Arizona Revised Statutes Title 13 - Criminal Code
- § 13-101 Purposes
It is declared that the public policy of this state and the general purposes of the provisions of this title are: 1. To proscribe...
- § 13-101.01 Additional Purposes Of The Criminal Law
In order to preserve and protect the rights of crime victims to justice and the right of the people to safety, it is a...
- § 13-102 Applicability Of Title
A. Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by...
- § 13-103 Abolition Of Common Law Offenses And Affirmative Defenses; Definition
A. All common law offenses and affirmative defenses are abolished. No conduct or omission constitutes an offense or an affirmative defense unless it is...
- § 13-104 Rule Of Construction
The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be...
- § 13-105 Definitions
In this title, unless the context otherwise requires: 1. " Absconder" means a probationer who has moved from the probationer's primary residence without permission...
- § 13-106 Death Of Convicted Defendant; Dismissal Of Appellate And Postconviction Proceedings
A. On a convicted defendant's death, the court shall dismiss any pending appeal or postconviction proceeding. B. A convicted defendant's death does not abate...
- § 13-107 Time Limitations
A. A prosecution for any homicide, any conspiracy to commit homicide that results in the death of a person, any offense that is listed...
- § 13-108 Territorial Applicability
A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such...
- § 13-109 Place Of Trial
A. Criminal prosecutions shall be tried in the county in which conduct constituting any element of the offense or a result of such conduct...
- § 13-110 Conviction For Attempt Although Crime Perpetrated
A person may be convicted of an attempt to commit a crime, although it appears upon the trial that the crime intended or attempted...
- § 13-111 Former Jeopardy Or Acquittal As Bar To Same Or Lesser Offenses
When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment or information, the conviction, acquittal or jeopardy...
- § 13-113 Conviction Or Acquittal In One County As Bar To Prosecution In Another
Where a person may be tried for an offense in two or more counties, a conviction or acquittal of the offense in one county...
- § 13-114 Speedy Trial; Counsel; Witnesses And Confrontation
In a criminal action defendant is entitled: 1. To have a speedy public trial by an impartial jury of the county in which the...
- § 13-115 Presumption Of Innocence And Benefit Of Doubt; Degrees Of Guilt
A. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt...
- § 13-116 Double Punishment
An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in...
- § 13-117 Defendant As Witness; No Comment On Failure To Testify
A. A defendant in a criminal action or proceeding shall not be compelled to be a witness against himself, but may be a witness...
- § 13-118 Sexual Motivation Special Allegation; Procedures; Definition
A. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if...
- § 13-120 Disposition Of Property Taken From Defendant; Receipts
A. When money or other property is taken from a defendant arrested upon a charge of a crime or public offense, the officer taking...
- § 13-121 Jurisdiction Of The Court In Proceedings Subsequent To Trial And Sentencing
Whenever any further proceedings are instituted before the trial court subsequent to the original trial and sentencing, excepting motions for new trial made within...
- § 13-122 Action For Recovery Of Public Monies
This state or any political subdivision of this state may maintain an action against any person convicted of an offense for the recovery of...
- § 13-123 Certificate Of Special Public Importance
In any action for a prosecution involving a dangerous crime against children, the state may file a certificate stating that the case is of...
- § 13-201 Requirements For Criminal Liability
The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform...
- § 13-202 Construction Of Statutes With Respect To Culpability
A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the...
- § 13-203 Causal Relationship Between Conduct And Result; Relationship To Mental Culpability
A. Conduct is the cause of a result when both of the following exist: 1. But for the conduct the result in question would...
- § 13-204 Effect Of Ignorance Or Mistake Upon Criminal Liability
A. Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability unless: 1. It negates...
- § 13-205 Affirmative Defenses; Justification; Burden Of Proof
A. Except as otherwise provided by law, a defendant shall prove any affirmative defense raised by a preponderance of the evidence. Justification defenses under...
- § 13-206 Entrapment
A. It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the...
- § 13-301 Definition Of Accomplice
In this title, unless the context otherwise requires, " accomplice" means a person, other than a peace officer acting in his official capacity within...
- § 13-302 Criminal Liability Based Upon Conduct
A person may be guilty of an offense committed by such person's own conduct or by the conduct of another for which such person...
- § 13-303 Criminal Liability Based Upon Conduct Of Another
A. A person is criminally accountable for the conduct of another if: 1. The person is made accountable for such conduct by the statute...
- § 13-304 Nondefenses To Criminal Liability Based Upon Conduct Of Another
In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under section 13-303...
- § 13-305 Criminal Liability Of Enterprises; Definitions
A. Notwithstanding any other provisions of law, an enterprise commits an offense if: 1. The conduct constituting the offense consists of a failure to...
- § 13-306 Criminal Liability Of An Individual For Conduct Of An Enterprise
A person is criminally liable for conduct constituting an offense which such person performs or causes to be performed in the name of or...
- § 13-401 Unavailability Of Justification Defense; Justification As Defense
A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in...
- § 13-402 Justification; Execution Of Public Duty
A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other...
- § 13-403 Justification; Use Of Physical Force
The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following...
- § 13-404 Justification; Self‑defense
A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and...
- § 13-405 Justification; Use Of Deadly Physical Force
A. A person is justified in threatening or using deadly physical force against another: 1. If such person would be justified in threatening or...
- § 13-406 Justification; Defense Of A Third Person
A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the...
- § 13-407 Justification; Use Of Physical Force In Defense Of Premises
A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in...
- § 13-408 Justification; Use Of Physical Force In Defense Of Property
A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to...
- § 13-409 Justification; Use Of Physical Force In Law Enforcement
A person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or...
- § 13-410 Justification; Use Of Deadly Physical Force In Law Enforcement
A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person...
- § 13-411 Justification; Use Of Force In Crime Prevention; Applicability
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the...
- § 13-412 Duress
A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the...
- § 13-413 No Civil Liability For Justified Conduct
No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.
- § 13-414 Justification; Use Of Reasonable And Necessary Means
A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a...
- § 13-415 Justification; Domestic Violence
If there have been past acts of domestic violence as defined in section 13-3601, subsection A against the defendant by the victim, the state...
- § 13-416 Justification; Use Of Reasonable And Necessary Means; Definition
A. A security officer who is employed by a private contractor may use all reasonable and necessary means, including deadly force, to prevent a...
- § 13-417 Necessity Defense
A. Conduct that would otherwise constitute an offense is justified if a reasonable person was compelled to engage in the proscribed conduct and the...
- § 13-418 Justification; Use Of Force In Defense Of Residential Structure Or Occupied Vehicles; Definitions
A. Notwithstanding any other provision of this chapter, a person is justified in threatening to use or using physical force or deadly physical force...
- § 13-419 Presumptions; Defense Of A Residential Structure Or Occupied Vehicle; Exceptions; Definitions
A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the...
- § 13-420 Attorney Fees; Costs
The court shall award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any...
- § 13-421 Justification; Defensive Display Of A Firearm; Definition
A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe...
- § 13-501 Persons Under Eighteen Years Of Age; Felony Charging; Definitions
A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen,...
- § 13-502 Insanity Test; Burden Of Proof; Guilty Except Insane Verdict
A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted...
- § 13-503 Effect Of Alcohol Or Drug Use
Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other...
- § 13-504 Persons Under Eighteen Years Of Age; Juvenile Transfer
A. On the motion of a juvenile or on the court's own motion, the court, if a juvenile is being prosecuted in the same...
- § 13-601 Classification Of Offenses
A. Felonies are classified, for the purpose of sentence, into the following six categories: 1. Class 1 felonies. 2. Class 2 felonies. 3. Class...
- § 13-602 Designation Of Offenses
A. The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined...
- § 13-603 Authorized Disposition Of Offenders
A. Every person convicted of any offense defined in this title or defined outside this title shall be sentenced in accordance with this chapter...
- § 13-604 Class 6 Felony; Designation
A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and...
- § 13-605 Diagnostic Commitment
A. If after presentence investigation, the court desires more detailed information as a basis for determining the sentence to be imposed, it may commit...
- § 13-606 Civil Commitment After Imposition Of Sentence
A. If, after imposition of sentence authorized by section 13-603 and on the basis of the report and recommendations submitted to the court under...
- § 13-607 Judgment Of Guilt And Sentence Document; Fingerprint; Contents Of Document; Recitations
A. At the time of sentencing a person convicted of a felony offense, a domestic violence offense as defined in section 13-3601 or a...
- § 13-608 Chronic Felony Offenders; Disposition; Notice
A. If a juvenile is prosecuted as a chronic felony offender pursuant to section 13-501, subsection A or B, is convicted of a felony...
- § 13-609 Transfer Of Criminal Justice Information; Definition
A. If a person is found incompetent by a court pursuant to rule 11, Arizona rules of criminal procedure, the court shall transmit the...
- § 13-610 Dna Testing
A. Within thirty days after a person is sentenced to the state department of corrections or a person who is accepted under the interstate...
- § 13-701 Sentence Of Imprisonment For Felony; Presentence Report; Aggravating And Mitigating Factors; Consecutive Terms Of Imprisonment; Definition
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law,...
- § 13-702 First Time Felony Offenders; Sentencing; Definition
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant...
- § 13-703 Repetitive Offenders; Sentencing
A. If a person is convicted of multiple felony offenses that were not committed on the same occasion but that either are consolidated for...
- § 13-704 Dangerous Offenders; Sentencing
A. Except as provided in section 13-705, a person who is at least eighteen years of age or who has been tried as an...
- § 13-705 Dangerous Crimes Against Children; Sentences; Definitions
A. A person who is at least eighteen years of age and who is convicted of a dangerous crime against children in the first...
- § 13-706 Serious, Violent Or Aggravated Offenders; Sentencing; Life Imprisonment; Definitions
A. A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of...
- § 13-707 Misdemeanors; Sentencing
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of...
- § 13-708 Offenses Committed While Released From Confinement
A. A person who is convicted of any felony involving a dangerous offense that is committed while the person is on probation for a...
- § 13-709 Offenses Committed In School Safety Zone; Sentences; Definitions
A. Except as otherwise prescribed in section 13-3411, a person who is convicted of a felony offense that is committed in a school safety...
- § 13-710 Sentence For Second Degree Murder
A. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by...
