant to § 12-761.

C. This section does not apply to the following:

1. The use of a soldier's name, portrait or picture in an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the performance, musical work, play, book, article or film does not itself constitute a commercial advertisement for any goods, wares or merchandise.

2. The use of a soldier's name, portrait or picture for noncommercial purposes, including any news, public affairs or sports broadcast or account.

3. The use of a soldier's name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance.

4. Any promotional materials, advertisements or commercial announcements for a use described in paragraph 1, 2 or 3.

5. The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person who may enforce the soldier's rights and remedies.

6. A soldier's picture or portrait that is not facially identifiable.

7. A photograph of a monument or a memorial that is placed on any goods, wares or merchandise.

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

E. For the purposes of this section, “soldier” means any active duty member or former member of the armed forces of the United States, including any member who was killed in the line of duty.

CREDIT(S)

Added by Laws 2007, Ch. 227, § 2, eff. May 24, 2007.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3727

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

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

A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in § 13-705 or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in § 13-705, who is required to register pursuant to § 13-3821 and who is classified as a level three offender pursuant to §§ 13-3825 and 13-3826 to reside within one thousand feet of the real property comprising any of the following:

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

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

3. A child care facility as defined in § 36-881.

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

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

2. A person who is a minor.

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

4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title. [FN1]

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

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

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

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

CREDIT(S)

Added as § 13-3726 by Laws 2007, Ch. 212, § 1. Renumbered as § 13-3727. Amended by Laws 2008, Ch. 6, § 1; Laws 2008, Ch. 301, § 87, eff. Jan. 1, 2009.

[FN1] Section 13-901 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3728

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 37. Miscellaneous Offenses (Refs & Annos)

§ 13-3728. Unlawful purchase or sale of used catalytic converter; classification

A. It is unlawful for a person to purchase or sell a used catalytic converter unless the purchase or sale is in the ordinary course of business by a commercial motor vehicle parts or repair business in connection with the sale or installation of a new catalytic converter.

B. This section does not apply to an automotive recycler as defined and licensed pursuant to title 28, chapter 10 [FN1].

C. A violation of this section is a class 1 misdemeanor.

CREDIT(S)

Added by Laws 2009, Ch. 144, § 5. Amended by Laws 2012, Ch. 196, § 1.

[FN1] Section 28-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 1, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3801

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3801. Preventing offenses; aiding officer

A. Public offenses may be prevented by intervention of peace officers as follows:

1. By requiring security to keep the peace.

2. Forming a police detail in cities and towns and requiring their attendance in exposed places.

3. Suppressing riots.

B. When peace officers are authorized to act in preventing public offenses, other persons, who, by their command, act in their aid, are justified in so doing.

CREDIT(S)

Formerly § 13-1201. Renumbered as § 13-3801 by Laws 1977, Ch. 142, § 110, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3802

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3802. Right to command aid for execution of process; punishment for resisting process

A. When a sheriff or other public officer authorized to execute process finds, or has reason to believe that resistance will be made to execution of the process, such officer may command as many inhabitants of the county as the officer deems proper to assist in overcoming such resistance.

B. The officer shall certify to the court from which the process issued the names of those persons resisting, and they may be proceeded against for contempt of court.

CREDIT(S)

Formerly § 13-1202. Amended by Laws 1973, Ch. 172, § 52. Renumbered as § 13-3802 by Laws 1977, Ch. 142, § 110, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 241, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3803

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1203. Renumbered as § 13-3803 by Laws 1977, Ch. 142, § 110, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3804

Effective: September 30, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3804. Duty of officers to disperse unlawful assembly

A. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, officials governing the city or town, peace officers or justices of the peace and constables, or any of them, shall go among the persons assembled, or as near to them as possible, and command them, in the name of the state, immediately to disperse.

B. If the people assembled do not immediately disperse, the magistrate and officers shall arrest them, and for that purpose may command the aid of all persons present or within the county.

CREDIT(S)

Formerly § 13-1204. Renumbered as § 13-3804 by Laws 1977, Ch. 142, § 110, eff. Oct. 1, 1978. Amended by Laws 2009, Ch. 174, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3805

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3805. Repealed by Laws 1978, Ch. 201, § 244, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3806

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3806. Duty of physician or attendant upon treating certain wounds; classification

A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot wounds, knife wounds or other material injury which may have resulted from a fight, brawl, robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city marshal, if in an incorporated city or town, or the sheriff, or the nearest police officer, of the circumstances, together with the name and description of the patient, the character of the wound and other facts which may be of assistance to the police authorities in the event the condition of the patient may be due to any illegal transaction or circumstances.

B. Any violation of the provisions of this section by a physician, surgeon, nurse or hospital attendant, is a class 3 misdemeanor.

CREDIT(S)

Formerly § 13-1206. Renumbered as § 13-3806 and amended by Laws 1977, Ch. 142, § 111, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3807

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 1. Prevention of Offenses (Refs & Annos)

§ 13-3807. Renumbered as § 13-413

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 2, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3811

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

§ 13-3811. Complaint

A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another.

CREDIT(S)

Formerly § 13-1221. Renumbered as § 13-3811 by Laws 1977, Ch. 142, § 112, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3812

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

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

When the complaint is laid before the magistrate, he shall examine, on oath, the complainant and any witness he produces, and if there is just reason to believe that the commission of the offense threatened by the person complained of is imminent, the magistrate shall issue a summons, or warrant of arrest, reciting the substance of the complaint. If a warrant of arrest is issued, it shall command the officer to forthwith arrest the person complained of, and bring him before the magistrate.

CREDIT(S)

Formerly § 13-1222. Renumbered as § 13-3812 by Laws 1977, Ch. 142, § 112, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3813

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

§ 13-3813. Hearing; discharge; bond; new bond; filing

A. When the person complained of appears or is brought before the magistrate, if the charge is controverted the magistrate shall hear and determine it.

B. If it appears that there is no just reason to believe the commission of the offense alleged to have been threatened is imminent, the person complained of shall be discharged.

C. If there is just reason to believe the commission of the offense is imminent, the person complained of may be required to enter into a bond in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the state, and particularly toward the complainant.

D. The bond provided in subsection C shall be binding for six months, and may, upon renewal of the complaint, be extended for a longer period, or a new bond may be required.

E. The bond shall be filed by the magistrate in the office of the clerk of the superior court.

CREDIT(S)

Formerly § 13-1223. Renumbered as § 13-3813 by Laws 1977, Ch. 142, § 112, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3814

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

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

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

B. The person required to give bond may be discharged by any magistrate upon giving the bond.

CREDIT(S)

Formerly § 13-1224. Renumbered as § 13-3814 and amended by Laws 1977, Ch. 142, § 113, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3815

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

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

Upon conviction of the person complained against of any breach of the peace, the condition of bond is violated, and the county attorney shall thereupon commence action upon it in the name of the state. In the action, the offense charged in the record of conviction shall be alleged as a breach of the bond, and such record shall be conclusive evidence of the breach.

CREDIT(S)

Formerly § 13-1225. Renumbered as § 13-3815 by Laws 1977, Ch. 142, § 112, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3816

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 2. Security to Keep the Peace (Refs & Annos)

§ 13-3816. Offense or threat in presence of magistrate; bond

A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give bond as required in this article, and if he fails to do so he may be committed as provided by this article.

CREDIT(S)

Formerly § 13-1226. Renumbered as § 13-3816 by Laws 1977, Ch. 142, § 112, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 3, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3821

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

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

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

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

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

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

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

5. Sexual assault pursuant to § 13-1406.

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

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

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

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

10. Child prostitution pursuant to § 13-3212, subsection A or subsection B, paragraph 1 or 2.

11. Commercial sexual exploitation of a minor pursuant to § 13-3552.

12. Sexual exploitation of a minor pursuant to § 13-3553.

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

14. Sex trafficking of a minor pursuant to § 13-1307.

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

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

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

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

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

20. Unlawful age misrepresentation.

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

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

C. Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title [FN1] or for an offense for which there was a finding of sexual motivation pursuant to § 13-118 may require the person who committed the offense to register pursuant to this section.

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

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

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

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

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

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

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

I. At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety, including all names by which the person is known, any required online identifier and the name of any website or internet communication service where the identifier is being used. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides. The information that is required by this subsection shall include the physical location of the person's residence and the person's address. If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease. If the person receives mail at a post office box, the person shall provide the location and number of the post office box. If the person has more than one residence or does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.

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

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

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

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

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

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

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

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

R. For the purposes of this section:

1. “Address” means the location at which the person receives mail.

2. “Required online identifier” means any electronic e-mail address information or instant message, chat, social networking or other similar internet communication name, but does not include a social security number, date of birth or pin number.

3. “Residence” means the person's dwelling place, whether permanent or temporary.

CREDIT(S)

Added by Laws 1983, Ch. 202, § 13. Amended by Laws 1985, Ch. 364, § 32, eff. May 16, 1985; Laws 1993, Ch. 15, § 1, eff. March 26, 1993; Laws 1995, Ch. 257, § 3; Laws 1996, Ch. 315, § 2; Laws 1997, Ch. 136, § 22; Laws 1998, Ch. 291, § 2; Laws 1999, Ch. 261, § 32; Laws 1999, Ch. 305, § 1; Laws 2001, Ch. 109, § 2; Laws 2003, Ch. 42, § 1, eff. Jan. 1, 2004; Laws 2003, Ch. 173, § 1; Laws 2004, Ch. 142, § 2; Laws 2005, Ch. 176, § 1; Laws 2005, Ch. 185, § 8; Laws 2005, Ch. 282, § 3; Laws 2006, Ch. 101, § 2; Laws 2006, Ch. 135, § 2; Laws 2006, Ch. 160, § 1; Laws 2006, Ch. 184, § 1; Laws 2007, Ch. 84, § 1, eff. Jan. 1, 2008; Laws 2007, Ch. 176, § 4; Laws 2008, Ch. 97, § 3; Laws 2008, Ch. 219, § 5; Laws 2008, Ch. 301, § 89, eff. Jan. 1, 2009; Laws 2010, 7th S.S., Ch. 6, § 4; Laws 2010, Ch. 234, § 1; Laws 2010, Ch. 255, § 8; Laws 2012, Ch. 23, § 1.

[FN1] Section 13-1401 et seq. or 13-3551 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3822

Effective: August 2, 2012

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3822. Notice of moving from place of residence or change of name or electronic information; forwarding of information; definitions

A. Within seventy-two hours, excluding weekends and legal holidays, after moving from the person's residence within a county or after changing the person's name, a person who is required to register under this article shall inform the sheriff in person and in writing of the person's new residence, address or new name. If the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box, the person shall notify the sheriff of the person's address. If the person has more than one residence or does not have an address or a permanent place of residence, the person shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. Within three days after receipt of such information, the sheriff shall forward it to the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of the person to the chief of police, if any, of the place to which the person has moved.

B. Within seventy-two hours after a person moves from a county in which the person is registered, the person shall notify in writing the sheriff of the county from which the person moves. If the person is subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move. If the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered. If the person has not reregistered, the local law enforcement agency shall notify the local law enforcement agency in the county in which the person last resided. Any law enforcement agency in the county in which the person last resided shall conduct an investigation and shall submit a report to the appropriate county attorney.

C. A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after a person makes any change to any required online identifier, and before any use of a changed or new required online identifier to communicate on the internet. Within three days after receipt of the information, the sheriff shall forward the information to the department of public safety. Within three days after receipt of the information from the sheriff, the department of public safety shall update the person's information in the department of public safety database.

D. For the purposes of this section:

1. “Address” means the location at which the person receives mail.

3. “Residence” means the person's dwelling place, whether permanent or temporary.

CREDIT(S)

Formerly § 13-1272. Renumbered as § 13-3822 by Laws 1977, Ch. 142, § 114, eff. Oct. 1, 1978. Amended by Laws 1985, Ch. 54, § 1; Laws 1995, Ch. 257, § 4; Laws 1996, Ch. 315, § 3; Laws 1997, Ch. 136, § 23; Laws 2001, Ch. 109, § 3; Laws 2005, Ch. 282, § 4; Laws 2006, Ch. 101, § 3; Laws 2006, Ch. 160, § 2; Laws 2006, Ch. 184, § 2; Laws 2007, Ch. 84, § 2, eff. Jan. 1, 2008; Laws 2012, Ch. 23, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3823

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3823. Access to records

Except for use by law enforcement officers and for dissemination as provided in § 41-1750, a statement, photograph or fingerprint required by this article shall not be made available to any person.

CREDIT(S)

Formerly § 13-1273. Renumbered as § 13-3823 by Laws 1977, Ch. 142, § 114, eff. Oct. 1, 1978. Amended by Laws 1985, Ch. 54, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3824

Effective: June 15, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3824. Violation; classification; assessment

A. A person who is subject to registration under this article and who fails to comply with the requirements of this article is guilty of a class 4 felony.

B. Notwithstanding subsection A of this section, a person who fails to comply with § 13-3821, subsection J is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this subsection.

CREDIT(S)

Formerly § 13-1274. Renumbered as § 13-3824 and amended by Laws 1977, Ch. 142, § 116, eff. Oct. 1, 1978. Amended by Laws 1985, Ch. 364, § 33, eff. May 16, 1985; Laws 1996, Ch. 315, § 4; Laws 1997, Ch. 136, § 24; Laws 1998, Ch. 291, § 3; Laws 2004, Ch. 142, § 3; Laws 2005, Ch. 320, § 2; Laws 2006, Ch. 160, § 3; Laws 2008, Ch. 301, § 90, eff. Jan. 1, 2009; Laws 2010, 7th S.S., Ch. 6, § 5.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3825

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3825. Community notification

A. Within seventy-two hours after a person who was convicted or adjudicated guilty except insane is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state, the agency that had custody or responsibility for supervision of the person who was convicted of or adjudicated guilty except insane for committing an offense for which the person was required or ordered by the court to register pursuant to § 13-3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification database:

1. The offender's identifying information.

2. A risk assessment of the offender.

3. The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed.

B. Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall cross-reference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required or ordered by the court pursuant to § 13-3821. If the person is not registered, the local law enforcement agency or the department of public safety shall request that the county attorney in the county in which the person was convicted or adjudicated guilty except insane petition the court for an arrest warrant to be issued and, if appropriate, notify the interstate compact administrator for this state. If the person is registered, the department of public safety shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered.

C. After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty-five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

D. If a person who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense in another state registers pursuant to § 13-3821, subsection A, the sheriff in the county in which the person registers shall forward the information to the chief law enforcement officer of the community in which the person resides. The chief law enforcement officer shall contact the state in which the person was convicted or adjudicated guilty except insane or not guilty by reason of insanity and shall obtain information regarding the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification risk assessment, the agency shall categorize the offender as a level two offender. Within forty-five days, the local law enforcement agency shall notify the community of the person's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

E. On receiving notice pursuant to § 13-3822 that a person who is required to register has moved from the person's address, the chief law enforcement officer of the community to which the person has relocated may notify that community of the person's relocation to the community, pursuant to subsection C of this section. If the community does not have a local law enforcement agency, the sheriff of the county to which the person has relocated shall notify the community of the person's relocation.

F. In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision to the county probation department or to the state department of corrections, as appropriate.

G. Information concerning a person who is required to register pursuant to § 13-3821, who is subject to the provisions of community notification and who is a student at a public or private institution of postsecondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of postsecondary education shall be promptly made available by the county sheriff to the law enforcement agency having jurisdiction for performing community notification pursuant to guidelines adopted under § 13-3826. The law enforcement agency shall notify the institution's administration and shall complete appropriate campus notification pursuant to guidelines adopted under § 13-3826.

H. This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section.

I. Except as provided in subsection J of this section, this section applies to all persons who are subject to the registration requirements in § 13-3821 whether or not the person was convicted or adjudicated guilty except insane before or after June 1, 1996.

J. This section does not apply to persons who are subject to the registration requirements in § 13-3821 as a result of offenses adjudicated by a juvenile court unless ordered by the court.

K. Notwithstanding subsections B and C of this section, the agency that had custody or responsibility for supervision of an offender or the court that sentenced the offender who was convicted of or adjudicated guilty except insane for committing an offense that subjects the offender to the registration requirements of § 13-3821 and who committed the offense before June 1, 1996 may conduct a risk assessment for the offender as existing resources are available pursuant to guidelines adopted by the community notification guidelines committee pursuant to § 13-3826. Community notification pursuant to this section and sex offender web site notification pursuant to § 13-3827 shall only be conducted after the risk assessment is complete.

L. The court may continue, defer or terminate community notification after a hearing held pursuant to § 13-923.

CREDIT(S)

Added by Laws 1995, Ch. 257, § 5, eff. June 1, 1996. Amended by Laws 1996, Ch. 315, § 5; Laws 1997, Ch. 136, § 25; Laws 1998, Ch. 291, § 4; Laws 2001, Ch. 109, § 4; Laws 2003, Ch. 173, § 2; Laws 2004, Ch. 308, § 1; Laws 2006, Ch. 201, § 1; Laws 2008, Ch. 9, § 1; Laws 2010, Ch. 234, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3826

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3826. Community notification guidelines committee; members; duties; definition

A. The community notification guidelines committee is established consisting of the following members:

1. A member of the senate who is appointed by the president of the senate to serve as cochairperson of the committee.

2. A member of the house of representatives who is appointed by the speaker of the house of representatives to serve as cochairperson of the committee.

3. The attorney general or the attorney general's designee.

4. The chairman of the senate judiciary committee or its successor committee, who serves as an advisory member.

5. A member of the minority party in the senate who is appointed by the president of the senate and who serves as an advisory member.

6. The chairman of the house of representatives judiciary committee or its successor committee, who serves as an advisory member.

7. A member of the minority party in the house of representatives who is appointed by the speaker of the house of representatives and who serves as an advisory member.

8. Two sheriffs or their designees who are appointed by the president of the Arizona county attorneys and sheriffs association, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

9. Two chiefs of police or their designees who are appointed by the president of the Arizona association of chiefs of police, one of whom represents a city or town in a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a city or town in a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

10. Two county attorneys or their designees who are appointed by the chairman of the Arizona prosecuting attorneys' advisory council, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

11. Two county adult probation officers or their designees who are appointed by the chief justice of the supreme court, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

12. One state adult parole administrator or the administrator's designee who is appointed by the governor.

13. The director of the department of public safety or the director's designee.

14. The director of the department of transportation or the director's designee.

15. One person who is licensed under title 32, chapter 19.1 [FN1] and who is appointed by the state board of psychologist examiners.

16. One representative of a public defender's office who is recommended by an association of public defenders and who is appointed by the speaker of the house of representatives.

17. One advocate or community restitution provider who is appointed by the president of the senate.

18. Two public members, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.

B. Appointed members serve two year terms.

C. The members shall meet at a time and place set by the cochairpersons.

D. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. [FN2]

E. The committee shall:

1. Adopt community notification guidelines. The committee shall monitor the implementation of the community notification guidelines that the committee adopts. The guidelines shall provide for levels of notification based on the risk that a particular sex offender poses to the community. The notification requirements are as follows:

(a) For level two and level three offenders, the notification shall be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification shall include a flyer with a photograph and exact address of the offender as well as a summary of the offender's status and criminal background. A press release and a level two or level three flyer shall be given to the local electronic and print media to enable information to be placed in a local publication.

(b) For level one offenders, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides.

2. Develop and recommend a process for a sex offender to request a notification level review and for the court to determine if a sex offender notification level may be reduced or the offender is no longer required to register. The committee shall submit a report of its recommendation to the governor, the president of the senate and the speaker of the house of representatives on or before December 15, 2004 and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

3. Study whether there is uniform and consistent application of the community notification guidelines on a statewide basis, including whether offenders who pose similar risks are assigned similar notification levels in different jurisdictions.

F. The committee shall adopt guidelines regarding how community notification pursuant to § 13-3825, subsection K should be conducted, including whether community notification should occur. The guidelines should provide for flexibility based on resources and the availability of records. The committee may adopt procedures that allow offenders required to register to not be classified if necessary records are not reasonably available.

G. For the purposes of this section, “advisory member” means a member who advises other committee members during meetings but who is ineligible to vote and who is not a member for the purposes of determining if a quorum is present.

CREDIT(S)

Added by Laws 1997, Ch. 136, § 26. Amended by Laws 1999, Ch. 305, § 2; Laws 2004, Ch. 272, § 1; Laws 2004, Ch. 308, § 2; Laws 2005, Ch. 187, § 22, eff. Jan. 1, 2006; Laws 2006, Ch. 201, § 2.

[FN1] Section 32-2061 et seq.

[FN2] Section 38-621 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3827

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3827. Internet sex offender website; investigation of records; immunity; definition

A. The department of public safety shall establish and maintain an internet sex offender website for offenders whose risk assessment has been determined to be a level two or level three. The purpose of the internet sex offender website is to provide sex offender information to the public.

B. The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to § 13-3821:

1. The offender's name, address and age.

2. A current photograph.

3. The offense committed and notification level pursuant to § 13-3826, subsection E, if a risk assessment has been completed pursuant to § 13-3825.

C. The department of public safety shall annually update on the website the name, address and photograph of each sex offender.

D. The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used. This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.

E. The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization. The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system. The requesting business or organization shall not further disseminate that the person is a registered sex offender.

F. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.

G. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

H. The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

I. A person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.

J. For the purpose of this section, “required online identifier” means any electronic e-mail address information or instant message, chat, social networking or other similar internet communication name, but does not include a social security number, date of birth or pin number.

CREDIT(S)

Added by Laws 1998, Ch. 291, § 5. Amended by Laws 1999, Ch. 261, § 33; Laws 1999, Ch. 305, § 3; Laws 2003, Ch. 263, § 11; Laws 2004, Ch. 142, § 4; Laws 2007, Ch. 84, § 3, eff. Jan. 1, 2008; Laws 2010, Ch. 234, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3828

Effective: June 15, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

§ 13-3828. Repealed by Laws 2010, 7th S.S., Ch. 6, § 6.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3829

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 3. Registration of Sex Offenders and Offender Monitoring (Refs & Annos)

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

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

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

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

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

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

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

D. For the purposes of this section, “qualified vendor” means a vendor that is experienced in and capable of fulfilling the requirements of this section on a daily basis.

CREDIT(S)

Added by Laws 2007, Ch. 287, § 10.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 4, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 4. Close Pursuit

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3831

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 4. Close Pursuit (Refs & Annos)

§ 13-3831. Definitions

In this article, unless the context otherwise requires:

1. “State” includes the District of Columbia.

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

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

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

(c) Pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.

CREDIT(S)

Formerly § 13-1291. Renumbered as § 13-3831 by Laws 1977, Ch. 142, § 117, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3832

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 4. Close Pursuit (Refs & Annos)

§ 13-3832. Authority of peace officer entering state in close pursuit

A member of a duly organized state, county or municipal law enforcement agency of another state who enters this state in close pursuit, and continues within this state in close pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold the person in custody as has a member of any duly organized state, county or municipal law enforcement agency of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.

CREDIT(S)

Formerly § 13-1292. Renumbered as § 13-3832 by Laws 1977, Ch. 142, § 117, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3833

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 4. Close Pursuit (Refs & Annos)

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

If an arrest is made in this state by an officer of another state in accordance with the provisions of § 13-3832, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

CREDIT(S)

Formerly § 13-1293. Renumbered as § 13-3833 and amended by Laws 1977, Ch. 142, § 118, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3834

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 4. Close Pursuit (Refs & Annos)

§ 13-3834. Effect of arrest

Section 13-3832 shall not be construed to make unlawful any arrest in this state which would otherwise be lawful.

CREDIT(S)

Formerly § 13-1294. Renumbered as § 13-3834 and amended by Laws 1977, Ch. 142, § 119, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 5, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3841

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3841. Definitions

In this article, unless the context otherwise requires:

1. “Charged with crime”, “criminal charge” or “criminal offense” includes any of the following:

(a) A felony or misdemeanor offense.

(b) Escape from confinement or the custody of any of the following:

(i) A law enforcement officer.

(ii) A custodial official.

(iii) A custodial agency.

(iv) A custodial institution.

(d) Being accused of violating bail or conditions of release.

(e) The conviction of a crime.

(f) Having an unserved remaining criminal sentence.

(g) Being subject to the death penalty on criminal conviction.

2. “Governor” includes any person performing the functions of governor by authority of the law of this state.

3. “Executive authority” includes the governor, and any person performing the functions of governor in a state other than this state.

4. “State,” when referring to a state other than this state, means any other state or territory, organized or unorganized, of the United States.

CREDIT(S)

Formerly § 13-1301. Renumbered as § 13-3841 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978. Amended by Laws 1996, Ch. 225, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3842

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3842. Fugitives from justice; duty of governor

Subject to the provisions of this article, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.

CREDIT(S)

Formerly § 13-1302. Renumbered as § 13-3842 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3843

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3843. Form of demand

A. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there.

B. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.

CREDIT(S)

Formerly § 13-1303. Renumbered as § 13-3843 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3844

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3844. Governor may investigate case

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

CREDIT(S)

Formerly § 13-1304. Renumbered as § 13-3844 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3845

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3845. Extradition documents; contents

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

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

2. The accused is now in this state; and

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

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

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

2. Fingerprints certified by the issuing authority that can be used to identify the accused as the fugitive charged with the offense.

CREDIT(S)

Formerly § 13-1305. Renumbered as § 13-3845 and amended by Laws 1977, Ch. 142, § 121, eff. Oct. 1, 1978. Amended by Laws 1994, Ch. 205, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3846

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3846. Extradition of persons not present in demanding state at time of commission of crime

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 13-3845 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this article not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.

CREDIT(S)

Formerly § 13-1306. Renumbered as § 13-3846 and amended by Laws 1977, Ch. 142, § 122, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3847

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

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

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

CREDIT(S)

Formerly § 13-1307. Renumbered as § 13-3847 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3848

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3848. Manner and place of execution

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this article, to the duly authorized agent of the demanding state.

CREDIT(S)

Formerly § 13-1308. Renumbered as § 13-3848 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3849

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3849. Authority of arresting officer

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

CREDIT(S)

Formerly § 13-1309. Renumbered as § 13-3849 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3850

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3850. Duty of arresting officer; application for writ of habeas corpus; notice

A.[FN1] No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand legal counsel; and if the prisoner, his friends, or counsel shall state that he or they desire to test the legality of his arrest, the prisoner shall be taken forthwith before a judge of a court of record, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

CREDIT(S)

Formerly § 13-1310. Renumbered as § 13-3850 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

[FN1] So in original.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3851

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3851. Noncompliance with preceding section; classification

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the governor's warrant in disobedience to § 13-3850, shall be guilty of a class 2 misdemeanor.