- § 13-711 Consecutive Terms Of Imprisonment
A. Except as otherwise provided by law, if multiple sentences of imprisonment are imposed on a person at the same time, the sentence or...
- § 13-712 Calculation Of Terms Of Imprisonment
A. A sentence of imprisonment commences when sentence is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise...
- § 13-713 Forfeiture Of Public Retirement System Benefits; Definition
A. Notwithstanding any other law, if a member of a state retirement system or plan is convicted of or pleads no contest to an...
- § 13-714 Offenses Committed With Intent To Promote, Further Or Assist A Criminal Street Gang
A person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal...
- § 13-715 Special Sentencing Provisions; Human Smuggling Organization
A person who is convicted of committing any felony offense with the intent to promote, further or assist a human smuggling organization that operates...
- § 13-716 Juvenile Offenders Sentenced To Life Imprisonment; Parole Eligibility
Notwithstanding any other law, a person who is sentenced to life imprisonment with the possibility of release after serving a minimum number of calendar...
- § 13-751 Sentence Of Death Or Life Imprisonment; Aggravating And Mitigating Circumstances; Definition
A. If the state has filed a notice of intent to seek the death penalty and the defendant is: 1. Convicted of first degree...
- § 13-752 Sentences Of Death, Life Imprisonment Or Natural Life; Imposition; Sentencing Proceedings; Definitions
A. If the state has filed a notice of intent to seek the death penalty and the defendant is convicted of first degree murder,...
- § 13-753 Mental Evaluations Of Capital Defendants; Hearing; Appeal; Definitions
A. In any case in which the state files a notice of intent to seek the death penalty, a person who is found to...
- § 13-754 Capital Defendant Prescreening Evaluation For Competency And Sanity
A. If the state files a notice of intent to seek the death penalty, unless the defendant objects, the court shall appoint a psychologist...
- § 13-755 Death Sentences; Supreme Court Review
A. The supreme court shall review all death sentences. On review, the supreme court shall independently review the trial court's findings of aggravation and...
- § 13-756 Death Sentences; Supreme Court Review
A. The supreme court shall review all death sentences to determine whether the trier of fact abused its discretion in finding aggravating circumstances and...
- § 13-757 Method Of Infliction Of Sentence Of Death; Identity Of Executioners; License Suspension
A. The penalty of death shall be inflicted by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause...
- § 13-758 Persons Present At Execution Of Sentence Of Death; Limitation
The director of the state department of corrections or the director's designee shall be present at the execution of all death sentences and shall...
- § 13-759 Death Warrant; Return
A. After a conviction and sentence of death are affirmed and the first post-conviction relief proceedings have concluded, the supreme court shall issue a...
- § 13-801 Fines For Felonies
A. A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court not more...
- § 13-802 Fines For Misdemeanors
A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court,...
- § 13-803 Fines Against Enterprises
A. Except as provided in sections 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense...
- § 13-804 Restitution For Offense Causing Economic Loss; Fine For Reimbursement Of Public Monies
A. On a defendant's conviction for an offense causing economic loss to any person, the court, in its sole discretion, may order that all...
- § 13-804.01 Reimbursement Of Incarceration Costs; Misdemeanors
A. The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to...
- § 13-805 Jurisdiction
A. The trial court shall retain jurisdiction of the case for purposes of ordering, modifying and enforcing the manner in which court-ordered payments are...
- § 13-806 Restitution Lien
A. The state or any person entitled to restitution pursuant to a court order may file in accordance with this section a restitution lien....
- § 13-807 Civil Actions By Victims Or Other Persons
A defendant who is convicted in a criminal proceeding is precluded from subsequently denying in any civil proceeding brought by the victim or this...
- § 13-808 Time And Method Of Payment Of Fines; Conditions Of Probation; No Limitation On Restitution And Other Assessments
A. If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer...
- § 13-809 Priority Of Payments; Application To Traffic Offenses; Orders To Reimburse Public Monies
A. If a defendant is sentenced to pay a fine or incarceration costs, payment and enforcement of restitution take priority over payment to the...
- § 13-810 Consequences Of Nonpayment Of Fines, Fees, Restitution Or Incarceration Costs
(L07, Ch. 290, sec. 2. Eff. until 1/1/16) A. In addition to any other remedy provided by law, including a writ of execution or...
- § 13-810; Version 2 Consequences Of Nonpayment Of Fines, Fees, Restitution Or Incarceration Costs
(L15, Ch. 269, sec. 1. Eff. 1/1/16) A. In addition to any other remedy provided by law, including a writ of execution or other...
- § 13-811 Disposition Of Fines
A. Except as provided in subsections B and C of this section, all fines collected in any court, except municipal courts, shall be paid...
- § 13-812 Garnishment For Nonpayment Of Fines, Fees, Restitution Or Incarceration Costs
A. After a hearing on an order to show cause pursuant to section 13-810, subsection A or B or after a hearing on a...
- § 13-813 Issuance Of Writ Of Garnishment; Service And Return Of Writ
A. The court shall direct the writ of criminal garnishment to the sheriff, the constable or any other officer who is authorized by law...
- § 13-814 Restitution To Pawnbrokers And Dealers; Definitions
A. If the lawful owner of stolen property recovers the property from a pawnbroker or dealer and the person who sold or pledged the...
- § 13-815 Initial Lien On Earnings
A. If the writ of criminal garnishment is for earnings of the defendant, the writ is a lien on the earnings of the defendant...
- § 13-816 Answer; Time And Form
A. The garnishee shall answer the writ of criminal restitution in the court issuing the writ within ten days after being served. B. If...
- § 13-817 Objection To Garnishment; Hearing; Discharge Of Garnishee
A. A party who has an objection to the writ of garnishment or the answer may file a written objection and may request a...
- § 13-818 Order On Writ Of Garnishment For Money Or Property
A. If the garnishee's answer shows that the garnishee holds indebtedness or monies of the defendant, the court shall enter an order of criminal...
- § 13-819 Order On Writ Of Garnishment For Earnings; Continuing Lien
A. The party who obtains the writ of garnishment for earnings shall deliver a copy of the order on the writ to the garnishee...
- § 13-820 Contempt Proceedings; Failure To Comply With Order
If the garnishee fails to comply with the terms of the order of criminal garnishment within thirty days after receiving the order, the victim...
- § 13-821 Fines For Drug Offenses
A. In addition to any other fine or restitution, if a person is convicted of or adjudicated delinquent for a violation of chapter 34...
- § 13-822 Effective Programs To Prevent And Detect Violations Of Law; Fines
A. If based on any evidence or information introduced or submitted to the court before sentencing or on any evidence that was previously heard...
- § 13-823 Dangerous And Repeat Enterprise Offenders; Fines
A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may...
- § 13-824 Community Restitution In Lieu Of Fines, Fees, Assessments Or Incarceration Costs
(Eff. 1/1/16) Notwithstanding any other law, in a municipal or justice court, if a defendant is sentenced to pay a fine, a fee, assessment...
- § 13-901 Probation
A. If a person who has been convicted of an offense is eligible for probation, the court may suspend the imposition or execution of...
- § 13-901.01 Probation For Persons Convicted Of Possession Or Use Of Controlled Substances Or Drug Paraphernalia; Treatment; Prevention; Education; Exceptions; Definition
(Caution: 1998 Prop. 105 applies) A. Notwithstanding any law to the contrary, any person who is convicted of the personal possession or use of...
- § 13-901.02 Drug Treatment And Education Fund
A. The drug treatment and education fund is established. The administrative office of the supreme court shall administer the fund. B. Fifty per cent...
- § 13-901.03 Violent Crimes; Allegation; Definition
A. The allegation that the defendant committed a violent crime shall be charged in the indictment or information and admitted or found by the...
- § 13-902 Periods Of Probation; Monitoring; Fees
A. Unless terminated sooner, probation may continue for the following periods: 1. For a class 2 felony, seven years. 2. For a class 3...
- § 13-903 Calculation Of Periods Of Probation
A. A period of probation commences on the day it is imposed or as designated by the court, and an extended period of probation...
- § 13-904 Suspension Of Civil Rights And Occupational Disabilities
A. A conviction for a felony suspends the following civil rights of the person sentenced: 1. The right to vote. 2. The right to...
- § 13-905 Restoration Of Civil Rights; Persons Completing Probation
A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil...
- § 13-906 Applications By Persons Discharged From Prison
A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment...
- § 13-907 Setting Aside Judgment Of Convicted Person On Discharge; Application; Release From Disabilities; Firearm Possession; Exceptions
A. Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation...
- § 13-907.01 Vacating The Conviction Of A Sex Trafficking Victim; Requirements
A. A person who was convicted of a violation of section 13-3214 committed prior to July 24, 2014 may apply to the court that...
- § 13-908 Restoration Of Civil Rights In The Discretion Of The Superior Court Judge
Except as provided in section 13-912, the restoration of civil rights and the dismissal of the accusation or information under the provisions of this...
- § 13-909 Restoration Of Civil Rights; Persons Completing Probation For Federal Offense
A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil...
- § 13-910 Applications By Persons Discharged From Federal Prison
A. On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment...
- § 13-911 Restoration Of Civil Rights In The Discretion Of The Presiding Judge Of The Superior Court
The restoration of civil rights under provisions of sections 13-909 or 13-910 is within the discretion of the presiding judge of the superior court...
- § 13-912 Restoration Of Civil Rights For First Offenders; Exception
A. Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or...
- § 13-912.01 Restoration Of Civil Rights; Persons Adjudicated Delinquent
A. A person who was adjudicated delinquent and whose period of probation has been completed may have the right to possess or carry a...
- § 13-913 Definition Of Intensive Probation
In this chapter, unless the context otherwise requires, " intensive probation" means a program established pursuant to this chapter of highly structured and closely...
- § 13-914 Intensive Probation; Evaluation; Sentence; Criteria; Limit; Conditions
A. An adult probation officer shall prepare a presentence report for every offender who has either: 1. Been convicted of a felony and for...
- § 13-916 Intensive Probation Teams; Adult Probation Officer Qualifications; Duties; Case Load Limit
A. The chief adult probation officer in each county, with approval of the presiding judge of the superior court, shall appoint intensive probation teams...
- § 13-917 Modification Of Supervision
A. The adult probation officer shall periodically examine the needs of each person granted intensive probation and the risks of modifying the level of...