CREDIT(S)

Formerly § 13-1311. Renumbered as § 13-3851 and amended by Laws 1977, Ch. 142, § 123, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3852

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3852. Confinement in jail when necessary

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.

CREDIT(S)

Formerly § 13-1312. Renumbered as § 13-3852 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3853

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3853. Arrest prior to requisition

When any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under § 13-3846, with having fled from justice, or whenever complaint shall have been made before any judge or magistrate of this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 13-3846, has fled therefrom and is believed to be in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him to apprehend the person charged, wherever he may be found in this state, and bring him before the same or any other judge, magistrate, or court who or which may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

CREDIT(S)

Formerly § 13-1313. Renumbered as § 13-3853 and amended by Laws 1977, Ch. 142, § 124, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3854

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3854. Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in § 13-3853, and thereafter his answer shall be heard as if he had been arrested on a warrant.

CREDIT(S)

Formerly § 13-1314. Renumbered as § 13-3854 and amended by Laws 1977, Ch. 142, § 125, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3855

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3855. Commitment to await requisition; bail

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and that he probably committed the crime and, except in cases arising under § 13-3846, that he has fled from justice, the judge or magistrate must commit him to jail by a complaint reciting the accusation for such a time specified in the complaint, not exceeding thirty days, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in § 13-3856 or until he is legally discharged.

CREDIT(S)

Formerly § 13-1315. Renumbered as § 13-3855 and amended by Laws 1977, Ch. 142, § 126, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 194, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3856

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 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 § 13-3847.

CREDIT(S)

Formerly § 13-1316. Renumbered as § 13-3856 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978. Amended by Laws 1996, Ch. 225, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3857

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 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 § 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.

CREDIT(S)

Formerly § 13-1317. Renumbered as § 13-3857 and amended by Laws 1977, Ch. 142, § 127, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 194, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3858

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3858. Forfeiture of bail

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the court, by proper order, shall declare the bond forfeited; and recovery may be had thereon in the name of the state as in the case of other bonds or undertaking given by the accused in criminal proceedings within this state.

CREDIT(S)

Formerly § 13-1318. Renumbered as § 13-3858 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3859

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3859. Persons under criminal prosecution in this state at time of requisition

A. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor either may surrender the person on demand of the executive authority of another state or may hold the person until the person has been tried and discharged or convicted and punished in this state.

B. This article does not constitute a waiver by this state of its right, power or privilege to try a demanded person for a crime that was committed in this state or to regain custody of a demanded person by extradition proceedings or otherwise for the purposes of trial, sentencing or punishment for any crime that was committed in this state. A proceeding under this article that results or fails to result in extradition is not a waiver by this state of its right, power or privilege.

CREDIT(S)

Formerly § 13-1319. Renumbered as § 13-3859 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978. Amended by Laws 1996, Ch. 225, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3859.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

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

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

1. The local criminal prosecution is disposed.

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

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

B. If a fugitive is sentenced to serve a term of imprisonment in a correctional facility in the state department of corrections or county jail, on the governor's directive the Arizona court having jurisdiction of the fugitive matter shall vacate the pending proceedings and shall direct the sheriff to provide written notice to the requesting state of the term and place of the fugitive's imprisonment in this state. The fugitive matter will then proceed pursuant to § 13-3859.02.

CREDIT(S)

Added by Laws 1996, Ch. 225, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3859.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3859.02. Imprisonment; alternative methods of extradition

If after a local criminal prosecution a fugitive defendant is sentenced to serve a term of imprisonment in a correctional facility or a county jail, the court shall vacate the fugitive proceedings and shall exonerate the fugitive bond. After the proceedings are vacated and the bond is exonerated, except for death penalty cases, §§ 31-481 and 31-482 apply. If §§ 31-481 and 31-482 do not apply, the fugitive matter is governed by any other applicable procedure for the rendition or extradition of fugitives, subject to § 13-3859. The defendant's fugitive status is not extinguished by the sentence of imprisonment.

CREDIT(S)

Added by Laws 1996, Ch. 225, § 4. Amended by Laws 1997, Ch. 136, § 27.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3860

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1320. Renumbered as § 13-3860 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3861

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3861. Governor may recall warrant or issue alias

The governor may recall his warrant of arrest, or may issue another warrant whenever he deems proper.

CREDIT(S)

Formerly § 13-1321. Renumbered as § 13-3861 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3862

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3862. Fugitives from this state; duty of governors

Whenever the governor of this state shall demand a person charged with crime in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the state attorney general or of the county in this state in which the offense was committed.

CREDIT(S)

Formerly § 13-1322. Renumbered as § 13-3862 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 194, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3863

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3863. Application for issuance of requisition; by whom made; contents

When the return to this state of a person charged with crime in this state is required, the attorney general or county attorney of the county in which the offense is committed shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, and the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the attorney general or county attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged. The attorney general or county attorney may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

CREDIT(S)

Formerly § 13-1323. Renumbered as § 13-3863 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 194, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3864

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3864. Payment of account of agent; method as exclusive; classification

A. When the governor of this state, in the exercise of the authority conferred by law, demands from the executive authority of any other state or foreign country the surrender to the authorities of this state of a fugitive from justice, the accounts of the persons employed by him for that purpose shall be paid by the state upon presentation to the department of administration or the county in which the offense was committed upon presentation of the account to the board of supervisors. If the state or the board of supervisors neglects to pay the claim within thirty days after its presentation, the superior court may, upon petition filed in such court, order the payment of the claim.

B. No compensation, fee or reward shall be paid to or received by a public officer of this state, or other person, for a service rendered in procuring from the governor the demand, the surrender of the fugitive, conveying the fugitive to this state, or detaining him therein, except as provided in this section, and any person receiving or accepting such compensation, fee or reward in violation of the provisions of this section is guilty of a class 2 misdemeanor.

CREDIT(S)

Formerly § 13-1324. Renumbered as § 13-3864 and amended by Laws 1977, Ch. 142, § 128, eff. Oct. 1, 1978. Amended by Laws 1981, Ch. 194, § 5; Laws 1994, Ch. 205, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3865

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3865. Exemption from civil process

A person brought into this state on extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had ample opportunity to return to the state from which he was extradited.

CREDIT(S)

Formerly § 13-1325. Renumbered as § 13-3865 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3865.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3865.01. Written waiver of extradition proceedings; prior waiver

A. Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 13-3847 and 13-3848 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge to inform the person of his right to the issuance or service of a warrant of extradition, the right to contest extradition by habeas corpus as provided in § 13-3850 and the right to bail as provided in § 13-3856.

B. If the consent is duly executed, the judge shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.

C. Notwithstanding subsection A of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:

1. The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

2. The law enforcement agency holding the person has received both of the following:

(a) An authenticated copy of the prior waiver of extradition signed by the person.

(b) A photograph and fingerprints properly identifying the person as the person who signed the waiver.

D. This section does not constitute a waiver by this state of its right, power or privilege to try a fugitive for a criminal offense committed in this state. If a local criminal charge is pending against the fugitive in a court in this state, the fugitive's transfer of custody is subject to the discretion of the governor as provided for in § 13-3859 and the provisions of §§ 13-3855, 13-3856 and 13-3857 do not apply.

E. The delivery of a fugitive to an agent of a demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.

F. Any proceeding under this article that results or fails to result in the rendition of a fugitive person by extradition or detainer proceedings does not constitute a waiver by this state of its rights, privileges or jurisdiction.

CREDIT(S)

Added by Laws 1981, Ch. 194, § 6. Amended by Laws 1983, Ch. 56, § 1; Laws 1994, Ch. 205, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3866

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3866. No right of asylum

After a person has been brought back to this state upon extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.

CREDIT(S)

Formerly § 13-1326. Renumbered as § 13-3866 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3867

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3867. Interpretation

The provisions of this article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

CREDIT(S)

Formerly § 13-1327. Renumbered as § 13-3867 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3868

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3868. Short title

This article may be cited as the uniform criminal extradition act.

CREDIT(S)

Formerly § 13-1328. Renumbered as § 13-3868 by Laws 1977, Ch. 142, § 120, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3869

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3869. Extradition of persons to and from Indian jurisdiction

A. If this state seeks the extradition of an Indian from within the jurisdiction of an Indian tribe in this state, this state shall comply with any applicable requirements of tribal extradition law.

B. An Indian tribe that permits extradition by this state of Indians from a tribal jurisdiction may request the extradition of Indians from state jurisdiction pursuant to this section.

C. An Indian tribe shall direct a demand for extradition to the county attorney of the county in which the person demanded is thought to be located, or if the location of the person is unknown, to the attorney general.

D. A written demand for extradition by an Indian tribe shall be recognized if the demand is accompanied by both:

1. A copy of a warrant issued for the person.

2. A criminal complaint or sworn statement made before a tribal judge substantially charging the person demanded with the commission of a crime under tribal law, with escape from confinement or with a violation of probation or parole.

E. The provisions of this article relating to extradition from a state that are not inconsistent with this section apply to extradition by an Indian tribe under this section. The public officer who receives the written demand under this section shall perform the functions of the governor under this article.

CREDIT(S)

Added by Laws 1994, Ch. 78, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3870

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3870. Executive agreements

A. If this state wishes to obtain custody of a person charged in this state with a criminal offense and the person was convicted or is imprisoned or held under criminal proceedings then pending against him in another state, the governor of this state and the executive authority of the other state may agree on the extradition of the person before the criminal proceedings against the person have terminated or the person's sentence has been served in the other state.

B. Any executive agreement entered into pursuant to subsection A of this section shall be conditioned on the return of the person to the other state at this state's expense as soon as the prosecution in this state is terminated, unless the person is sentenced to death under the laws of this state.

C. On demand of the executive authority of another state the governor may surrender a person in this state who was returned to this state pursuant to § 13-3863 and who has been charged with a criminal offense in the demanding state. The person may be surrendered even if the person left the demanding state involuntarily.

CREDIT(S)

Added by Laws 1994, Ch. 205, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3870.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3870.01. Use of facsimile signature

For the purposes of this article, a facsimile of the signature of the governor that is applied at his direction and under his supervision is deemed to be the authorized signature of the governor.

CREDIT(S)

Added by Laws 1994, Ch. 205, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3870.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 5. Uniform Criminal Extradition Act (Refs & Annos)

§ 13-3870.02. Extradition; recovery of expenses

On conviction of the crime that caused a person to be extradited to this state, the state or political subdivision, either jointly or severally, may recover from the convicted person the actual expenses incurred by the extraditing agency.

CREDIT(S)

Added by Laws 2004, Ch. 74, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 6, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3871

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency (Refs & Annos)

§ 13-3871. Authority of peace officers

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

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

2. Under any of the circumstances set forth in § 13-3883.

CREDIT(S)

Added as § 13-1361 by Laws 1970, Ch. 194, § 1. Renumbered as § 13-3871 and amended by Laws 1977, Ch. 142, § 130, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3872

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency (Refs & Annos)

§ 13-3872. Mutual aid agreements

Any two or more public agencies as defined by § 11-951 having and maintaining peace officers may, by action of their respective legislative or other governing body, enter into mutual aid agreements with respect to law enforcement provided mutual aid agreements entered into on the part of the state of Arizona shall be approved by the agency involved and the governor. A peace officer acting within the jurisdiction of any other public agency pursuant to a mutual aid agreement shall have full authority to act as a peace officer to the same extent as if he were a duly appointed, qualified and acting peace officer of such public agency as herein defined. Mutual aid agreements provided for in this section shall be entered into pursuant to the provisions of title 11, chapter 7, article 3. [FN1]

CREDIT(S)

Added as § 13-1362 by Laws 1970, Ch. 194, § 1. Renumbered as § 13-3872 by Laws 1977, Ch. 142, § 129, eff. Oct. 1, 1978.

[FN1] Section 11-951 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3873

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency (Refs & Annos)

§ 13-3873. Provisions cumulative and supplemental

The provisions of this article are cumulative and supplemental and are in addition to any other authority granted by other provisions of law.

CREDIT(S)

Added as § 13-1363 by Laws 1970, Ch. 194, § 1. Renumbered as § 13-3873 by Laws 1977, Ch. 142, § 129, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3874

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency (Refs & Annos)

§ 13-3874. Indian police; powers; qualifications

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

B. Each agency appointing any Indian police officer pursuant to this section shall be liable for any and all acts of such officer acting within the scope of his employment or authority. Neither the state nor any political subdivision shall be liable for any acts or failure to act by any such Indian police officer.

CREDIT(S)

Added as § 13-1364 by Laws 1972, Ch. 76, § 1, eff. April 25, 1972. Renumbered as § 13-3874 by Laws 1977, Ch. 142, § 129, eff. Oct. 1, 1978. Amended by Laws 1991, Ch. 143, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3875

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 6. Authority of Peace Officers Outside Geographical Area of Agency (Refs & Annos)

§ 13-3875. Cross-certification of federal peace officers; policy; powers; qualifications; liability; records

A. The sheriff of each county shall develop and adopt a policy on cross-certification of federal peace officers, including whether cross-certification shall be permitted in that county.