- § 13-918 Employment; Distribution Of Wages
A. The intensive probation team shall assist each person under its supervision in obtaining employment. B. The person's wages shall be paid directly to...
- § 13-919 Waiver Of Standards
The requirements of section 13-916, subsection A, subsection B and subsection F, paragraph 2 may be waived for a county if the case load...
- § 13-920 Budget Requests
The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the intensive probation program to...
- § 13-921 Probation For Defendants Under Eighteen Years Of Age; Dual Adult Juvenile Probation
A. The court may enter a judgment of guilt and place the defendant on probation pursuant to this section if all of the following...
- § 13-923 Persons Convicted Of Sexual Offenses; Annual Probation Review Hearing; Report; Notification
A. If requested by the probationer, the court shall conduct a probation hearing at least once a year for a probationer who is under...
- § 13-924 Probation; Earned Time Credit; Applicability
A. The court may adjust the period of a probationer's supervised probation on the recommendation of an adult probation officer for earned time credit....
- § 13-925 Restoration Of Right To Possess A Firearm; Mentally Ill Persons; Petition
A. A person may petition the court that entered an order, finding or adjudication that resulted in the person being a prohibited possessor as...
- § 13-1001 Attempt; Classifications
A. A person commits attempt if, acting with the kind of culpability otherwise required for commission of an offense, such person: 1. Intentionally engages...
- § 13-1002 Solicitation; Classifications
A. A person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of...
- § 13-1003 Conspiracy; Classification
A. A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or...
- § 13-1004 Facilitation; Classification
A. A person commits facilitation if, acting with knowledge that another person is committing or intends to commit an offense, the person knowingly provides...
- § 13-1005 Renunciation Of Attempt, Solicitation, Conspiracy Or Facilitation; Defenses
A. In a prosecution for attempt, conspiracy or facilitation, it is a defense that the defendant, under circumstances manifesting a voluntary and complete renunciation...
- § 13-1006 Effect Of Immunity, Irresponsibility Or Incapacity Of A Party To Solicitation, Conspiracy Or Facilitation
A. It is not a defense to a prosecution for solicitation, conspiracy or facilitation that a person solicited, facilitated or with whom the defendant...
- § 13-1101 Definitions
In this chapter, unless the context otherwise requires: 1. " Premeditation" means that the defendant acts with either the intention or the knowledge that...
- § 13-1102 Negligent Homicide; Classification
A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child. B. An...
- § 13-1103 Manslaughter; Classification
A. A person commits manslaughter by: 1. Recklessly causing the death of another person; or 2. Committing second degree murder as prescribed in section...
- § 13-1104 Second Degree Murder; Classification
A. A person commits second degree murder if without premeditation: 1. The person intentionally causes the death of another person, including an unborn child...
- § 13-1105 First Degree Murder; Classification
A. A person commits first degree murder if: 1. Intending or knowing that the person's conduct will cause death, the person causes the death...
- § 13-1201 Endangerment; Classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. B. Endangerment involving a...
- § 13-1202 Threatening Or Intimidating; Classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct: 1. To cause physical injury to another...
- § 13-1203 Assault; Classification
A. A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person...
- § 13-1204 Aggravated Assault; Classification; Definitions
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If...
- § 13-1205 Unlawfully Administering Intoxicating Liquors, Narcotic Drug Or Dangerous Drug; Classification
A. A person commits unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug if, for a purpose other than lawful medical or therapeutic...
- § 13-1206 Dangerous Or Deadly Assault By Prisoner Or Juvenile; Classification
A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county...
- § 13-1207 Prisoners Who Commit Assault With Intent To Incite To Riot Or Participate In Riot; Classification
A. A person, while in the custody of the state department of corrections or a county or city jail, who commits assault on another...
- § 13-1208 Assault; Vicious Animals; Classification; Exception; Definition
A. A person who intentionally or knowingly causes any dog to bite and inflict serious physical injury on a human being or otherwise cause...
- § 13-1209 Drive By Shooting; Forfeiture; Driver License Revocation; Classification; Definitions
A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or...
- § 13-1210 Assaults On Public Safety Employees Or Volunteers And State Hospital Employees; Disease Testing; Petition; Hearing; Notice; Definitions
A. A public safety employee or volunteer or the employing agency, officer or entity may petition the court for an order authorizing testing of...
- § 13-1211 Discharging A Firearm At A Structure; Classification; Definitions
A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony. B. A person who knowingly...
- § 13-1212 Prisoner Assault With Bodily Fluids; Liability For Costs; Classification; Definition
A. A prisoner commits prisoner assault with bodily fluids if the prisoner throws or projects any bodily fluid at or onto a correctional facility...
- § 13-1213 Aiming A Laser Pointer At A Peace Officer Or An Occupied Aircraft; Classification; Definitions
A. A person commits aiming a laser pointer at a peace officer if the person intentionally or knowingly directs the beam of light from...
- § 13-1214 Unlawful Mutilation; Classification; Definition
A. It is unlawful for a person to: 1. Mutilate a female who is under eighteen years of age. 2. Knowingly transport a female...
- § 13-1301 Definitions
In this chapter, unless the context otherwise requires: 1. " Relative" means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an...
- § 13-1302 Custodial Interference; Child Born Out Of Wedlock; Defenses; Classification
A. A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the...
- § 13-1303 Unlawful Imprisonment; Classification; Definition
A. A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that: 1....
- § 13-1304 Kidnapping; Classification; Consecutive Sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or...
- § 13-1305 Access Interference; Classification; Definition
A. A person commits access interference if, knowing or having reason to know that the person has no legal right to do so, the...
- § 13-1306 Unlawfully Obtaining Labor Or Services; Classification
A. It is unlawful for a person to knowingly obtain the labor or services of another person by doing any of the following: 1....
- § 13-1307 Sex Trafficking; Classification; Definitions
A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the...
- § 13-1308 Trafficking Of Persons For Forced Labor Or Services; Classification; Definitions
A. It is unlawful for a person to either: 1. Knowingly traffic another person with the intent to or knowledge that the other person...
- § 13-1309 Restitution
The court shall order restitution for any violation of section 13-1306, 13-1307 or 13-1308, including the greater of either the gross income or value...
- § 13-1401 Definitions; Factors
A. In this chapter, unless the context otherwise requires: 1. " Oral sexual contact" means oral contact with the penis, vulva or anus. 2....
- § 13-1402 Indecent Exposure; Exception; Classification
A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple...
- § 13-1403 Public Sexual Indecency; Public Sexual Indecency To A Minor; Classification
A. A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and...
- § 13-1404 Sexual Abuse; Classification
A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of...
- § 13-1405 Sexual Conduct With A Minor; Classification
A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person...
- § 13-1406 Sexual Assault; Classification; Increased Punishment
A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of...
- § 13-1407 Defenses
A. It is a defense to a prosecution pursuant to sections 13-1404 and 13-1405 involving a minor if the act was done in furtherance...
- § 13-1408 Adultery; Classification; Punishment; Limitation On Prosecution
A. A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with...
- § 13-1409 Unlawful Sexual Conduct; Adult Probation Department Employees; Juvenile Court Employees; Classification; Definitions
A. An adult probation department employee or juvenile court employee commits unlawful sexual conduct if the employee knowingly coerces the victim to engage in...
- § 13-1410 Molestation Of A Child; Classification
A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except...
- § 13-1411 Bestiality; Classification; Definition
A. A person commits bestiality by knowingly doing either of the following: 1. Engaging in oral sexual contact, sexual contact or sexual intercourse with...
- § 13-1412 Unlawful Sexual Conduct; Peace Officers; Classification; Definitions
A. A peace officer commits unlawful sexual conduct by knowingly engaging in sexual contact, oral sexual contact or sexual intercourse with any person who...
- § 13-1413 Capacity Of Minor Sexual Assault Victim To Consent To Medical Examination
Notwithstanding any other provision of the law, when it is not possible to contact the parents or legal guardian within the short time span...
- § 13-1414 Expenses Of Investigation
Any medical or forensic interview expenses arising out of the need to secure evidence that a person has been the victim of a dangerous...
- § 13-1415 Human Immunodeficiency Virus And Sexually Transmitted Disease Testing; Victim's Rights; Petition; Definitions
A. A defendant, including a defendant who is a minor, who is alleged to have committed a sexual offense or another offense involving significant...
- § 13-1416 Admissibility Of Minor's Statement; Notice
A. Except as otherwise provided in title 8, a statement made by a minor who is under the age of ten years describing any...
- § 13-1417 Continuous Sexual Abuse Of A Child; Classification
A. A person who over a period of three months or more in duration engages in three or more acts in violation of section...
- § 13-1418 Sexual Misconduct; Behavioral Health Professionals; Classification
A. A behavioral health professional licensed pursuant to title 32, chapter 33 or a psychiatrist or psychologist licensed pursuant to title 32, chapter 13,...
- § 13-1419 Unlawful Sexual Conduct; Correctional Facilities; Classification; Definition
A. A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is...
- § 13-1420 Sexual Offense; Evidence Of Similar Crimes; Definition
A. If the defendant is charged with committing a sexual offense, the court may admit evidence that the defendant committed past acts that would...
- § 13-1421 Evidence Relating To Victim's Chastity; Pretrial Hearing
A. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for...
- § 13-1422 Adult Oriented Businesses; Location; Hours Of Operation; Injunction; Classification; Definitions
A. An adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a...
- § 13-1423 Violent Sexual Assault; Natural Life Sentence
A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410...
- § 13-1424 Voyeurism; Classification
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual...
- § 13-1425 Unlawful Distribution Of Images; State Of Nudity; Classification; Definitions
A. It is unlawful to intentionally disclose, display, distribute, publish, advertise or offer a photograph, videotape, film or digital recording of another person in...
- § 13-1501 Definitions
In this chapter, unless the context otherwise requires: 1. " Critical public service facility" means: (a) A structure or fenced yard that is posted...
- § 13-1502 Criminal Trespass In The Third Degree; Classification
A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable...
- § 13-1503 Criminal Trespass In The Second Degree; Classification
A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in...
- § 13-1504 Criminal Trespass In The First Degree; Classification
A. A person commits criminal trespass in the first degree by knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2....
- § 13-1505 Possession Of Burglary Tools; Master Key; Manipulation Key; Classification
A. A person commits possession of burglary tools by: 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing...
- § 13-1506 Burglary In The Third Degree; Classification
A. A person commits burglary in the third degree by: 1. Entering or remaining unlawfully in or on a nonresidential structure or in a...