B. A federal peace officer who is employed by an agency of the United States and who has completed the basic training curriculum for the officer's agency shall possess and exercise all law enforcement powers of peace officers in this state for one year, including, if directed by the officer's employer, the capability to enforce the criminal laws of this state if the federal peace officer:

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

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

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

D. Neither the state nor any political subdivision is liable for any acts or failure to act by a federal peace officer.

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

CREDIT(S)

Added by Laws 1990, Ch. 366, § 17. Amended by Laws 1993, Ch. 201, § 1; Laws 1997, Ch. 136, § 28; Laws 2002, Ch. 39, § 1; Laws 2005, Ch. 44, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 7, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 7. Arrest

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3881

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3881. Arrest; how made; force and restraint

A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.

B. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.

CREDIT(S)

Formerly § 13-1401. Renumbered as § 13-3881 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3882

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3882. Time of making arrest

An arrest may be made on any day and at any time of the day or night.

CREDIT(S)

Formerly § 13-1402. Renumbered as § 13-3882 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3883

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3883. Arrest by officer without warrant

A. A peace officer, without a warrant, may arrest a person if the officer has probable cause to believe:

1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.

2. A misdemeanor has been committed in the officer's presence and probable cause to believe the person to be arrested has committed the offense.

3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, [FN1] and that such violation occurred prior to or immediately following such traffic accident.

4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under § 13-3903.

5. The person to be arrested has committed any public offense that makes the person removable from the United States.

B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.

CREDIT(S)

Formerly § 13-1403. Amended by Laws 1967, Ch. 75, § 1; Laws 1970, Ch. 176, § 1; Laws 1972, Ch. 77, § 1. Renumbered as § 13-3883 and amended by Laws 1977, Ch. 142, § 133, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 238, § 6; Laws 1982, Ch. 276, § 2; Laws 1983, Ch. 271, § 3, eff. Jan. 1, 1984; Laws 1990, Ch. 338, § 1; Laws 2010, Ch. 113, § 6.

[FN1] Section 28-101 et seq.

VALIDITY

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3884

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3884. Arrest by private person

A private person may make an arrest:

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

2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.

CREDIT(S)

Formerly § 13-1404. Renumbered as § 13-3884 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3885

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3885. Arrest of principal by surety; prohibited conduct; violation; classification; definitions

A. For the purpose of surrendering the defendant, a surety on the bail bond of a defendant may arrest the defendant before the forfeiture of the undertaking or, by written authority attached to a certified copy of the undertaking, may empower a bail recovery agent or a bail bond agent as defined in § 20-340 to arrest the defendant.

B. A bail recovery agent or a bail bond agent shall not do any of the following:

1. Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry.

2. Conduct a bail recovery arrest or apprehension without written authorization from a bail bond agent licensed in Arizona.

3. Wear, carry or display any uniform, badge, shield or other insignia or emblem that implies that the bail recovery agent is an employee, officer or agent of this state, a political subdivision of this state or the federal government. A bail recovery agent may display identification that indicates the agent's status as a bail recovery agent only.

4. Authorize or allow any third party bail recovery agent to undertake an apprehension or arrest if the bail recovery agent has been convicted in any jurisdiction of theft or of any felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument.

C. The surety or bail bond agent employing, hiring as an independent contractor or otherwise utilizing a bail recovery agent shall advise the department of insurance in writing that the bail recovery agent is providing the services to the surety or bail bond agent on a given case or cases. The written notice to the department of insurance must be given within twenty-four hours after the retention and shall include the name, date of birth, home and business addresses and telephone number of the bail recovery agent. The bail recovery agent identified in the written notice shall certify on the written notice, under penalty of perjury, that the bail recovery agent has never been convicted in any jurisdiction of theft or of any felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument and that the bail recovery agent has complied with § 20-340.04.

D. Bail bond agents shall provide an annual report to the department of insurance listing all bail recovery agents employed, hired as independent contractors or otherwise utilized by the bail bond agent during the year. This report shall certify that all employees of the bail bond agent have met the requirements prescribed in § 20-340.03 and that all bail recovery agents have complied with § 20-340.04. The report shall include the name, home and business addresses, date of birth, telephone number, and a two-inch wide by three-inch high photograph of the face of each person identified in the report.

E. To satisfy the requirements of this section, a bail bond agent who is licensed in another state but is not licensed in this state shall contract with a bail bond agent licensed in this state to retain the services of a bail recovery agent in this state.

F. Any person who violates subsection B or E of this section is guilty of a class 5 felony. Any person who violates subsection C or D of this section is subject to the provisions of § 20-295.

G. For the purposes of this section:

1. “Bail bond agent” has the same meaning prescribed in § 20-282.01.

2. “Bail recovery agent” means any person who has never been convicted in any jurisdiction of theft or of a felony or any crime involving carrying or the illegal use or possession of a deadly weapon or dangerous instrument and who is employed or hired as an independent contractor or otherwise utilized by a bail bond agent to assist the bail bond agent in presenting a defendant in court when required, in apprehending a defendant and surrendering the defendant to a court or in keeping a defendant under necessary surveillance. Bail recovery agent does not include an attorney or law enforcement officer who acts in an official capacity and who assists a bail bond agent in the bail bond agent's business.

3. “Occupied residential structure” means an edifice of a type that is generally used to house human beings.

CREDIT(S)

Formerly § 13-1405. Renumbered as § 13-3885 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978. Amended by Laws 1998, Ch. 215, § 1, eff. May 29, 1998; Laws 2001, Ch. 205, § 3, eff. Oct. 1, 2001.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3886

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1406. Renumbered as § 13-3886 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3887

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3887. Method of arrest by officer by virtue of warrant

When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

CREDIT(S)

Formerly § 13-1407. Renumbered as § 13-3887 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3888

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3888. Method of arrest by officer without warrant

When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.

CREDIT(S)

Formerly § 13-1408. Renumbered as § 13-3888 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3889

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3889. Method of arrest by private person

A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.

CREDIT(S)

Formerly § 13-1409. Renumbered as § 13-3889 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3890

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3890. Fingerprinting at time of arrest; order for fingerprints; retention

A. A person who is arrested for an offense listed in § 41-1750, subsection C shall be fingerprinted in legible form by the arresting authority or the custodial agency.

B. The court shall order an arrested person to appear at a designated time and place for fingerprinting on petition of the arresting authority or custodial agency stating that the person refused to provide fingerprints in a legible form.

C. Fingerprints received pursuant to this section shall be retained indefinitely.

CREDIT(S)

Added by Laws 2008, Ch. 282, § 1, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3891

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3891. Right of officer to break into building

An officer, in order to make an arrest either by virtue of a warrant, or when authorized to make such arrest for a felony without a warrant, as provided in § 13-3883, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if the officer is refused admittance after he has announced his authority and purpose.

CREDIT(S)

Formerly § 13-1411. Renumbered as § 13-3891 and amended by Laws 1977, Ch. 142, § 134, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3892

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3892. Right of private person to break into building

A private person, in order to make an arrest where a felony was committed in his presence, as authorized in § 13-3884, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be, if he is refused admittance after he has announced his purpose.

CREDIT(S)

Formerly § 13-1412. Renumbered as § 13-3892 and amended by Laws 1977, Ch. 142, § 135, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3893

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3893. Right to break door or window to effect release

When an officer or private person has entered a building in accordance with the provisions of § 13-3891 or 13-3892, he may break open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself.

CREDIT(S)

Formerly § 13-1413. Renumbered as § 13-3893 and amended by Laws 1977, Ch. 142, § 136, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3894

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

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

A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of § 13-3891 or 13-3892 and is detained therein.

CREDIT(S)

Formerly § 13-1414. Renumbered as § 13-3894 and amended by Laws 1977, Ch. 142, § 137, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3895

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3895. Weapons to be taken from person arrested

Any person making a lawful arrest may take from the person arrested all weapons which he may have about his person and shall deliver them to the magistrate before whom he is taken.

CREDIT(S)

Formerly § 13-1415. Renumbered as § 13-3895 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3896

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

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

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

B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.

CREDIT(S)

Formerly § 13-1416. Renumbered as § 13-3896 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3897

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3897. Duty of officer after arresting with warrant

When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county.

CREDIT(S)

Formerly § 13-1417. Renumbered as § 13-3897 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3898

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3898. Arrest without warrant; magistrate; complaint

A. A person 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, 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. The provisions of subsection A of this section shall not apply where the person making the arrest is a peace officer and decides to proceed under the provisions of § 13-3903.

CREDIT(S)

Formerly § 13-1418. Amended by Laws 1969, Ch. 129, § 1; Laws 1974, Ch. 46, § 1. Renumbered as § 13-3898 and amended by Laws 1977, Ch. 142, § 138, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3899

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3899. Complaint need not be verified

A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of § 13-3898, or filed with the magistrate under the provisions of § 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.

CREDIT(S)

Added as § 13-1418.01 by Laws 1969, Ch. 129, § 2. Renumbered as § 13-3899 and amended by Laws 1977, Ch. 142, § 139, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3900

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3900. Duty of private person after making arrest

A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

CREDIT(S)

Formerly § 13-1419. Renumbered as § 13-3900 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3901

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3901. Right of attorney to visit person arrested

Any attorney at law entitled to practice in the courts of this state shall, at the request of the person arrested or of some one acting in his behalf, be permitted, under reasonable regulations, to visit the person arrested.

CREDIT(S)

Formerly § 13-1420. Renumbered as § 13-3901 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3902

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3902. Treatment of arrested person

No peace officer, or other official engaged in administering the criminal law, shall use oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.

CREDIT(S)

Formerly § 13-1421. Renumbered as § 13-3902 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3903

Effective: January 1, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3903. Notice to appear and complaint

A. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking the person to a law enforcement facility by use of the procedure prescribed in this section.

B. At any time after taking a person arrested for a misdemeanor offense or a petty offense to a law enforcement facility, the arresting officer, instead of taking the person to a magistrate, may release the person from further custody by use of the procedure prescribed in this section.

C. If a person is arrested for a misdemeanor offense or a petty offense and the offense is listed in § 41-1750, subsection C, the person shall not be released pursuant to this section until the person provides a right index fingerprint to the arresting agency. The arresting agency shall provide to the arrested person a mandatory fingerprint compliance form that includes instructions on reporting for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

D. In any case in which a person is arrested for a misdemeanor offense or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court, provided:

1. The time specified in the notice to appear is at least five days after arrest.

2. The place specified in the notice shall be the court specified in § 13-3898.

3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.

4. The officer, as soon as practical, shall deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.

E. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided by Arizona supreme court rule, but to satisfy the requirements of this section.

F. When a person has given his written promise to appear in court upon a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the court clerk or other court staff shall file a complaint, in writing, under oath, setting forth the offense of knowingly violating a written promise to appear in court in accordance with § 13-3904, and the magistrate shall issue a warrant of arrest thereon. Upon such person's appearance in court for arraignment on the charge of violating § 13-3904, the court shall also arraign the person on the charge stated in the notice to appear and complaint for which the person had previously promised to appear.

G. This section does not affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though the arrested person is released before being taken to the police station or before a magistrate pursuant to this section.

CREDIT(S)

Added as § 13-1422 by Laws 1966, Ch. 89, § 1. Amended by Laws 1969, Ch. 129, § 3. Renumbered as § 13-3903 and amended by Laws 1977, Ch. 142, § 140, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 276, § 3; Laws 1983, Ch. 271, § 4, eff. Jan. 1, 1984; Laws 2009, Ch. 120, § 2, eff. Jan. 1, 2010.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3904

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3904. Violation of promise to appear; classification

A. Any person knowingly violating his written promise to appear, given as provided in this article, is guilty of a class 2 misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

B. A written promise to appear in court may be complied with by an appearance by counsel.

CREDIT(S)

Added as § 13-1423 by Laws 1969, Ch. 129, § 4. Renumbered as § 13-3904 and amended by Laws 1977, Ch. 142, § 141, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3905

Effective: September 21, 2006

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 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.

CREDIT(S)

Added as § 13-1424 by Laws 1971, Ch. 75, § 1. Renumbered as § 13-3905 by Laws 1977, Ch. 142, § 132, eff. Oct. 1, 1978. Amended by Laws 1999, Ch. 261, § 35; Laws 2006, Ch. 101, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3906

Effective: September 19, 2007

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 7. Arrest (Refs & Annos)

§ 13-3906. Processing arrestees; citizenship determination; notice

A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:

1. Notify the person's country of citizenship of the person's detention if the person does not waive notification or if the person's country of citizenship requires notification regardless of the person's waiver of notification.

2. Document the notification to the person's country of citizenship and any waiver of notification.

3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to § 13-3961, subsection A, paragraph 5 or § 13-3967, subsection B, paragraph 11 or for any other lawful purpose.

B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:

1. Affect the admissibility of any statements, the voluntariness of a guilty plea or the validity of a conviction.

2. Afford a defendant any rights in any proceeding related to deportation, exclusion or denial of naturalization.

CREDIT(S)

Added by Laws 2006, Ch. 380, § 2. Amended by Laws 2007, Ch. 289, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 8, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 8. Search Warrant

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3911

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3911. Definition

A search warrant is an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in § 13-3912.

CREDIT(S)

Formerly § 13-1441. Amended by Laws 1971, Ch. 152, § 1. Renumbered as § 13-3911 and amended by Laws 1977, Ch. 142, § 143, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 101, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3912

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3912. Grounds for issuance

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

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

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

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

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

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

6. When the person sought is the subject of an outstanding arrest warrant.

CREDIT(S)

Formerly § 13-1442. Amended by Laws 1970, Ch. 59, § 1; Laws 1972, Ch. 61, § 3. Renumbered as § 13-3912 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 101, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3913

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3913. Conditions precedent to issuance

No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.

CREDIT(S)

Formerly § 13-1443. Amended by Laws 1971, Ch. 152, § 2. Renumbered as § 13-3913 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3914

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3914. Examination on oath; affidavits

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

B. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.

C. In lieu of, or in addition to, a written affidavit, or affidavits, as provided in subsection A, the magistrate may take an oral statement under oath which shall be recorded on tape, wire or other comparable method. This statement may be given in person to the magistrate or by telephone, radio or other means of electronic communication. This statement is deemed to be an affidavit for the purposes of issuance of a search warrant. If a recording of the sworn statement is made, the statement shall be transcribed at the request of the court or either party and certified by the magistrate and filed with the court.

CREDIT(S)

Formerly § 13-1444. Amended by Laws 1970, Ch. 59, § 2; Laws 1971, Ch. 152, § 3. Renumbered as § 13-3914 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1999, Ch. 261, § 36.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3915

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

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

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

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

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

County of __________, state of Arizona.

To any peace officer in the state of Arizona:

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

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

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

E. A magistrate may affix the magistrate's signature on a telefacsimile of an original warrant. The telefacsimile of the original warrant is deemed to be a search warrant for the purposes of this chapter. On return of the telefacsimile of the original warrant, the magistrate shall file the original warrant and the telefacsimile of the original warrant as provided in § 13-3923.

CREDIT(S)

Formerly § 13-1445. Amended by Laws 1970, Ch. 59, § 3; Laws 1971, Ch. 152, § 4. Renumbered as § 13-3915 and amended by Laws 1977, Ch. 142, § 144, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 101, § 3; Laws 1998, Ch. 289, § 17; Laws 2000, Ch. 49, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3916

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

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

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

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

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

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

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

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

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

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

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

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

2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.

CREDIT(S)

Formerly § 13-1446. Amended by Laws 1970, Ch. 59, § 4; Laws 1971, Ch. 152, § 5. Renumbered as § 13-3916 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 245, eff. Oct. 1, 1978; Laws 2000, Ch. 49, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3917

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3917. Time of service; exception

Upon a showing of good cause therefor, the magistrate may, in his discretion insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime. For the purposes of this section night is defined as the period from ten p.m. to six-thirty a.m.

CREDIT(S)

Formerly § 13-1447. Amended by Laws 1970, Ch. 59, § 5; Laws 1971, Ch. 152, § 6. Renumbered as § 13-3917 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3918

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3918. Time of execution and return

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

B. If a duplicate original search warrant has been executed, the peace officer who executed the warrant shall enter the exact time of its execution on its face.

CREDIT(S)

Formerly § 13-1448. Amended by Laws 1970, Ch. 59, § 6; Laws 1971, Ch. 152, § 7. Renumbered as § 13-3918 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1998, Ch. 289, § 18; Laws 1999, Ch. 261, § 37; Laws 2005, Ch. 51, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3919

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3919. Receipt for property; definitions

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

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

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

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

3. The warrant provides for service of a detailed receipt within a reasonable period after the execution of the warrant. Extensions may be granted, but only on an application and judicial finding. The period of each extension shall not exceed ten days.

C. For the purposes of this section:

1. “Electronic communication” has the same meaning prescribed in § 13-3001.

2. “Wire communication” has the same meaning prescribed in § 13-3001.

CREDIT(S)

Formerly § 13-1449. Renumbered as § 13-3919 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 2002, Ch. 219, § 20.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3920

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3920. Retention of property

All property or things taken on a warrant shall be retained in the custody of the seizing officer or agency which he represents, subject to the order of the court in which the warrant was issued, or any other court in which such property or things is sought to be used as evidence.

CREDIT(S)

Formerly § 13-1450. Amended by Laws 1970, Ch. 59, § 7. Renumbered as § 13-3920 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3921

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3921. Return of warrant and inventory; copy of inventory

A. The officer shall return the warrant to the magistrate and at the same time deliver to him a written inventory of the property taken. The inventory shall be made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present. The inventory shall be verified by the affidavit of the officer which shall be taken by the magistrate at the time it is delivered to the magistrate. The affidavit shall recite that the inventory contains a true and detailed account of all the property taken.

B. The magistrate shall, if requested, deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant.

CREDIT(S)

Formerly § 13-1451. Amended by Laws 1971, Ch. 152, § 8. Renumbered as § 13-3921 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3922

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 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 [FN1] 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 § 13-3916, subsection C, D or E or § 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.

CREDIT(S)

Formerly § 13-1452. Amended by Laws 1971, Ch. 152, § 9. Renumbered as § 13-3922 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1986, Ch. 256, § 10; Laws 2000, Ch. 49, § 3.

[FN1] Section 13-4301 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3923

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 13-3923. Filing and transmittal of papers

The magistrate shall annex the affidavits, the search warrant and return, and the inventory, and if he does not have jurisdiction to inquire into the offense in respect to which the warrant was issued, he shall at once file the warrant, and return the affidavits and inventory to the court having jurisdiction to inquire into the offense.

CREDIT(S)

Formerly § 13-1453. Amended by Laws 1970, Ch. 59, § 8. Renumbered as § 13-3923 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3924

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1454. Renumbered as § 13-3924 by Laws 1977, Ch. 142, § 142, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 246, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3925

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 8. Search Warrant (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1982, Ch. 161, § 1. Amended by Laws 2000, Ch. 49, § 4.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 9, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 9. Search of the Accused

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3931

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 9. Search of the Accused (Refs & Annos)

§ 13-3931. Search of accused by magistrate

When a person charged with felony is believed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct that the accused be searched in his presence, and that the weapon or other thing be retained subject to his order, or to the order of the court in which defendant may be tried.

CREDIT(S)

Formerly § 13-1461. Renumbered as § 13-3931 by Laws 1977, Ch. 142, § 145, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 10, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 10. Disposition of Seized Property in Custody of Magistrate or Peace Officer

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3941

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 10. Disposition of Seized Property in Custody of Magistrate or Peace Officer (Refs & Annos)

§ 13-3941. Disposition and return of stolen or embezzled property

A. When property alleged to have been stolen or embezzled comes into the custody of a peace officer or of a magistrate, he shall hold it subject to the order of the magistrate before whom the complaint is laid or who examines the charge against the person accused of stealing or embezzling such property.

B. The person to whom the property is delivered shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office, or taken from the person of a prisoner, and shall attach a number to each article and make a corresponding entry thereof.

C. The magistrate shall, upon satisfactory proof of the ownership, order the property to be delivered to the owner. The order entitles the owner to demand and receive the property unless the property, or any part thereof, is required as evidence in any criminal action. If it is so required, it shall remain in possession of the officer or magistrate until the termination of the action.

D. If the property has not been delivered to the owner, the court before which a trial is had for the theft or embezzlement of the property may, on proof of title of the owner, order it restored to him.

E. No charge or fee may be imposed upon the owner of property ordered to be returned to him pursuant to this section.

CREDIT(S)

Formerly § 13-1471. Amended by Laws 1973, Ch. 84, § 1. Renumbered as § 13-3941 by Laws 1977, Ch. 142, § 146, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3942

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 10. Disposition of Seized Property in Custody of Magistrate or Peace Officer (Refs & Annos)

§ 13-3942. Delivery of unclaimed stolen or embezzled property to county sheriff

If property stolen or embezzled is not claimed by the owner within six months after the conviction of the person for such theft or embezzlement, the magistrate or other officer having it in custody shall, upon payment of the necessary expenses incurred in its preservation, deliver it to the county sheriff, who shall sell such property in the same manner as personal property is sold under execution in a civil action, and the proceeds shall be paid into the county treasury.

CREDIT(S)

Formerly § 13-1472. Renumbered as § 13-3942 by Laws 1977, Ch. 142, § 146, eff. Oct. 1, 1978. Amended by Laws 1996, Ch. 111, § 16.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 11, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 11. Preliminary Hearings

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3951

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 11. Preliminary Hearings (Refs & Annos)

§ 13-3951. Order of commitment; duty of officer

If the magistrate orders the defendant committed upon the preliminary examination, he shall prepare a commitment signed by him with his name of office, and deliver it with the defendant to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who shall deliver the defendant to the officer to whom he is committed, together with the commitment.

CREDIT(S)

Formerly § 13-1551. Renumbered as § 13-3951 by Laws 1977, Ch. 142, § 148, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3952

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 11. Preliminary Hearings (Refs & Annos)

§ 13-3952. Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes

When a regularly appointed court reporter appears and takes testimony at a preliminary hearing in a criminal proceeding, the reporter's compensation shall be fixed by the magistrate before whom the examination is had. Such compensation shall not exceed the amount of fifteen dollars per day for each preliminary hearing actually attended upon such examination, and two dollars fifty cents per page for transcribing his notes, to be allowed and paid as other county charges. The reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceedings held in the justice court when the state or an instrumentality thereof is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court.

CREDIT(S)

Formerly § 13-1552. Amended by Laws 1970, Ch. 123, § 3. Renumbered as § 13-3952 by Laws 1977, Ch. 142, § 148, eff. Oct. 1, 1978. Amended by Laws 1989, Ch. 57, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 12, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 12. Bail

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3961

Effective: July 20, 2011

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

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

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

1. A capital offense.

2. Sexual assault.

3. Sexual conduct with a minor who is under fifteen years of age.

4. Molestation of a child who is under fifteen years of age.

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

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

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

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

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

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

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

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

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

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

1. Assuring the appearance of the accused.

2. Protecting against the intimidation of witnesses.

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

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

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

1. A dangerous crime against children.

2. Terrorism.

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

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

G. In a hearing pursuant to subsection D of this section, proof that the person is a criminal street gang member may give rise to the inference that the person poses a substantial danger to another person or the community and that no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community.

CREDIT(S)

Formerly § 13-1571. Renumbered as § 13-3961 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 220, § 1, eff. Nov. 30, 1982; Laws 1985, Ch. 364, § 34, eff. May 16, 1985; Laws 2002, Ch. 219, § 21; Laws 2002, Ch. 223, § 1 (Laws 2002, H.C.R., Proposition 102, was approved election Nov. 5, 2002, effective Nov. 25, 2002); Laws 2006, Ch. 380, § 3; Laws 2007, Ch. 287, § 11; Laws 2007, Ch. 289, § 2; Laws 2011, Ch. 90, § 18.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3961.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 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.

CREDIT(S)

Added by Laws 1982, Ch. 220, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3962

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3962. Admission to bail in certain non-bailable offenses

A person in custody for the commission of a non-bailable offense described in § 13-3961, where the proof is not evident or the presumption not great that he is guilty of the offense, shall before conviction be admitted to bail by a court having jurisdiction of the offense.

CREDIT(S)

Formerly § 13-1572. Renumbered as § 13-3962 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978. Amended by Laws 1982, Ch. 220, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3963

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3963. Admission to bail when arrest occurs in another county

When an arrest by virtue of a warrant occurs in a county other than that in which the alleged offense was committed and the warrant issued, if the person arrested is bailable as of right in respect of the offense set forth in the warrant, the officer making the arrest shall, upon being so required by the person arrested, take him before a magistrate or other official of such county having authority to admit to bail for such offense, who shall admit him to bail for his appearance before the magistrate who issued the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in the same county.

CREDIT(S)

Formerly § 13-1573. Renumbered as § 13-3963 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3964

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3964. Bail when warrant issued in other county

If the person arrested is bailable as of right in respect of the offense set forth in the warrant, the officer making the arrest shall, upon being so required by the person arrested, take him before a magistrate or other official, having authority to admit to bail for such offense, of the county in which the arrest is made, who shall admit him to bail for his appearance before the magistrate named or otherwise designated in the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in such county.

CREDIT(S)

Formerly § 13-1574. Renumbered as § 13-3964 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3965

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3965. Procedure when bail not given

If the person arrested is not bailable as of right in respect of the offense set forth in the warrant, or if, on the admission to bail of the person arrested as provided in § 13-3963, bail is not forthwith given, the officer who made the arrest shall take the person arrested before the magistrate who issued the warrant or, if he is absent or unable to act, before the nearest or most accessible magistrate in the same county.

CREDIT(S)

Formerly § 13-1575. Renumbered as § 13-3965 and amended by Laws 1977, Ch. 142, § 150, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3966

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3966. Validity of undertaking by minor

Minors shall be capable of binding themselves by an undertaking for the purpose of securing their release on bail in like manner and with like effect as persons sui juris.

CREDIT(S)

Formerly § 13-1576. Renumbered as § 13-3966 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3967

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3967. Release on bailable offenses before trial; definition

A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer.

B. In determining the method of release or the amount of bail, the judicial officer, on the basis of available information, shall take into account all of the following:

1. The views of the victim.

2. The nature and circumstances of the offense charged.

3. The weight of evidence against the accused.

4. The accused's family ties, employment, financial resources, character and mental condition.

5. The results of any drug test submitted to the court.

6. Whether the accused is using any substance if its possession or use is illegal pursuant to chapter 34 of this title. [FN1]

7. Whether the accused violated § 13-3407, subsection A, paragraph 2, 3, 4 or 7 involving methamphetamine or § 13-3407.01.

8. The length of residence in the community.

9. The accused's record of arrests and convictions.

10. The accused's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.

11. Whether the accused has entered or remained in the United States illegally.

12. Whether the accused's residence is in this state, in another state or outside the United States.

C. If a judicial officer orders the release of a defendant who is charged with a felony either on his own recognizance or on bail, the judicial officer shall condition the defendant's release on the defendant's good behavior while so released. On a showing of probable cause that the defendant committed any offense during the period of release, a judicial officer may revoke the defendant's release pursuant to § 13-3968.