- § 13-1507 Burglary In The Second Degree; Classification
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to...
- § 13-1508 Burglary In The First Degree; Classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507...
- § 13-1509 Willful Failure To Complete Or Carry An Alien Registration Document; Exception; Authenticated Records;
A. In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document...
- § 13-1601 Definitions
In this chapter, unless the context otherwise requires: 1. " Damaging" means damage as defined in section 13-1701. 2. " Defacing" means any unnecessary...
- § 13-1602 Criminal Damage; Classification
A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person...
- § 13-1603 Criminal Littering Or Polluting; Classification
A. A person commits criminal littering or polluting if the person without lawful authority does any of the following: 1. Throws, places, drops or...
- § 13-1604 Aggravated Criminal Damage; Classification
A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner: 1. Defacing, damaging or in any...
- § 13-1605 Aggregation Of Amounts Of Damage
Amounts of damage caused pursuant to one scheme or course of conduct, whether to property of one or more persons, may be aggregated in...
- § 13-1701 Definitions
In this chapter, unless the context otherwise requires: 1. " Damage" means any physical or visual impairment of any surface. 2. " Occupied structure"...
- § 13-1702 Reckless Burning; Classification
A. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland...
- § 13-1703 Arson Of A Structure Or Property; Classification
A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire...
- § 13-1704 Arson Of An Occupied Structure; Classification
A. A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion....
- § 13-1705 Arson Of An Occupied Jail Or Prison Facility; Classification.
A. A person commits arson of an occupied jail or prison facility by knowingly causing a fire or explosion which results in physical damage...
- § 13-1706 Burning Of Wildlands; Exceptions; Classification
A. It is unlawful for any person, without lawful authority, to intentionally, knowingly, recklessly or with criminal negligence to set or cause to be...
- § 13-1707 Unlawful Cross Burning; Classification
A. It is unlawful for a person to burn or cause to be burned a cross on the property of another person without that...
- § 13-1708 Unlawful Symbol Burning; Classification
A. It is unlawful for a person to burn or cause to be burned any symbol not addressed by section 13-1707 on the property...
- § 13-1709 Emergency Response And Investigation Costs; Civil Liability; Definitions
A. A person who commits an act in violation of this chapter that results in an appropriate emergency response or investigation and who is...
- § 13-1801 Definitions
A. In this chapter, unless the context otherwise requires: 1. " Check" means any check, draft or other negotiable or nonnegotiable instrument of any...
- § 13-1802 Theft; Classification; Definitions
A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other...
- § 13-1803 Unlawful Use Of Means Of Transportation; Classification
A. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either: 1. Knowingly takes unauthorized control...
- § 13-1804 Theft By Extortion; Classification
A. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do...
- § 13-1805 Shoplifting; Detaining Suspect; Defense To Wrongful Detention; Civil Action By Merchant; Public Services; Classification
A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of...
- § 13-1806 Unlawful Failure To Return Rented Or Leased Property; Notice; Classification
A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person...
- § 13-1807 Issuing A Bad Check; Violation; Classification
A. A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient...
- § 13-1808 Presumptions Relating To Issuing A Bad Check; Proof Of Presentation; Nonpayment; Protest; Notice
A. For the purposes of this chapter, the issuer's knowledge of insufficient funds may be presumed if either: 1. The issuer had no account...
- § 13-1809 Jurisdiction; Restitution; Fees; Deferred Prosecution
A. The county attorney may prosecute any violation of section 13-1807. If the defendant is alleged to have committed multiple violations of section 13-1807...
- § 13-1810 Deferred Prosecution Of Bad Check Cases
A. Each county attorney may create within his office a deferred prosecution program for bad check cases. B. The county attorney may refer a...
- § 13-1811 County Bad Check Trust Fund; Use Of Fund
A. The board of supervisors of a county shall establish a county bad check trust fund in the county treasury. The county attorney shall...
- § 13-1812 Bank Records; Subpoenas; Affidavit Of Dishonor; Affidavit Of Loss
A. The county attorney may issue a subpoena duces tecum to a financial institution to obtain account records or affidavits of dishonor in an...
- § 13-1813 Unlawful Failure To Return A Motor Vehicle Subject To A Security Interest; Notice; Classification
A. A person commits unlawful failure to return a motor vehicle subject to a security interest if all of the following apply: 1. The...
- § 13-1814 Theft Of Means Of Transportation; Affidavit; Classification
A. A person commits theft of means of transportation if, without lawful authority, the person knowingly does one of the following: 1. Controls another...
- § 13-1815 Unlawful Use Of Power Of Attorney; Classification
A. An agent who holds a principal's power of attorney pursuant to title 14, chapter 5, article 5 and who uses or manages the...
- § 13-1816 Unlawful Use, Possession Or Removal Of Theft Detection Shielding Devices; Classification; Definition
A. A person commits unlawful use of a theft detection shielding device if the person knowingly manufacturers, sells, offers for sale or distributes in...
- § 13-1817 Unlawful Possession, Use Or Alteration Of A Retail Sales Receipt Or Universal Product Code Label; Classification; Definition
A. It is unlawful for a person to intentionally cheat or defraud a merchant by doing any of the following: 1. Possessing at least...
- § 13-1818 Misappropriation Of Charter School Monies; Violation; Classification
A. A person commits misappropriation of charter school monies if without lawful authority and with an intent to defraud the person converts monies provided...
- § 13-1819 Organized Retail Theft; Classification
A. A person commits organized retail theft if the person acting alone or in conjunction with another person does any of the following: 1....
- § 13-1820 Theft Of Trade Secrets; Classification; Definition
A. A person commits theft of trade secrets if, with the intent to deprive or withhold the exclusive control of a trade secret from...
- § 13-1901 Definitions
In this chapter, unless the context otherwise requires: 1. " Force" means any physical act directed against a person as a means of gaining...
- § 13-1902 Robbery; Classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his...
- § 13-1903 Aggravated Robbery; Classification
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one...
- § 13-1904 Armed Robbery; Classification
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1....
- § 13-2001 Definitions
In this chapter, unless the context otherwise requires: 1. " Access device" means any card, token, code, account number, electronic serial number, mobile or...
- § 13-2002 Forgery; Classification
A. A person commits forgery if, with intent to defraud, the person: 1. Falsely makes, completes or alters a written instrument; or 2. Knowingly...
- § 13-2003 Criminal Possession Of A Forgery Device; Classification
A. A person commits criminal possession of a forgery device if the person either: 1. Makes or possesses with knowledge of its character and...
- § 13-2004 Criminal Simulation; Classification
A. A person commits criminal simulation if, with intent to defraud, such person makes, alters, or presents or offers, whether accepted or not, any...
- § 13-2005 Obtaining A Signature By Deception; Classification
A. A person commits obtaining a signature by deception if, with intent to defraud, such person obtains the signature of another person to a...
- § 13-2006 Criminal Impersonation; Classification
A. A person commits criminal impersonation by: 1. Assuming a false identity with the intent to defraud another; or 2. Pretending to be a...
- § 13-2007 Unlawful Use Of Slugs; Classification
A. A person commits unlawful use of slugs if: 1. With intent to defraud the supplier of property or a service sold or offered...
- § 13-2008 Taking Identity Of Another Person Or Entity; Classification
A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any...
- § 13-2009 Aggravated Taking Identity Of Another Person Or Entity; Knowingly Accepting The Identity Of Another Person; Classification
A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses...
- § 13-2010 Trafficking In The Identity Of Another Person Or Entity; Classification
A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying...
- § 13-2011 Admission Tickets; Fraudulent Creation Or Possession; Classification
A. It is unlawful for a person, with intent to defraud, to forge, alter or possess any ticket, token or paper that is designed...
- § 13-2101 Definitions
In this chapter, unless the context otherwise requires: 1. " Cancelled or revoked credit card" means a credit card that is no longer valid...
- § 13-2102 Theft Of A Credit Card Or Obtaining A Credit Card By Fraudulent Means; Classification
A. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person: 1. Controls a credit...
- § 13-2103 Receipt Of Anything Of Value Obtained By Fraudulent Use Of A Credit Card; Classification
A. A person, being a third party, commits receipt of anything of value obtained by fraudulent use of a credit card by buying or...
- § 13-2104 Forgery Of Credit Card; Classification
A. A person commits forgery of a credit card if the person: 1. With intent to defraud, alters any credit card, falsely makes, manufactures,...
- § 13-2105 Fraudulent Use Of A Credit Card; Classification
A. A person commits fraudulent use of a credit card if the person: 1. With intent to defraud, uses, for the purposes of obtaining...
- § 13-2106 Possession Of Machinery, Plate Or Other Contrivance Or Incomplete Credit Card; Classification
A. A person commits possession of machinery, plate or other contrivance or incomplete credit card if such person: 1. Possesses an incomplete credit card...
- § 13-2107 False Statement As To Financial Condition Or Identity; Classification
A. A person commits false statement as to financial condition or identity if the person makes or causes to be made, either directly or...
- § 13-2108 Fraud By Person Authorized To Provide Goods Or Services; Classification
A. A person commits fraud by a person authorized to provide goods or services if such person knowingly: 1. Furnishes money, goods, services or...
- § 13-2109 Credit Card Transaction Record Theft; Classification
A. A person commits credit card transaction record theft by: 1. If the person is a merchant, knowingly presenting for payment to a participating...
- § 13-2110 Unlawful Possession Or Use Of Scanning Device Or Reencoder; Classification
A. It is unlawful for a person to use a scanning device or reencoder without the permission of the cardholder of the credit card...
- § 13-2201 Definitions
In this chapter, unless the context otherwise requires: 1. " Adulterated" means varying from the standard of composition or quality prescribed by statute or...
- § 13-2202 Deceptive Business Practices; Classification
A. A person commits deceptive business practices if in the course of engaging in a business, occupation or profession such person recklessly: 1. Uses...
- § 13-2203 False Advertising; Classification
A. A person commits false advertising if, in connection with the promotion of the sale of property or services, such person recklessly causes to...
- § 13-2204 Defrauding Secured Creditors; Definition; Classification
A. A person commits defrauding secured creditors if the person knowingly destroys, removes, conceals, encumbers, converts, sells, obtains, transfers, controls or otherwise deals with...
- § 13-2205 Defrauding Judgment Creditors; Classification
A. A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud...
- § 13-2206 Fraud In Insolvency; Classification
A. A person commits fraud in insolvency if, when proceedings have been or are about to be instituted for the appointment of a trustee,...
- § 13-2207 Receiving Deposits In An Insolvent Financial Institution; Classification
A. A person commits receiving deposits in an insolvent financial institution if, as an officer, manager or other person participating in the direction of...
- § 13-2208 Usury; Classification
A. A person commits usury by knowingly engaging in or directly or indirectly providing financing for the business of making loans at a higher...
- § 13-2301 Definitions
A. For the purposes of sections 13-2302, 13-2303 and 13-2304: 1. " Collect an extension of credit" means to induce in any way any...
- § 13-2302 Making Extortionate Extensions Of Credit; Classification
A. Any person who makes an extortionate extension of credit is guilty of a class 5 felony. B. In any prosecution pursuant to this...
- § 13-2303 Financing Extortionate Extensions Of Credit
A person who knowingly advances money or property, whether as a gift, loan, investment, pursuant to a partnership or profit sharing agreement or otherwise,...
- § 13-2304 Collection Of Extensions Of Credit By Extortionate Means
A. A person who knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extensions...
- § 13-2305 Permissible Inferences
In an action for trafficking in stolen property: 1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an...
- § 13-2306 Possession Of Altered Property; Classification
A. A person who is a dealer in property and recklessly possesses property the permanent identifying features of which, including serial numbers or labels,...
- § 13-2307 Trafficking In Stolen Property; Classification
A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the...
- § 13-2308 Participating In Or Assisting A Criminal Syndicate; Classification
A. A person commits participating in a criminal syndicate by: 1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent...
- § 13-2308.01 Terrorism; Classification; Definitions
A. It is unlawful for a person to intentionally or knowingly do any of the following: 1. Engage in an act of terrorism. 2....
- § 13-2309 Bribery Of Participants In Professional Or Amateur Games, Sports, Horse Races, Dog Races, Contests; Classification
Whoever knowingly gives, promises or offers to any professional or amateur baseball, football, hockey, polo, tennis, horse race, dog race or basketball player or...
- § 13-2310 Fraudulent Schemes And Artifices; Classification; Definition
A. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations,...
- § 13-2311 Fraudulent Schemes And Practices; Wilful Concealment; Classification
A. Notwithstanding any provision of the law to the contrary, in any matter related to the business conducted by any department or agency of...
- § 13-2312 Illegal Control Of An Enterprise; Illegally Conducting An Enterprise; Classification
A. A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise,...
- § 13-2313 Judicial Powers Over Racketeering Criminal Cases
During the pendency of any criminal case charging an offense included in the definition of racketeering in section 13-2301, subsection D, paragraph 4 or...
- § 13-2314 Racketeering; Civil Remedies By This State; Definitions
A. The attorney general or a county attorney may file an action in superior court on behalf of a person who sustains injury to...
- § 13-2314.01 Anti-Racketeering Revolving Fund; Use Of Fund; Reports
A. The anti-racketeering revolving fund is established. The attorney general shall administer the fund under the conditions and for the purposes provided by this...
- § 13-2314.02 Racketeering Lien; Content; Filing; Notice; Effect
A. The state, upon filing a civil action under section 13-2314, upon seizure for forfeiture under chapter 39 of this title or upon charging...
- § 13-2314.03 County Anti-Racketeering Revolving Fund; Use Of Fund; Reports
A. The board of supervisors of a county shall establish a county anti-racketeering revolving fund administered by the county attorney under the conditions and...
- § 13-2314.04 Racketeering; Unlawful Activity; Civil Remedies By Private Cause Of Action; Definitions
A. A person who sustains reasonably foreseeable injury to his person, business or property by a pattern of racketeering activity, or by a violation...
- § 13-2315 Racketeering; Investigation Of Records; Confidentiality; Court Enforcement; Immunity; Classification
A. A custodian of the records of a financial institution as defined in section 13-2301 shall, at no expense to the financial institution, produce...
- § 13-2316 Computer Tampering; Venue; Forfeiture; Classification
A. A person who acts without authority or who exceeds authorization of use commits computer tampering by: 1. Accessing, altering, damaging or destroying any...
- § 13-2316.01 Unlawful Possession Of An Access Device; Classification
A. A person commits unlawful possession of an access device by knowingly possessing, trafficking in, publishing or controlling an access device without the consent...
- § 13-2316.02 Unauthorized Release Of Proprietary Or Confidential Computer Security Information; Exceptions; Classification
A. A person commits unauthorized release of proprietary or confidential computer security information by communicating, releasing or publishing proprietary or confidential computer security information,...
- § 13-2317 Money Laundering; Classification; Definitions
A. A person is guilty of money laundering in the first degree if the person does any of the following: 1. Knowingly initiates, organizes,...
- § 13-2318 Civil Judgments; Injury To The State
The court shall not reduce or increase the judgment in a civil action under this title because of the imposition or failure to impose...
- § 13-2319 Smuggling; Classification; Definitions
A. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose. B. A violation...
- § 13-2320 Residential Mortgage Fraud; Classification; Definitions
A. A person commits residential mortgage fraud if, with the intent to defraud, the person does any of the following: 1. Knowingly makes any...
- § 13-2321 Participating In Or Assisting A Criminal Street Gang; Classification
A. A person commits participating in a criminal street gang by any of the following: 1. Intentionally organizing, managing, directing, supervising or financing a...
- § 13-2322 Unlawful Transactions Involving Drop House Properties; Classification; Definition
A. A person or company that owns, sells, leases or brokers a transaction involving property or real property that the person or company knows...
- § 13-2323 Participating In Or Assisting A Human Smuggling Organization; Classification
A. A person commits participating in a human smuggling organization by any of the following: 1. Intentionally organizing, managing, directing, supervising or financing a...
- § 13-2401 Personal Information On The World Wide Web; Exception; Classification; Definitions
A. It is unlawful for a person to knowingly make available on the world wide web the personal information of a peace officer, justice,...
- § 13-2402 Obstructing Governmental Operations; Classification
A. A person commits obstructing governmental operations if, by using or threatening to use violence or physical force, such person knowingly obstructs, impairs or...
- § 13-2403 Refusing To Aid A Peace Officer; Classification
A. A person commits refusing to aid a peace officer if, upon a reasonable command by a person reasonably known to be a peace...
- § 13-2404 Refusing To Assist In Fire Control; Classification
A. A person commits refusing to assist in fire control if: 1. Upon a reasonable command by a person reasonably known to be a...
- § 13-2405 Compounding; Classification
A. A person commits compounding if such person knowingly accepts or agrees to accept any pecuniary benefit as consideration for: 1. Refraining from seeking...
- § 13-2406 Impersonating A Public Servant; Classification; Definition
A. A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the...
- § 13-2407 Tampering With A Public Record; Classification
A. A person commits tampering with a public record if, with the intent to defraud or deceive, such person knowingly: 1. Makes or completes...
- § 13-2408 Securing The Proceeds Of An Offense; Classification
A. A person commits securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of...
- § 13-2409 Obstructing Criminal Investigations Or Prosecutions; Classification
A person who knowingly attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication...
- § 13-2410 Obstructing Officer From Collecting Public Money; Classification
A person who knowingly obstructs or hinders a public officer from collecting revenue, taxes or other money in which this state or a county,...
- § 13-2411 Impersonating A Peace Officer; Classification; Definition
A. A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any...
- § 13-2412 Refusing To Provide Truthful Name When Lawfully Detained; Classification
A. It is unlawful for a person, after being advised that the person's refusal to answer is unlawful, to fail or refuse to state...
- § 13-2501 Definitions
In this chapter, unless the context otherwise requires: 1. " Contraband" means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly...
- § 13-2502 Escape In The Third Degree; Classification
A. A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty...
- § 13-2503 Escape In The Second Degree; Classification
A. A person commits escape in the second degree by knowingly: 1. Escaping or attempting to escape from a juvenile secure care facility, a...
- § 13-2504 Escape In The First Degree; Classification
A. A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility,...
- § 13-2505 Promoting Prison Contraband; Exceptions; X‑radiation; Classification
A. A person, not otherwise authorized by law, commits promoting prison contraband: 1. By knowingly taking contraband into a correctional facility or the grounds...
- § 13-2506 Failure To Appear In The Second Degree; Classification
A. A person commits failure to appear in the second degree if, having been required by law to appear in connection with any misdemeanor...
- § 13-2507 Failure To Appear In The First Degree; Classification
A. A person commits failure to appear in the first degree if, having been required by law to appear in connection with any felony,...
- § 13-2508 Resisting Arrest; Classification; Definition
A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer,...
- § 13-2509 Resisting An Order Directing, Regulating Or Controlling Motor Vehicle; Classification
A. A person commits resisting an order directing, regulating or controlling a motor vehicle by knowingly failing to obey an order of a person...
- § 13-2510 Hindering Prosecution; Definition
For purposes of sections 13-2511 and 13-2512 a person renders assistance to another person by knowingly: 1. Harboring or concealing the other person; or...
- § 13-2511 Hindering Prosecution In The Second Degree; Classification
A. A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another...
- § 13-2512 Hindering Prosecution In The First Degree; Classification
A. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another...
- § 13-2513 Failure To Discharge Duties; Classification; Definition
A. A person who has custodial responsibility and who intentionally fails to discharge those duties is guilty of a class 1 misdemeanor if that...
- § 13-2514 Promoting Secure Care Facility Contraband; Classifications
A. A person, not otherwise authorized by law, commits promoting secure care facility contraband by knowingly doing any of the following: 1. Taking contraband...
- § 13-2601 Definition
In this chapter, unless the context otherwise requires: 1. " Employee" includes a person employed by an enterprise or an agent or fiduciary of...
- § 13-2602 Bribery Of A Public Servant Or Party Officer; Classification
A. A person commits bribery of a public servant or party officer if with corrupt intent: 1. Such person offers, confers or agrees to...
- § 13-2603 Trading In Public Office; Classification
A. A person commits trading in public office if with corrupt intent: 1. Such person offers, confers or agrees to confer any benefit upon...