D. After providing notice to the victim pursuant to § 13-4406, a judicial officer may impose any of the following conditions on a person who is released on his own recognizance or on bail:

1. Place the person in the custody of a designated person or organization agreeing to supervise him.

2. Place restrictions on the person's travel, associates or place of abode during the period of release.

3. Require the deposit with the clerk of the court of cash or other security, such deposit to be returned on the performance of the conditions of release.

4. Prohibit the person from possessing any dangerous weapon or engaging in certain described activities or indulging in intoxicating liquors or certain drugs.

5. Require the person to report regularly to and remain under the supervision of an officer of the court.

6. Impose any other conditions deemed reasonably necessary to assure appearance as required including a condition requiring that the person return to custody after specified hours.

E. In addition to any of the conditions a judicial officer may impose pursuant to subsection D of this section, the judicial officer shall impose both of the following conditions on a person who is charged with a felony violation of chapter 14 or 35.1 of this title [FN2] and who is released on his own recognizance or on bail:

1. Electronic monitoring where available.

2. A condition prohibiting the person from having any contact with the victim.

F. The judicial officer who authorizes the release of the person charged on his own recognizance or on bail shall do all of the following:

1. Issue an appropriate order containing statements of the conditions imposed.

2. Inform the person of the penalties that apply to any violation of the conditions of release.

3. Advise the person that a warrant for his arrest may be issued immediately on any violation of the conditions of release, including the failure to submit to deoxyribonucleic acid testing ordered pursuant to paragraph 4 of this subsection.

4. If the person is charged with a felony or misdemeanor offense listed in § 13-610, subsection O, paragraph 3 and is summoned to appear, order the person to report within five days to the law enforcement agency that arrested the person or to the agency's designee and submit a sufficient sample of buccal cells or other bodily substances for deoxyribonucleic acid testing and extraction. If a person does not comply with an order issued pursuant to this subsection, the court shall revoke the person's release.

G. At any time after providing notice to the victim pursuant to § 13-4406, the judicial officer who orders the release of a person on any condition specified in this section or the court in which a prosecution is pending may amend the order to employ additional or different conditions of release, including either an increase or reduction in the amount of bail. On application, the defendant shall be entitled to have the conditions of release reviewed by the judicial officer who imposed them or by the court in which the prosecution is pending. Reasonable notice of the application shall be given to the county attorney and the victim.

H. Any information that is stated or offered in connection with any order pursuant to this section need not conform to the rules pertaining to admissibility of evidence in a court of law.

I. This section does not prevent the disposition of any case or class of cases by forfeiture of bail or collateral security if such disposition is authorized by the court.

J. A judicial officer who orders the release of a juvenile who has been transferred to the criminal division of the superior court pursuant to § 8-327 or who has been charged as an adult pursuant to § 13-501 shall notify the appropriate school district on the release of the juvenile from custody.

K. For the purposes of this section and § 13-3968, “judicial officer” means any person or court authorized pursuant to the constitution or laws of this state to bail or otherwise release a person before trial or sentencing or pending appeal.

CREDIT(S)

Added as § 13-1577 by Laws 1969, Ch. 129, § 5. Renumbered as § 13-3967 and amended by Laws 1977, Ch. 142, § 151, eff. Oct. 1, 1978. Amended by Laws 1987, Ch. 307, § 28; Laws 1997, Ch. 220, § 77; Laws 1997, 2nd S.S., Ch. 4, § 39, eff. July 1, 1998; Laws 2002, Ch. 223, § 2; Laws 2005, Ch. 327, § 7; Laws 2006, Ch. 380, § 4; Laws 2007, Ch. 261, § 4; Laws 2008, Ch. 276, § 3.

[FN1] Section 13-3401 et seq.

[FN2] Section 13-3551 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3968

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3968. Violation of conditions of release; hearing

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

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

C. Nothing contained in this section shall be construed to authorize the release of a person not bailable as a matter of right.

CREDIT(S)

Added as § 13-1578 by Laws 1969, Ch. 129, § 5. Renumbered as § 13-3968 by Laws 1977, Ch. 142, § 149, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3969

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

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

A. The sheriff or keeper of the jail shall provide to a person charged with a bailable offense in his custody a list containing the names and telephone numbers of those persons authorized to post bail bonds in the county. Persons authorized to post bail bonds in the county may be listed under their own name or a trade name if the trade name is registered with the secretary of state. The list shall be updated annually.

B. The sheriff or keeper of the jail shall not recommend any authorized bail bond agent to a person charged with a bailable offense in the sheriff's or keeper's custody and shall rotate quarterly the order of the names and telephone numbers of the authorized bail bond agents listed.

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

CREDIT(S)

Added by Laws 1990, Ch. 252, § 1. Amended by Laws 2001, Ch. 2, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3970

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3970. Repealed by Laws 1981, Ch. 165, § 2

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3971

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3971. Bail after examination

When defendant has been held to answer upon examination for a crime or public offense, admission to bail may be by the magistrate by whom he is held, or by any magistrate who has the power to issue a writ of habeas corpus.

CREDIT(S)

Formerly § 13-164. Renumbered as § 13-118 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978. Renumbered as § 13-3971 by Laws 1978, Ch. 201, § 247, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3972

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3972. Restraint before conviction

A person charged with a crime or public offense shall not, before conviction, be subject to more restraint than is necessary for his detention to answer the charge.

CREDIT(S)

Formerly § 13-165. Renumbered as § 13-119 by Laws 1977, Ch. 142, § 40, eff. Oct. 1, 1978. Renumbered as § 13-3972 by Laws 1978, Ch. 201, § 247, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3973

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3973. Repealed by Laws 1999, Ch. 261, § 38

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3974

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 12. Bail (Refs & Annos)

§ 13-3974. Exoneration of appearance bond

A surety may be relieved from liability on an appearance bond if the surety surrenders the defendant into the custody of the sheriff of the county in which the prosecution is pending and the sheriff reports the surrender to the court.

CREDIT(S)

Added by Laws 1990, Ch. 252, § 2. Amended by Laws 1999, Ch. 261, § 39.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 13, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 13. Trials

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3981

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3981. Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations

A. When a defendant is accused of a misdemeanor or petty offense for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in this section, except:

1. When the offense is committed by or upon any officer of justice while in the execution of the duties of his office.

2. When the offense is committed riotously.

3. When the offense is committed with intent to commit a felony.

B. If a defendant is accused of an act involving assault, threatening or intimidating or a misdemeanor offense of domestic violence as defined in § 13-3601, the offense shall not be compromised except on recommendation of the prosecuting attorney.

C. If the party injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed, and the defendant discharged. The reasons for the order shall be set forth and entered of record on the minutes and the order shall be a bar to another prosecution for the same offense.

D. No public offense shall be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.

CREDIT(S)

Formerly § 13-1591. Amended by Laws 1969, Ch. 58, § 1. Renumbered as § 13-3981 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 248, eff. Oct. 1, 1978; Laws 1986, Ch. 295, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3982

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3982. Repealed by Laws 1978, Ch. 201, § 249, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3983

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3983. Waiver of jury by consent of parties

A trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.

CREDIT(S)

Formerly § 13-1593. Renumbered as § 13-3983 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 250, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3984

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3984. Procedure where proof shows higher offense; effect

A. If upon the trial of any action it appears to the court by the testimony that the facts proved constitute an offense of a higher nature than that charged, the court may direct that the jury be discharged and all proceedings on the indictment or information suspended, and may order the commitment of the defendant, and if the offense is bailable, direct in the order that the defendant may be admitted to bail in the amount fixed, which shall be specified in the order, to answer any indictment which may be returned, or any information which may be filed against him following a preliminary hearing, within thirty days after such suspension of proceedings by the court.

B. If the defendant is committed or admitted to bail in order to hold him for a higher offense, as provided in subsection A, it is not an acquittal of the offense in which proceedings were suspended, and no plea of former jeopardy or former acquittal shall be sustained by reason thereof.

CREDIT(S)

Formerly § 13-1595. Renumbered as § 13-3984 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3985

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3985. Effect of acquittal on merits

If a defendant in a criminal action is acquitted on the merits, he is acquitted of the same offense notwithstanding any defect in form or substance in the indictment or information on which the trial was had.

CREDIT(S)

Formerly § 13-1596. Renumbered as § 13-3985 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3986

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3986. Title of affidavits or depositions

It is not necessary to give a title to an affidavit or deposition in a criminal action, whether taken before or after indictment or information, or upon appeal. If the affidavit or deposition is made without a title, or with an erroneous title, it shall be as valid and effectual for every purpose as if it were given a title, if it intelligibly refers to the proceeding, indictment, information or appeal in which it is made.

CREDIT(S)

Formerly § 13-1597. Renumbered as § 13-3986 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3987

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3987. Harmless error

Neither a departure from the form or mode prescribed in respect to any pleadings or proceedings, nor an error or mistake therein, shall render the pleading or proceeding invalid, unless it actually has prejudiced, or tended to prejudice, the defendant in respect to a substantial right.

CREDIT(S)

Formerly § 13-1598. Renumbered as § 13-3987 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3988

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3988. Admissibility of confessions

A. In any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.

B. The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including but not limited to the following:

1. The time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment.

2. Whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession.

3. Whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him.

4. Whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel.

5. Whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the factors indicated in paragraphs 1 through 5 of this subsection which are taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.

C. Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention. As used in this section, the term “confession” means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.

CREDIT(S)

Added as § 13-1599 by Laws 1969, Ch. 23, § 1. Renumbered as § 13-3988 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3989

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3989. Admissibility in evidence of eye witness testimony

The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court of this state.

CREDIT(S)

Added as § 13-1599.01 by Laws 1969, Ch. 23, § 1. Renumbered as § 13-3989 by Laws 1977, Ch. 142, § 154, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3989.01

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3989.01. Admissibility; 911 emergency service records and recordings; definition

A. The records and recordings of 911 emergency service telephone 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. This form authenticates (number) tapes. 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. 911 emergency 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. Nothing in this section affects the confidentiality of medical records as provided in § 12-2292.

D. For the purposes of this section, “records and recordings” includes telephone calls, data compilation from and copies of 911 emergency records and recordings and accompanying explanatory materials.

CREDIT(S)

Added by Laws 1998, Ch. 101, § 1. Amended by Laws 1999, Ch. 261, § 40.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3989.02

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 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 § 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.

CREDIT(S)

Added by Laws 2000, Ch. 295, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3990

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 13. Trials (Refs & Annos)

§ 13-3990. Notice of conviction of teachers

On the conviction of a person of an offense in this title or of any felony, if the person is certified to teach by the state board of education or is teaching in a community college district or charter school, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion is filed, shall be sent by the clerk of the court, or by the magistrate, to the state board of education, to the community college district or to the charter school.

CREDIT(S)

Added by Laws 1986, Ch. 40, § 1. Amended by Laws 2002, 5th S.S., Ch. 4, § 1, eff. Aug. 5, 2002; Laws 2004, Ch. 336, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 14, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 14. Procedures on Issue of Insanity of Defendant

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3991

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 14. Procedures on Issue of Insanity of Defendant (Refs & Annos)

§ 13-3991. Detention of defendant during insanity; restoration to sanity

If a defendant is committed to the state hospital for the reason that he is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense, if charged with a crime, or for the reason that he is found insane after conviction and prior to pronouncing sentence, he shall be detained in the state hospital until he becomes sane. When the defendant becomes sane, the superintendent of the state hospital shall give notice of that fact to the sheriff and county attorney of the county. The sheriff shall thereupon, without delay, bring the defendant from the state hospital and place him in proper custody, until he is brought to trial or sentenced, or is legally discharged.

CREDIT(S)

Formerly § 13-1622. Renumbered as § 13-3991 by Laws 1977, Ch. 142, § 155, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3992

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 14. Procedures on Issue of Insanity of Defendant (Refs & Annos)

§ 13-3992. Expenses of maintenance of insane defendant as county charge

When a defendant in a criminal action, any time prior to pronouncement of sentence, is committed to the state hospital, the expenses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indictment was found or information filed, but the county may recover such expenses from the estate of the defendant or from a relative, town, city or county required by law to provide for and maintain the defendant.

CREDIT(S)

Formerly § 13-1623. Renumbered as § 13-3992 by Laws 1977, Ch. 142, § 155, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3993

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 14. Procedures on Issue of Insanity of Defendant (Refs & Annos)

§ 13-3993. Examination of defendant pleading not guilty by reason of insanity; privilege inapplicability; reports

A. In any criminal prosecution in which the defendant has declared the defendant's intent to invoke an insanity defense, on a showing of unequal resources the state shall have the right to nominate and have appointed for examination of the defendant to determine the defendant's mental state the same number of medical doctors and licensed psychologists that will testify on behalf of the defense.

B. If a defendant in a criminal prosecution refuses to be examined by the state's mental health experts, the court shall preclude the defendant from offering expert evidence of the defendant's mental state at the time of the alleged crime.

C. The privilege of confidential communications between a medical doctor or licensed psychologist and the defendant as it relates to the defendant's mental state at the time of the alleged crime does not apply if any mental disability defense is raised.

D. If any mental disability defense is raised, both the state and the defendant shall receive prior to the trial complete copies of any report by a medical doctor or licensed psychologist who examines the defendant to determine the defendant's mental state at the time of the alleged crime or the defendant's competency.