- § 13-2604 Forfeiture And Disqualification From Office
Notwithstanding the provisions of sections 13-904 and 13-912, a person convicted of violating section 13-2602 or 13-2603 shall forever be disqualified from becoming a...
- § 13-2605 Commercial Bribery; Classification; Exception
A. A person commits commercial bribery if: 1. Such person confers any benefit on an employee without the consent of such employee's employer, corruptly...
- § 13-2606 Offer To Exert Improper Influence On Public Officer Or Employee For Consideration; Classification
A person who intentionally or knowingly obtains or seeks to obtain any benefit from another person upon a claim or representation that he can...
- § 13-2701 Definitions
In this chapter, unless the context otherwise requires: 1. " Material" means that which could have affected the course or outcome of any proceeding...
- § 13-2702 Perjury; Classification
A. A person commits perjury by making either: 1. A false sworn statement in regard to a material issue, believing it to be false....
- § 13-2703 False Swearing; Classification
A. A person commits false swearing by making a false sworn statement, believing it to be false. B. False swearing is a class 6
- § 13-2704 Unsworn Falsification; Classification
A. A person commits unsworn falsification by knowingly: 1. Making any statement that he believes to be false, in regard to a material issue,...
- § 13-2705 Perjury By Inconsistent Statements
When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may...
- § 13-2706 Limitation On Defenses
A. It is no defense to a prosecution under this chapter that: 1. The statement was inadmissible under the rules of evidence; or 2....
- § 13-2707 Proof Of Guilt
Proof of guilt beyond a reasonable doubt is sufficient for perjury or false swearing and it shall not be necessary that proof be made...
- § 13-2801 Definitions
In this chapter, unless the context otherwise requires: 1. " Juror" means any person who is a member of any impaneled jury or grand...
- § 13-2802 Influencing A Witness; Classification
A. A person commits influencing a witness if such person threatens a witness or offers, confers or agrees to confer any benefit upon a...
- § 13-2803 Receiving A Bribe By A Witness; Classification
A. A witness in an official proceeding or a person who believes he may be called as a witness commits receiving a bribe by...
- § 13-2804 Tampering With A Witness; Classification
A. A person commits tampering with a witness if the person knowingly communicates, directly or indirectly, with a witness in any official proceeding or...
- § 13-2805 Influencing A Juror; Classification
A. A person commits influencing a juror if such person threatens a juror or offers, confers or agrees to confer a benefit upon a...
- § 13-2806 Receiving A Bribe By A Juror; Classification
A. A juror commits receiving a bribe by a juror if such person knowingly solicits, accepts or agrees to accept any benefit upon an...
- § 13-2807 Jury Tampering; Classification
A. A person commits jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in a case, such person...
- § 13-2808 Misconduct By A Juror; Classification
A. A juror commits misconduct by a juror if, in relation to an action or proceeding pending or about to be brought before him,...
- § 13-2809 Tampering With Physical Evidence; Classification
A. A person commits tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which...
- § 13-2810 Interfering With Judicial Proceedings; Classification
A. A person commits interfering with judicial proceedings if such person knowingly: 1. Engages in disorderly, disrespectful or insolent behavior during the session of...
- § 13-2812 Unlawful Grand Jury Disclosure; Classification
A. A person commits unlawful grand jury disclosure if the person knowingly discloses to another the nature or substance of any grand jury testimony...
- § 13-2813 Unlawful Disclosure Of An Indictment, Information Or Complaint; Classification
A. A person commits unlawful disclosure of an indictment, information or complaint if the person knowingly discloses the fact that an indictment, information or...
- § 13-2814 Simulating Legal Process; Classification
A. A person commits simulating legal process if such person knowingly sends or delivers to another any document falsely purporting to be an order...
- § 13-2901 Definitions
In this chapter, unless the context otherwise requires: 1. " Marijuana" means all parts of any plant of the genus cannabis, from which the...
- § 13-2902 Unlawful Assembly; Classification
A. A person commits unlawful assembly by: 1. Assembling with two or more other persons with the intent to engage in conduct constituting a...
- § 13-2903 Riot; Classification
A. A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to...
- § 13-2904 Disorderly Conduct; Classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge...
- § 13-2905 Loitering; Classification
A. A person commits loitering if such person intentionally: 1. Is present in a public place and in an offensive manner or in a...
- § 13-2906 Obstructing A Highway Or Other Public Thoroughfare; Classification
A. A person commits obstructing a highway or other public thoroughfare if the person, alone or with other persons, does either of the following:...
- § 13-2907 False Reporting; Emergency Response Costs; Classification; Definitions
A. A person commits false reporting by initiating or circulating a report of a bombing, fire, offense or other emergency knowing that such report...
- § 13-2907.01 False Reporting To Law Enforcement Agencies; Classification
A. It is unlawful for a person to knowingly make to a law enforcement agency of either this state or a political subdivision of...
- § 13-2907.02 False Reporting Of Child Abuse Or Neglect; Classification
A person who knowingly and intentionally makes a false report of child abuse or neglect knowing the report is false or a person who...
- § 13-2907.03 False Reporting Of Sexual Assault Involving A Spouse; Classification
A person who intentionally makes a false report of sexual assault involving a spouse knowing the report is false or a person who coerces...
- § 13-2907.04 False Reporting Of Vulnerable Adult Abuse; Classification
A. It is unlawful for a person to intentionally make a false report of vulnerable adult abuse or neglect to a law enforcement agency...
- § 13-2907.05 False Reporting Of An Offense Involving Corrections Or Probation Employees; Classification
A person who intentionally makes a false report of an offense listed in section 13-1409 or 13-1419 knowing the report is false or a...
- § 13-2908 Criminal Nuisance; Classification
A. A person commits criminal nuisance: 1. If, by conduct either unlawful in itself or unreasonable under the circumstances, such person recklessly creates or...
- § 13-2909 Residential Picketing; Classification
A. A person commits residential picketing if, with intent to harass, annoy or alarm another person, such person intentionally engages in picketing or otherwise...
- § 13-2910 Cruelty To Animals; Interference With Working Or Service Animal; Classification; Definitions
A. A person commits cruelty to animals if the person does any of the following: 1. Intentionally, knowingly or recklessly subjects any animal under...
- § 13-2910.01 Animal Fighting; Classification
A. A person commits animal fighting by knowingly: 1. Owning, possessing, keeping or training any animal if the person knows or has reason to...
- § 13-2910.02 Presence At Animal Fight; Classification
Any person who is knowingly present at any place or building where preparations are being made for an exhibition of the fighting of animals,...
- § 13-2910.03 Cockfighting; Classification
(Caution: 1998 Prop. 105 applies) A. A person commits cockfighting by knowingly: 1. Owning, possessing, keeping or training any cock with the intent that...
- § 13-2910.04 Presence At Cockfight; Classification
(Caution: 1998 Prop. 105 applies) Any person who is knowingly present at any place or building where preparations are being made for an exhibition...
- § 13-2910.05 Exempt Activities
(Caution: 1998 Prop. 105 applies) Activity involving the possession, training, exhibition or use of an animal in the otherwise lawful pursuits of hunting, ranching,...
- § 13-2910.06 Defense To Cruelty To Animals And Bird Fighting
(Caution: 1998 Prop. 105 applies) It is a defense to sections 13-2910, 13-2910.01, 13-2910.02, 13-2910.03 and 13-2910.04 that the activity charged involves the possession,...
- § 13-2910.07 Cruel And Inhumane Confinement Of A Pig During Pregnancy Or Of A Calf Raised For Veal
(Caution: 1998 Prop. 105 applies) A. Notwithstanding any other provision of title 3 or title 13, a person shall not tether or confine any...
- § 13-2910.08 The Humane Treatment Of Farm Animals Fund
(Conditionally Eff. Caution: 1998 Prop. 105 applies) The " humane treatment of farm animals fund" is hereby established to be administered by the attorney...
- § 13-2910.09 Equine Tripping; Classification; Definitions
A. A person who knowingly or intentionally trips an equine for entertainment or sport is guilty of a class 1 misdemeanor. B. A person...
- § 13-2911 Interference With Or Disruption Of An Educational Institution; Violation; Classification; Definitions
A. A person commits interference with or disruption of an educational institution by doing any of the following: 1. Intentionally, knowingly or recklessly interfering...
- § 13-2912 Unlawful Introduction Of Disease Or Parasite; Classification
A. It is unlawful for a person to knowingly introduce into this state a disease or parasite of animals or poultry that constitutes a...
- § 13-2913 Unlawful Violation Of Fire Ban; Classification
A. It is unlawful for a person to enter or remain in any public building or on any public property in violation of any...
- § 13-2914 Aggressive Solicitation; Classification; Definitions
A. It is unlawful for a person to solicit any money or other thing of value or solicit the sale of goods or services:...
- § 13-2915 Preventing Use Of Telephone In Emergency; False Representation Of Emergency; Classification; Definitions
A. It is unlawful for a person to do any of the following: 1. Knowingly refuse to yield or surrender the use of a...
- § 13-2916 Use Of An Electronic Communication To Terrify, Intimidate, Threaten Or Harass; Applicability; Classification; Definition
A. It is unlawful for any person, with intent to terrify, intimidate, threaten or harass a specific person or persons, to do any of...
- § 13-2917 Public Nuisance; Abatement; Classification
A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for...
- § 13-2918 Interference With Emergency Transmission On Citizens' Band Radio Frequency; Presumption; Definition; Classification
A. It is unlawful for a person to recklessly interrupt, impede or otherwise interfere with the transmission of an emergency communication over a citizens'...
- § 13-2919 Automated Telephone Solicitation; Violation; Classification
A. A person shall not use an automated system for the selection and dialing of telephone numbers and the playing of a recorded message...
- § 13-2920 Advertisements And Required Preamble Message For Telephone Information Services; Telecommunications Corporation Compensation; Definitions; Classification
A. An information access telephone service provider shall not provide or sponsor an advertisement, publication or other communication regarding information access telephone service that...
- § 13-2921 Harassment; Classification; Definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person: 1. Anonymously...
- § 13-2921.01 Aggravated Harassment; Classification; Definition
A. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies: 1. A...
- § 13-2922 Interference With Transmissions On Public Safety Land Mobile Radio Frequencies; Classification; Definitions
A. It is unlawful for a person to recklessly interrupt, impede or otherwise directly interfere with emergency communications over a public safety land mobile...
- § 13-2923 Stalking; Classification; Definitions
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and...
- § 13-2924 Unlawful Solicitation Of Tort Victims; Classification; Definitions
A. Except as otherwise provided by law, a person commits unlawful solicitation of a tort victim if the person knowingly does any of the...
- § 13-2925 Hoax; Restitution; Joint And Several Liability; Classification; Definition
A. It is unlawful for a person to intentionally or knowingly engage in any conduct that both: 1. Is likely to impart the false...
- § 13-2926 Abandonment Or Concealment Of A Dead Body; Classification
A. It is unlawful for a person to knowingly move a dead human body or parts of a human body with the intent to...
- § 13-2927 Unlawful Feeding Of Wildlife; Classification
A. A person commits unlawful feeding of wildlife by intentionally, knowingly or recklessly feeding, attracting or otherwise enticing wildlife into an area, except for:...
- § 13-2928 Unlawful Stopping To Hire And Pick Up Passengers For Work; Unlawful Application, Solicitation Or Employment; Classification; Definitions
A. It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire...
- § 13-2929 Unlawful Transporting, Moving, Concealing, Harboring Or Shielding Of Unlawful Aliens; Vehicle Impoundment; Exception; Classification
A. It is unlawful for a person who is in violation of a criminal offense to: 1. Transport or move or attempt to transport...
- § 13-2930 Unlawful Funeral Or Burial Protest Activities; Classification; Definition
A. A person shall not picket or engage in other protest activities, and an association or corporation shall not cause picketing or other protest...
- § 13-3001 Definitions
In this chapter, unless the context otherwise requires: 1. " Aural transfer" means a communication containing the human voice at any point between and...
- § 13-3002 False Or Forged Messages; Classification
A. It is unlawful for a person: 1. Knowingly to send to any person by telegraph or telephone a false or forged message, purporting...
- § 13-3003 Opening, Reading Or Publishing Sealed Letter Of Another Without Authority; Classification
A person who knowingly opens or reads or causes to be read a sealed letter not addressed to himself, without being authorized so to...
- § 13-3004 Sending Threatening Or Anonymous Letter; Classification
A person who knowingly sends or delivers to another a letter or writing, whether subscribed or not, threatening to accuse him or another of...
- § 13-3005 Interception Of Wire, Electronic And Oral Communications; Installation Of Pen Register Or Trap And Trace Device; Classification; Exceptions
A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either: 1. Intentionally intercepts...
- § 13-3006 Divulging Communication Service Information; Classification; Exception
A person is guilty of a class 6 felony who either: 1. Intentionally and without lawful authority obtains any knowledge of the contents of...
- § 13-3008 Possession Of Interception Devices; Classification
A. It is unlawful for a person to have in his possession or control any device, contrivance, machine or apparatus designed or primarily useful...
- § 13-3009 Duty To Report To Law Enforcement Officers; Classification
It shall be the duty of every communications service provider and its officers and employees to report any violation of sections 13-3005, 13-3006 and...
- § 13-3010 Ex Parte Order For Interception; Definition
A. On application of a county attorney, the attorney general or a prosecuting attorney whom a county attorney or the attorney general designates in...
- § 13-3011 Disclosing Confidential Information Relating To Ex Parte Order; Exceptions; Classification
A. Except in any trial, hearing or other judicial proceeding, a person shall not knowingly disclose to another person any information concerning either: 1....
- § 13-3012 Exemptions
The following are exempt from the provisions of this chapter: 1. The interception of wire, electronic or oral communications, the installation and operation of...
- § 13-3013 Defenses
The following constitute a complete defense to any civil or criminal action brought under this chapter or under any other law: 1. A good...
- § 13-3014 Communication Service Provider; Right To Compensation
Any communication service provider who furnishes information, facilities or technical assistance pursuant to this chapter shall be compensated therefor by the applicant at the...
- § 13-3015 Emergency Interception
A. Notwithstanding any other provision of this chapter, if the attorney general or a county attorney or such prosecuting attorneys as they may designate...
- § 13-3016 Stored Oral, Wire And Electronic Communications; Agency Access; Backup Preservation; Delayed Notice; Records Preservation Request; Violation; Classification
A. This section applies to oral, wire and electronic communications that are entrusted to a communication service provider or remote computing service solely for...
- § 13-3017 Ex Parte Order For Pen Register Or Trap And Trace Device
A. Any prosecuting attorney or investigating peace officer of this state or its political subdivisions may apply to any justice of the supreme court,...
- § 13-3018 Communication Service Records; Subpoenas; Application; Certification; Definition
A. This section applies to all communication service providers that do business in this state or that furnish communication services to persons within this...
- § 13-3019 Surreptitious Photographing, Videotaping, Filming Or Digitally Recording Or Viewing; Exemptions; Classification; Definitions
A. It is unlawful for any person to knowingly photograph, videotape, film, digitally record or by any other means secretly view, with or without...
- § 13-3101 Definitions
A. In this chapter, unless the context otherwise requires: 1. " Deadly weapon" means anything that is designed for lethal use. The term includes...
- § 13-3102 Misconduct Involving Weapons; Defenses; Classification; Definitions
A. A person commits misconduct involving weapons by knowingly: 1. Carrying a deadly weapon except a pocket knife concealed on his person or within...
- § 13-3102.01 Storage Of Deadly Weapons; Definitions
A. If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove...
- § 13-3103 Misconduct Involving Explosives; Classification
A. A person commits misconduct involving explosives by knowingly: 1. Keeping or storing a greater quantity than fifty pounds of explosives in or upon...
- § 13-3104 Depositing Explosives; Classification
A. A person commits depositing explosives if with the intent to physically endanger, injure, intimidate or terrify any person, such person knowingly deposits any...
- § 13-3105 Forfeiture Of Weapons And Explosives
A. On the conviction of any person for a violation of any felony in this state in which a deadly weapon, dangerous instrument or...
- § 13-3106 Firearm Purchase In Other States
A person residing in this state, or a corporation or other business entity maintaining a place of business in this state, may purchase or...
- § 13-3107 Unlawful Discharge Of Firearms; Exceptions; Classification; Definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6...
- § 13-3108 Firearms Regulated By State; State Preemption; Violation; Classification; Definition
A. Except as provided in subsection G of this section, a political subdivision of this state shall not enact any ordinance, rule or tax...
- § 13-3109 Sale Or Gift Of Firearm To Minor; Classification
A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the...
- § 13-3110 Misconduct Involving Simulated Explosive Devices; Classification; Definition
A. A person commits misconduct involving simulated explosive devices by intentionally giving or sending to another person or placing in a private or public...
- § 13-3111 Minors Prohibited From Carrying Or Possessing Firearms; Exceptions; Seizure And Forfeiture; Penalties; Classification
A. Except as provided in subsection B, an unemancipated person who is under eighteen years of age and who is unaccompanied by a parent,...
- § 13-3112 Concealed Weapons; Qualification; Application; Permit To Carry; Civil Penalty; Report; Applicability
A. The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section....
- § 13-3113 Adjudicated Delinquents; Firearm Possession; Classification
A person who was previously adjudicated delinquent for an offense that would be a felony if committed by an adult and who possesses, uses...
- § 13-3114 Arizona Manufactured Firearms; Regulation; Definitions
A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that...
- § 13-3115 Forensics Firearms Identification System
The department of public safety is authorized to establish and maintain a forensics firearms identification system designed to provide investigative information on criminal street...
- § 13-3116 Misconduct Involving Body Armor; Classification; Definition
A. A person commits misconduct involving body armor by knowingly wearing or otherwise using body armor during the commission of any felony offense. B....
- § 13-3117 Remote Stun Guns; Sales Records; Use; Classification; Definitions
A. It is unlawful for a person or entity to do any of the following: 1. Sell an authorized remote stun gun without keeping...
- § 13-3118 Possession, Transfer 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...
- § 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...
- § 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...
- § 13-3121 Firearm Transfers; Chief Law Enforcement Officer Certification; Notification; Definitions
A. If a chief law enforcement officer's certification is required by federal law or regulation for the transfer of a firearm, the chief law...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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....
- § 13-3209 Pandering; 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 13-3301 Definitions
(Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. " Amusement gambling" means gambling involving a device, game or...
- § 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...
- § 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...
- § 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...
- § 13-3305 Betting And Wagering; Classification
A. Subject to the exceptions contained in section 5-112, no person may engage for a fee, property, salary or reward in the business of...
- § 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...
- § 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,...
- § 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,...
- § 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...
- § 13-3310 Forfeiture
A. In addition to any other remedies provided by law, the following property shall be forfeited pursuant to section 13-2314 or chapter 39 of...
- § 13-3311 Amusement Gambling Intellectual Contests Or Events; Registration; Filing Of Rules; Sworn Statement; Exceptions
A. Before any person conducts an amusement gambling intellectual contest or event pursuant to section 13-3301, paragraph 1, subdivision (d), item (iii), the person...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3406 Possession, Use, Administration, Acquisition, Sale, Manufacture Or Transportation Of Prescription-Only Drugs; Misbranded Drugs; Classification; Definition
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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3412 Exceptions And Exemptions; Burden Of Proof; Privileged Communications
(Caution: 1998 Prop. 105 applies) A. The provisions of sections 13-3402 and 13-3403, section 13-3404.01, subsection A, paragraph 1 and sections 13-3405 through 13-3409...
- § 13-3412.01 Prescribing Controlled Substances Included In Schedule I For Seriously Ill And Terminally Ill Patients
(Caution: 1998 Prop. 105 applies) A. Notwithstanding any law to the contrary, any medical doctor licensed to practice in this state may prescribe a...
- § 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...
- § 13-3414 Notice Of Conviction To Be Sent To Licensing Board And The Department Of Economic Security; 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...
- § 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,...
- § 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...
- § 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...
- § 13-3418 Ineligibility To Receive Public Benefits; Restoration; Definition
A. On conviction of any offense in this chapter, the court may render the person who is convicted ineligible to receive any public benefits....
- § 13-3419 Multiple Drug Offenses Not Committed On The Same Occasion; Sentencing
A. Except for a person convicted of possession offenses pursuant to section 13-3405, subsection A, paragraph 1, section 13-3407, subsection A, paragraph 1 or...