CREDIT(S)

Added as § 13-135.01 by Laws 1976, Ch. 50, § 1. Renumbered as § 13-1624. Renumbered as § 13-3993 and amended by Laws 1977, Ch. 142, § 156, eff. Oct. 1, 1978. Amended by Laws 1984, Ch. 287, § 2; Laws 1996, Ch. 359, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-3994

Effective: July 29, 2010

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 14. Procedures on Issue of Insanity of Defendant (Refs & Annos)

§ 13-3994. Commitment; hearing; jurisdiction; definition

A. A person who is found guilty except insane pursuant to § 13-502 shall be committed to a secure state mental health facility under the department of health services for a period of treatment.

B. If the criminal act of the person committed pursuant to subsection A of this section 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 date 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. [FN1] The court shall notify the medical director of the mental health facility, the attorney general, the county attorney, the victim and the attorney representing the person, if any, of the date of the hearing. Fourteen days before the hearing the director of the mental health facility shall submit to the court a report addressing the person's mental health and dangerousness.

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 suffers from 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 § 13-502, subsection D shall terminate. Before determining to release a person pursuant to this paragraph, the court shall consider the entire criminal history of the person and shall not order the person's release if the court determines that the person has a propensity to reoffend.

2. If the court finds that the person still suffers from a mental disease or defect, may present a threat of danger to self or others, is gravely disabled, is persistently or acutely disabled or has a propensity to reoffend, it shall order the county attorney to institute civil commitment proceedings pursuant to title 36 [FN2] and the person's commitment ordered pursuant to § 13-502, subsection D shall terminate.

D. If the court finds that the criminal act of the person committed pursuant to subsection A of this section caused the death or serious physical injury of or the threat of death or serious physical injury to another person, the court shall place the person under the jurisdiction of the psychiatric security review board. The court shall state the beginning date, length and ending date of the board's jurisdiction over the person. The length of the board's jurisdiction over the person is equal to the sentence the person could have received pursuant to § 13-707 or § 13-751, subsection A or the presumptive sentence the defendant could have received pursuant to § 13-702, subsection D, § 13-703, § 13-704, § 13-705, § 13-706, subsection A, § 13-710 or § 13-1406. In making this determination the court shall not consider the sentence enhancements for prior convictions under § 13-703 or 13-704. The court shall retain jurisdiction of all matters that are not specifically delegated to the psychiatric security review board for the duration of the presumptive sentence.

E. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section is not eligible for discharge from the board's jurisdiction until the board's jurisdiction over the person expires.

F. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section is not entitled to a hearing before the board earlier than one hundred twenty days after the person's initial commitment. A request for a subsequent release hearing may be made pursuant to subsection H of this section. After the hearing, the board may take one of the following actions:

1. If the psychiatric security review board finds that the person still suffers from a mental disease or defect and is dangerous, the board shall order that the person remain committed at the secure state mental health facility.

2. If the person proves by clear and convincing evidence that the person no longer suffers from a mental disease or defect and is not dangerous, the psychiatric security review board shall order the person's release. The person shall remain under the jurisdiction of the board. Before determining to release a person pursuant to this paragraph, the board shall consider the entire criminal history of the person and shall not order the person's release if the board determines that the person has a propensity to reoffend.

3. If the psychiatric security review board finds that the person still suffers from a mental disease or defect or that the mental disease or defect is in stable remission but the person is no longer dangerous, the board shall order the person's conditional release. The person shall remain under the board's jurisdiction. The board in conjunction with the state mental health facility and behavioral health community providers shall specify the conditions of the person's release. The board shall continue to monitor and supervise a person who is released conditionally. Before the conditional release of a person, a supervised treatment plan shall be in place, including the necessary funding to implement the plan.

4. If the person is sentenced pursuant to § 13-704, § 13-710 or § 13-751, subsection A and the psychiatric security review board finds that the person no longer needs ongoing treatment for a mental disease and the person is dangerous or has a propensity to reoffend, the board shall order the person to be transferred to the state department of corrections for the remainder of the sentence imposed pursuant to § 13-502, subsection D. The board shall consider the safety and protection of the public.

G. Within twenty days after the psychiatric security review board orders a person to be transferred to the state department of corrections, the person may file a petition for a judicial determination. The person shall serve a copy of the request on the attorney general. If the person files a petition for a judicial determination, the person shall remain in a state mental health facility pending the result of the judicial determination. The person requesting the judicial determination has the burden of proving the issues by clear and convincing evidence. The judicial determination is limited to the following issues:

1. Whether the person no longer needs ongoing treatment for a mental disease.

2. Whether the person is dangerous or has a propensity to reoffend.

H. A person who is placed under the jurisdiction of the psychiatric security review board pursuant to subsection D of this section may not seek a new release hearing earlier than twenty months after a prior release hearing, except that the medical director of the state mental health facility may request a new release hearing for a person under the jurisdiction of the psychiatric security review board at any time. The person shall not be held in confinement for more than two years without a hearing before the board to determine if the person should be released or conditionally released.

I. At any hearing for release or conditional release pursuant to this section:

1. Public safety and protection are primary.

2. The applicant has the burden of proof by clear and convincing evidence.

J. At least fifteen days before a hearing is scheduled to consider a person's release, or before the expiration of the board's jurisdiction over the person, the state mental health facility or supervising agency shall submit to the psychiatric security review board a report on the person's mental health. The psychiatric security review board shall determine whether to release the person or to order the county attorney to institute civil commitment proceedings pursuant to title 36.

K. The procedures for civil commitment govern the continued commitment of the person after the expiration of the jurisdiction of the psychiatric security review board.

L. Before a person is released or conditionally released, at least three of the five psychiatric security review board members shall vote for the release or conditional release.

M. If at any time while the person remains under the jurisdiction of the psychiatric security review board it appears to the board, the chairman or vice-chairman of the board or the medical director of the state mental health facility that the person has failed to comply with the terms of the person's conditional release or that the mental health of the person has deteriorated, the board or the chairman or vice-chairman of the board for good cause or the medical director of the state mental health facility may order that the person be returned to a secure state mental health facility for evaluation or treatment. A written order of the board, the chairman or vice-chairman of the board or the medical director is sufficient warrant for any law enforcement officer to take the person into custody and to transport the person accordingly. Any sheriff or other peace officer shall execute the order and shall immediately notify the board of the person's return to the facility. Within twenty days after the person's return to a secure state mental health facility the board shall conduct a hearing and shall give notice within five days before the hearing of the time and place of the hearing to the person, the victim, the attorney representing the person, the county attorney and the attorney general.

N. The director of a facility that is providing treatment to a person on conditional release or any other person who is responsible for the supervision of the person may take the person or request that the person be taken into custody if there is reasonable cause to believe that the person's mental health has deteriorated to the point that the person's conditional release should be revoked and that the person is in need of immediate care, custody or treatment or that deterioration is likely because of noncompliance with a treatment program. A person who is taken into custody pursuant to this subsection shall be transported immediately to a secure state mental health facility and shall have the same rights as any person appearing before the psychiatric security review board.

O. Before the initial hearing or any other hearing before the psychiatric security review board on the release or conditional release of the person, the person, the attorney who is representing the person and the attorney general or county attorney who is representing the state may choose a psychiatrist licensed pursuant to title 32, chapter 13 or 17 [FN3] or a psychologist licensed pursuant to title 32, chapter 19.1 [FN4] to examine the person. All costs in connection with the examination shall be approved and paid by the county of the sentencing court. The written examination results shall be filed with the board and shall include an opinion as to:

1. The mental condition of the person.

2. Whether the person is dangerous.

P. Notwithstanding subsection O of this section, the board or the chairman of the board for good cause may order an independent mental health evaluation by a psychiatrist licensed pursuant to title 32, chapter 13 or 17 or a psychologist licensed pursuant to title 32, chapter 19.1. The written examination results shall be filed with the board pursuant to subsection O of this section.

Q. If a person is found guilty except insane pursuant to § 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 capacity and the allocation formula required pursuant to § 36-206, subsection D. If the Arizona state hospital reaches its 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.

R. For the purposes of this section, “state mental health facility” means a secure state mental health facility under the department of health services.

CREDIT(S)

Added by Laws 1993, Ch. 256, § 5, eff. Jan. 2, 1994. Amended by Laws 1996, Ch. 142, § 1; Laws 1996, Ch. 173, § 2; Laws 1997, Ch. 149, § 1; Laws 1999, Ch. 110, § 1; Laws 2001, Ch. 244, § 1; Laws 2002, Ch. 161, § 1; Laws 2007, Ch. 138, § 2; Laws 2008, Ch. 301, § 92, eff. Jan. 1, 2009; Laws 2010, Ch. 234, § 4.

[FN1] Section 36-501 et seq.

[FN2] Section 36-101 et seq.

[FN3] Section 32-1401 et seq. or 32-1800 et seq.

[FN4] Section 32-2061 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 15, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed]

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4001

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4001 to 13-4003. Repealed by Laws 1978, Ch. 201, § 251, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4002

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4001 to 13-4003. Repealed by Laws 1978, Ch. 201, § 251, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4003

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4001 to 13-4003. Repealed by Laws 1978, Ch. 201, § 251, eff. Oct. 1, 1978

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4004

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4004 to 13-4006. Renumbered as §§ 13-704 to 13-706

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4005

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4004 to 13-4006. Renumbered as §§ 13-704 to 13-706

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4006

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 15. Sentencing [Repealed] (Refs & Annos)

§§ 13-4004 to 13-4006. Renumbered as §§ 13-704 to 13-706

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 16, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4011

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures (Refs & Annos)

§ 13-4011. Costs of criminal action on removal before trial

When a criminal action is removed to another county before trial, the costs of removal and trial shall be a charge against the county in which the indictment or information is filed. The judge of the court in the county to which the action is removed shall certify the amount of the cost incurred, giving the items thereof, to the clerk of the board of supervisors of the county from which removed, and the board shall audit and allow the amount certified and transmit a warrant therefor to the treasurer of the county to which the action was removed.

CREDIT(S)

Formerly § 13-1671. Renumbered as § 13-4011 by Laws 1977, Ch. 142, § 158, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4012

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures (Refs & Annos)

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

The expenses of transmitting to the county attorney of another county a certified copy of the indictment or information and all papers filed in an action, pursuant to suspension of proceedings in a criminal action, upon discovery during the trial that the court in which the trial was being conducted was without jurisdiction of the offense charged, shall be a charge upon the county to which such papers are transmitted.

CREDIT(S)

Formerly § 13-1672. Renumbered as § 13-4012 by Laws 1977, Ch. 142, § 158, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4013

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures (Refs & Annos)

§ 13-4013. Counsel assigned in criminal proceeding or insanity hearings; investigators and expert witnesses; compensation

A. If counsel is appointed by the court and represents the defendant in either a criminal proceeding or insanity hearing, counsel shall be paid by the county in which the court presides, except that in those matters in which a public defender is appointed, no compensation shall be paid by the county. Compensation for services rendered to the defendant shall be in an amount that the court in its discretion deems reasonable, considering the services performed.

B. If a person is charged with a felony offense the court may on its own initiative and shall on application of the defendant and a showing that the defendant is financially unable to pay for such services appoint investigators and expert witnesses as are reasonably necessary to adequately present a defense at trial and at any subsequent proceeding.

C. Compensation for investigators and expert witnesses who are appointed pursuant to subsection B of this section shall be at such rates as the county contracts for such services. If a necessary expert witness represents a discipline or has a skill that is not then the subject of a county contract, the county may either promptly procure those services pursuant to § 11-254.01 or ask the court to establish a reasonable fee for that witness. If no investigator or expert witness who is under contract with the county to provide services is available and the defendant is unable to obtain such services at the county rate, the court shall establish a reasonable fee for the expert witness or investigator providing the service.

CREDIT(S)

Formerly § 13-1673. Amended by Laws 1956, Ch. 9, § 1; Laws 1964, Ch. 43, § 3; Laws 1973, Ch. 138, § 9. Renumbered as § 13-4013 by Laws 1977, Ch. 142, § 158, eff. Oct. 1, 1978; Laws 2005, Ch. 145, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4014

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1674. Renumbered as § 13-4014 by Laws 1977, Ch. 142, § 158, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4015

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 16. Costs, Fees, and Disposition of Fines and Forfeitures (Refs & Annos)

§ 13-4015. Renumbered as § 13-807

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 17, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4021

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4021. Competency to be executed; definition

A. A person who is sentenced to death shall not be executed as long as he is mentally incompetent to be executed.

B. As used in this article, “mentally incompetent to be executed” means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death.

CREDIT(S)

Added by Laws 1993, Ch. 153, § 3.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4022

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4022. Determining competency

A. If after a sentence of death is imposed the director of the state department of corrections, the prisoner's attorney or an attorney for the state has good reason to believe that the prisoner may be mentally incompetent to be executed, the director, the prisoner's attorney or an attorney for the state may file a motion in the superior court in the county in which the prisoner is located setting forth the facts relating to the prisoner's conviction and sentence and the facts giving rise to the belief that the prisoner may be mentally incompetent to be executed and requesting the court to order that the prisoner be examined for mental competency to be executed.

B. A stay of execution may not be granted by the superior court on the filing of a motion for examination of competency. If a stay is desired before the superior court rules on the motion, an application for a stay shall be submitted to the Arizona supreme court.

C. On receipt of a motion for examination of competency, the superior court shall determine if the motion is timely, as prescribed by § 13-4024, and presents reasonable grounds for the requested examination. If the motion is timely and presents reasonable grounds for the requested examination, the court shall appoint experts pursuant to the Arizona rules of criminal procedure. The appointed experts shall make copies of their reports available to all of the parties. The experts' reports shall indicate whether the prisoner suffers from a mental disorder, illness, defect or disability such that the prisoner is incompetent to be executed and would benefit from competency restoration treatment. The parties shall also disclose to the appointed experts and to each other the names and addresses of any other previously undisclosed mental health experts who have examined the prisoner and the results of the examinations.

D. The court may order the prisoner to submit to physical, neurological, psychological or other examinations or evaluations that are reasonably necessary to adequately determine the prisoner's mental competency to be executed. A prisoner who is subject to an examination or evaluation for mental competency to be executed waives all privileges concerning information relevant to the competency determination. The prisoner shall submit to and cooperate in all examinations or evaluations ordered by the court, regardless of which party appointed the mental health experts. If the prisoner refuses to be examined by the state's mental health experts, the court shall not consider any expert evidence offered by the prisoner concerning the prisoner's competency. Evidence obtained under this article is not admissible at any proceeding to determine guilt or innocence unless the defendant presents evidence intended to rebut the presumption of sanity or otherwise consents to admission of the evidence.

E. After the examinations are completed, the court may conduct a hearing to determine the prisoner's competency to be executed. At the hearing, all the parties may present evidence, cross-examine witnesses and present argument or by stipulation may submit the matter for the court's determination on the basis of the experts' reports or other evidence.

F. Prisoners who are sentenced to death are presumed competent to be executed. A prisoner may be found incompetent to be executed only on clear and convincing evidence of incompetency.

G. The superior court shall specifically state its findings on the record. If the court finds that the prisoner is competent, the director of the state department of corrections shall execute the judgment as specified in the warrant. If the court finds that the prisoner is incompetent, the court shall suspend the execution and shall immediately transmit a copy of its order to the supreme court. If the prisoner is incompetent to be executed, the court shall determine whether the prisoner suffers from a mental disorder, illness, defect or disability and shall order competency restoration treatment. The prisoner shall remain in the custody of the state department of corrections until the time for review has expired or a supreme court review is completed. If no review is sought or the supreme court upholds the finding of incompetency to be executed, the director of the state department of corrections shall transfer the prisoner to a licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections for competency restoration treatment. The prisoner shall remain confined in the licensed behavioral health or mental health inpatient treatment facility operated by the state department of corrections until the prisoner becomes competent to be executed.

H. Pursuant to subsection G of this section, the department of health services shall provide competency restoration treatment, including prescribing medication, to a prisoner found incompetent to be executed. The person who supervises the treatment of a prisoner found incompetent to be executed shall submit a written report to the court, the attorney general and the prisoner's attorney when the person believes the prisoner is competent to be executed. The written report shall include at least the following information:

1. The name of each mental health expert who examines the prisoner.

2. The description of the nature, content, extent and results of the examination and any tests conducted.

3. The facts on which the findings are based.

4. An opinion as to the prisoner's competency to be executed.

I. Within five days after the superior court grants or denies a motion for examination or rules whether the prisoner is competent, a party may file with the Arizona supreme court a petition for special action to obtain review of the superior court's decision.

J. The clerk of the court shall prepare a statement of the costs incurred by the county. The judge shall certify the statement and shall forward it to the governor for approval. After approval, the governor shall order that the costs be paid to the county treasurer in the county in which the hearing was held from monies appropriated to the state department of corrections.

CREDIT(S)

Added by Laws 1993, Ch. 153, § 3. Amended by Laws 1999, Ch. 255, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4023

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4023. Recovery of competency

A. Within sixty days after a prisoner is committed for restoration to competency treatment, the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided, the status of the prisoner and the prognosis as to when the prisoner will be competent. The chief medical officer shall provide copies of the report to all of the parties and to the Arizona supreme court. The chief medical officer shall update the report every sixty days until the prisoner is determined to be competent to be executed.

B. After a prisoner recovers competency to be executed, the chief medical officer of the state hospital shall certify to the Arizona supreme court that the prisoner is competent. The Arizona supreme court shall order that the execution be conducted according to the original warrant, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.

C. After a prisoner recovers competency and within ten days after a warrant is issued, the superior court shall appoint psychological experts pursuant to rule 11.3, Arizona rules of criminal procedure to assess the prisoner's competency to be executed. After considering the written opinions of the appointed experts, if the superior court believes that there is a significant question about the prisoner's competency to be executed, the superior court shall conduct a competency hearing to address that issue. If the prisoner and the state agree, the superior court may determine the issue of competency without a hearing and based on the submitted reports.

D. On the request of a party, the superior court may appoint psychological experts after a prisoner's competency has been certified and before a warrant has been issued.

E. The prisoner may waive the appointment of experts pursuant to this section.

F. Within five days after the superior court determines a prisoner's competency to be executed, a party may file with the supreme court a petition for special action to obtain review of the superior court's decision.

G. The costs incurred by the county in appointing experts under this section shall be paid pursuant to § 13-4022.

CREDIT(S)

Added by Laws 1993, Ch. 153, § 3. Amended by Laws 1999, Ch. 255, § 2; Laws 2002, Ch. 194, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4024

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4024. Untimely or successive motions

A. A motion for an examination under § 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:

1. At least one affidavit from a licensed physician or licensed psychologist who has examined the prisoner that states the physician's or psychologist's opinion that the prisoner is not competent to be executed.

2. A statement that establishes good cause for the failure to file the motion in a timely manner.

B. A motion that is filed fewer than twenty days before a scheduled execution shall be served on the state department of corrections and the attorney representing the state in the criminal proceeding. The filing of an untimely motion constitutes consent by the prisoner to be evaluated by a mental health expert who is designated by the state department of corrections. The mental health expert shall report the expert's findings to the superior court and the parties as expediently as practicable. If the prisoner fails to cooperate with an evaluation, the court shall dismiss the motion.

C. If the superior court denies a motion for an examination under § 13-4022 or determines that the prisoner is competent for execution, no further hearings on competency may be granted unless the successive motion is accompanied by an affidavit from a physician who is licensed pursuant to title 32, chapter 13 or 17 [FN1] or a psychologist who is licensed pursuant to title 32, chapter 19.1 [FN2] and who has examined the prisoner and the affidavit shows a substantial change of circumstances since the previous motion for hearing was denied or the prior determination of competency was made and the showing is sufficient to raise a significant question about the prisoner's competency to be executed.

CREDIT(S)

Added by Laws 1993, Ch. 153, § 3. Amended by Laws 1999, Ch. 255, § 3; Laws 2002, Ch. 194, § 2.

[FN1] Sections 32-1401 et seq.; 32-1800 et seq.

[FN2] Section 32-2061 et seq.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4025

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4025. Procedure upon discovery that prisoner under death sentence may be pregnant; examination

If, after delivery to the superintendent of the state prison of a female prisoner under a sentence of death, there is reason at any time prior to execution of such sentence to believe that she is pregnant, the superintendent shall give notice of such fact to the county attorney of the county in which the prison is located, who shall immediately file in the superior court of such county a petition, setting forth the conviction and sentence and the fact that the prisoner is believed to be pregnant, and requesting that the question of pregnancy be determined. The court shall immediately summon three disinterested physicians to inquire into the alleged pregnancy and to report thereon. If the court, after hearing the report of the physicians, decides that the defendant is pregnant, it shall make a written finding thereof and enter it upon the minutes.

CREDIT(S)

Formerly § 13-1695. Renumbered as § 13-4025 by Laws 1977, Ch. 142, § 159, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4026

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 17. Insanity or Pregnancy of Person Under Death Sentence (Refs & Annos)

§ 13-4026. Proceedings subsequent to examination for pregnancy

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

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

C. When the governor receives from the superintendent a certificate that the defendant is no longer pregnant, he shall issue to the superintendent his warrant, appointing a day for the execution of the sentence.

CREDIT(S)

Formerly § 13-1696. Renumbered as § 13-4026 by Laws 1977, Ch. 142, § 159, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. T. 13, Ch. 38, Art. 18, Refs & Annos

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code

Chapter 38. Miscellaneous

Article 18. Appeals

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4031

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 13-4031. Right of appeal

The state, or any party to a prosecution by indictment, information or complaint, may appeal as prescribed by law and in the manner provided by the rules of criminal procedure, except criminal actions involving crimes for which a sentence of death has actually been imposed may only be appealed to the supreme court.

CREDIT(S)

Formerly § 13-1711. Amended by Laws 1964, Ch. 102, § 3, eff. April 6, 1964; Laws 1974, Ch. 7, § 3. Renumbered as § 13-4031 by Laws 1977, Ch. 142, § 161, eff. Oct. 1, 1978. Amended by Laws 1979, Ch. 74, § 1; Laws 1989, Ch. 58, § 2.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4032

Effective: January 1, 2009

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 13-4032. Appeal by state

An appeal may be taken by the state from:

1. An order dismissing an indictment, information or complaint or count of an indictment, information or complaint.

2. An order granting a new trial.

3. A ruling on a question of law adverse to the state when the defendant was convicted and appeals from the judgment.

4. An order made after judgment affecting the substantial rights of the state or a victim, except that the state shall only take an appeal on an order affecting the substantial rights of a victim at the victim's request.

5. A sentence on the grounds that it is illegal, or if the sentence imposed is other than the presumptive sentence authorized by § 13-702, § 13-703, § 13-704 or § 13-706, subsection A.

6. An order granting a motion to suppress the use of evidence.

7. A judgment of acquittal of one or more offenses charged in an indictment, information or complaint or count of an indictment, information or complaint that is entered after a verdict of guilty on the offense or offenses.

CREDIT(S)

Formerly § 13-1712. Amended by Laws 1969, Ch. 133, § 11. Renumbered as § 13-4032 and amended by Laws 1977, Ch. 142, § 162, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 164, § 9, eff. Oct. 1, 1978; Laws 1979, Ch. 74, § 2; Laws 1980, Ch. 50, § 6; Laws 1981, Ch. 63, § 1; Laws 1991, Ch. 229, § 6, eff. Jan. 1, 1992; Laws 1992, Ch. 209, § 4; Laws 2008, Ch. 301, § 93, eff. Jan. 1, 2009.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4033

Effective: September 26, 2008

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 13-4033. Appeal by defendant

A. An appeal may be taken by the defendant only from:

1. A final judgment of conviction or verdict of guilty except insane.

2. An order denying a motion for a new trial.

3. An order made after judgment affecting the substantial rights of the party.

4. A sentence on the grounds that it is illegal or excessive.

B. In noncapital cases a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation.

C. A defendant may not appeal under subsection A, paragraph 1 or 2 if the defendant's absence prevents sentencing from occurring within ninety days after conviction and the defendant fails to prove by clear and convincing evidence at the time of sentencing that the absence was involuntary.

CREDIT(S)

Formerly § 13-1713. Renumbered as § 13-4033 by Laws 1977, Ch. 142, § 161, eff. Oct. 1, 1978. Amended by Laws 1992, Ch. 184, § 1; Laws 1993, Ch. 256, § 6, eff. Jan. 2, 1994; Laws 2008, Ch. 25, § 1.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4034

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 13-4034. Expense of record or transcript upon appeal by indigent as county charge

The expense of a certified copy of the record on appeal or of the reporter's transcript, or both, when appellant files an affidavit that he is without means or wholly unable to pay for such copies, and such affidavit is found true, shall be a charge upon the county in which the appellant was convicted.

CREDIT(S)

Formerly § 13-1714. Renumbered as § 13-4034 by Laws 1977, Ch. 142, § 161, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4035

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 13-4035. Repealed by Laws 1995, Ch. 198, § 1

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4036

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

§ 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.

CREDIT(S)

Formerly § 13-1716. Renumbered as § 13-4036 by Laws 1977, Ch. 142, § 161, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4037

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

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

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

B. Upon an appeal from the judgment or from the sentence on the ground that it is excessive, the court shall have the power to reduce the extent or duration of the punishment imposed, if, in its opinion, the conviction is proper, but the punishment imposed is greater than under the circumstances of the case ought to be inflicted. In such a case, the supreme court shall impose any legal sentence, not more severe than that originally imposed, which in its opinion is proper. Such sentence shall be enforced by the court from which the appeal was taken.

CREDIT(S)

Formerly § 13-1717. Renumbered as § 13-4037 by Laws 1977, Ch. 142, § 161, eff. Oct. 1, 1978.

Current through legislation effective May 7, 2013 of the First Regular Session of the Fifty-first Legislature (2013)

A.R.S. § 13-4038

Effective:[See Text Amendments]

Arizona Revised Statutes Annotated Currentness

Title 13. Criminal Code (Refs & Annos)

Chapter 38. Miscellaneous

Article 18. Appeals (Refs & Annos)

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

Upon an appeal by the state from any order the supreme court may affirm or reverse such order. Upon an appeal from a sentence on the ground that it is illegal the court shall either approve such sentence or if it decides that the sentence is illegal shall correct the sentence to correspond to the verd

Repealed Sections	New Sections
13-3301	13-3303
	13-3304
13-3302	13-3303
	13-3304
13-3303	13-3303
	13-3304
13-3304	13-3303
	13-3306
13-3305	13-3304
13-3306	13-3309
	13-3310
13-3307	13-3305

	Minimum	Presumptive	Maximum
	5 calendar years	10 calendar years	15 calendar years