- § 13-3420 Unlawful Substances; Threshold Amounts
(Caution: 1998 Prop. 105 applies) For purposes of determining if the threshold amount is equaled or exceeded in any single offense or combination of...
- § 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...
- § 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 section 13-3401. B. Cases...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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.
- § 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...
- § 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,...
- § 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,...
- § 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...
- § 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,...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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 or title 9, chapter...
- § 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...
- § 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...
- § 13-3551 Definitions
In this chapter, unless the context otherwise requires: 1. " Advertising" or " advertisement" means any message in any medium that offers or solicits...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3557 Equipment; Forfeiture
On the conviction of a person for a violation of section 13-3552, 13-3553, 13-3554 or 13-3560, the court shall order that any photographic equipment,...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3562 Notice To Communication Service Provider Of Website Hosting Alleged Sexual Exploitation Of Children
A. If a law enforcement agency receives information that a communication service provider is hosting a website that contains an alleged violation of this...
- § 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 section 13-705 or an offense prescribed in...
- § 13-3601.01; Version 2 Domestic Violence; Treatment; Definition
(L15, Ch. 73, sec. 2 & Ch. 194, sec. 1. Eff. 1/1/16) A. The judge shall order a person who is convicted of a...
- § 13-3601.01 Domestic Violence; Treatment; Definition
(L15, Ch. 73, sec. 2. Eff. until 1/1/16) A. The judge shall order a person who is convicted of a misdemeanor domestic violence offense...
- § 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...
- § 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...
- § 13-3603 Definition; 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3612 Definitions; Contributing To Dependency Or Delinquency
For the purposes of sections 13-3613 through 13-3618, unless the context otherwise requires: 1. " Delinquency" means any act that tends to debase or...
- § 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 section 13-3612,...
- § 13-3614 Proof Of Guilt
In order to find a person guilty of violating the provisions of section 13-3613, it is not necessary to prove that the child has...
- § 13-3615 Suspension Of Sentence Upon Posting Bond; Custody Of Child; Revocation Of Suspension
A. The sentence which may be imposed by section 13-3613, or its execution, may be suspended by the court upon condition that defendant give...
- § 13-3616 Conditions Of Bond; Forfeiture; Disposition Of Proceeds Recovered
A. A condition of the bond provided in section 13-3615, shall be that it shall not be necessary to bring a separate action to...
- § 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...
- § 13-3618 Construction And Effect Of Chapter
A. The provisions of sections 13-3612 through 13-3618 shall be liberally construed in favor of the state for the protection of the child from...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3622 Furnishing Of Tobacco Product, Vapor Product Or Tobacco Or Shisha Instruments Or Paraphernalia To Minor; Minor Accepting Or Receiving Tobacco Product, Vapor Product Or Tobacco Or Shisha Instruments Or Paraphernalia; Illegally Obtaining Tobacco Product, Vapor 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, a vapor product or any instrument or paraphernalia that is solely designed...
- § 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...
- § 13-3623.01 Safe Haven For Newborn Infants; Definitions
A. A person is not guilty of abuse of a child pursuant to section 13-3623, subsection B solely for leaving an unharmed newborn infant...
- § 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...
- § 13-3625 Unlawful Sale Or Purchase Of Children; Classification
A. Except for adoptions pursuant to title 8, chapter 1 and guardianships pursuant to title 14, chapter 5, a person shall not sell or...
- § 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...
- § 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:...
- § 13-3702.01 Excavating Certain Sites; Collecting Certain Specimens; Classification
A. A person who knowingly excavates in violation of section 41-841, subsection A without obtaining a permit as required under section 41-842 is guilty...
- § 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....
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3711 Unlawful Commercial Use Of Cigarette Machines; Civil Penalties; Forfeiture; Classification
A. It is unlawful to possess, use or make available for use for commercial purposes a tobacco product rolling vending machine. A tobacco product...
- § 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...
- § 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 in connection with identifying...
- § 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,...
- § 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...
- § 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 section 13-705 or child...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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 section 13-705 or who...
- § 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...
Chapter 38 MISCELLANEOUS
Article 1 Prevention of Offenses
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
Article 2 Security to Keep the Peace
- § 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.
- § 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...
- § 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...
- § 13-3814 Effect Of Filing Bond; Failure To File
A. If the bond required by section 13-3813 is given, the party complained of shall be discharged. If such person does not give the...
- § 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...
- § 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...
Article 3 Registration of Sex Offenders and Offender Monitoring
Article 4 Close Pursuit
Article 5 Uniform Criminal Extradition Act
- § 13-3841 Definitions
In this article, unless the context otherwise requires: 1. " Charged with crime" , " criminal charge" or " criminal offense" includes any of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3850 Duty Of Arresting Officer; Application For Writ Of Habeas Corpus; Notice
A. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 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...
- § 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 section 13-3853 or...
- § 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...
- § 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...
- § 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.
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3868 Short Title
This article may be cited as the uniform criminal extradition act.
- § 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...
- § 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...
- § 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...
- § 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,...
Article 6 Authority of Peace Officers Outside Geographical Area of Agency
Article 7 Arrest
- § 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...
- § 13-3882 Time Of Making Arrest
An arrest may be made on any day and at any time of the day or night.
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3890 Fingerprinting At Time Of Arrest; Order For Fingerprints; Retention
A. A person who is arrested for an offense listed in section 41-1750, subsection C shall be fingerprinted in legible form by the arresting...
- § 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...
- § 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 section 13-3884, may break...
- § 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 section 13-3891 or 13-3892, he may break open...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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...
- § 13-3899 Complaint Need Not Be Verified
A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of section 13-3898, or filed with the magistrate under the provisions of...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-3907 Arrest With Warrant; Detention Officer; Definition
A. A detention officer who is acting in the officer's official capacity at a jail facility at which the detention officer is employed and...
Article 8 Search Warrant
- § 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...
- § 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....
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Article 9 Search of the Accused
Article 10 Disposition of Seized Property in Custody of Magistrate or Peace Officer
Article 11 Preliminary Hearings
Article 12 Bail
Article 13 Trials
Article 14 Procedures on Issue of Insanity of Defendant
Article 16 Costs, Fees, and Disposition of Fines and Forfeitures
Article 17 Insanity or Pregnancy of Person Under Death Sentence
Article 18 Appeals
- § 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...
- § 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...
- § 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....
- § 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...
- § 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...
- § 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...
- § 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...
- § 13-4039 Failure Of Appellant To Prosecute Appeal; Effect
If the appellant fails to prosecute the appeal, the appellate court shall dismiss the appeal.
- § 13-4040 Divestiture Of Jurisdiction Of Supreme Court After Remission Of Minute Entry And Decision; Exception
After a certified copy of the minute entry and a copy of the decision of the supreme court in a criminal appeal has been...
- § 13-4041 Fee Of Counsel Assigned In Criminal Proceeding Or Insanity Hearing On Appeal Or In Postconviction Relief Proceedings; Reimbursement
A. Except pursuant to subsection G of this section, if counsel is appointed by the court to represent the defendant in either a criminal...
- § 13-4042 Appellate Proceedings; Request For Extension; Victim Notification
A. In any appellate proceeding in a capital case in which an extension of the time to file a brief is requested, the victim,...
Article 19 Entry of Clearance on Records
Article 20 Competency and Privileges
- § 13-4061 Competency Of Witness
In any criminal trial every person is competent to be a witness.
- § 13-4062 Anti-Marital Fact Privilege; Other Privileged Communications
A person shall not be examined as a witness in the following cases: 1. A husband for or against his wife without her consent,...
- § 13-4063 Competency Of Female Concerned In Certain Offenses; Effect Of Marriage To Accused
In a prosecution for rape, abduction, seduction, pandering, receiving earnings of a prostitute, transporting a female for immoral purposes, forcing a woman to marry,...
- § 13-4064 Order Compelling Person To Testify Or Produce Evidence; Immunity From Use Of Such Evidence; Contempt
In any criminal proceeding before a court or grand jury, if a person refuses to answer a question or produce evidence of any other...
- § 13-4065 Prohibition On Psychological Or Psychiatric Examination To Determine Credibility
Except on agreement of the parties or as provided in section 13-3993, the court shall not order an adult or child victim or witness...
- § 13-4066 Privileged Communication; Sex Offender Treatment; Exception
A. Any statement that is made by a person who undergoes sex offender treatment that is ordered by the court or that is provided...
Article 21 Attendance of Witnesses
Article 22 Material Witnesses
Article 23 Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings
Article 24 Deposition of Witness Within the State
Article 25 Deposition of Witness Without the State
Article 26 Habeas Corpus
- § 13-4121 Prosecution Of Writ
A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas...
- § 13-4122 Application For Writ
Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some...
- § 13-4123 Granting Of Writ; Remand Of Prisoner
A. The writ of habeas corpus may be granted: 1. By the supreme court or any judge thereof. When so issued it may be...
- § 13-4124 Granting Writ; Time; Bail
A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that...
- § 13-4125 Direction Of Writ
The writ shall be directed to the person having custody of or restraining the person on whose behalf the petition is made, and shall...
- § 13-4126 Delivery And Service Of Writ
A. If the writ is directed to the sheriff or other officer of the court out of which the writ is issued, it shall...
- § 13-4127 Compelling Obedience To Writ
If the officer or person to whom the writ is directed refuses, after service thereof, to obey it, the court or judge shall, upon...
- § 13-4128 Return To Writ
A. The person upon whom the writ is served shall state in his return, plainly and unequivocally whether or not he has the party...
- § 13-4129 Production Of Prisoner; Exception
A. The person upon whom the writ is served shall bring the body of the party in his custody or under his restraint before...
- § 13-4130 Hearing On Return
A. The court or judge to whom the writ is returned shall, immediately after the return thereof, hear and examine the return, and such...
- § 13-4131 Discharge Of Prisoner
A. If no legal cause is shown for the imprisonment or restraint, or for continuation thereof, the party shall be discharged from custody or...
- § 13-4132 Discharge Of Prisoner Held On Process
If it appears, on the return of the writ, that the prisoner is in custody by virtue of process from any court of this...
- § 13-4133 Effect Of Defect In Form
If a person is committed or is in the custody of any officer on any charge by virtue of a warrant or commitment of...
- § 13-4134 Defective Process Or Commitment; Re‑examination
If it appears to the court or judge that the party is guilty of a criminal offense, or should not be discharged, the court...
- § 13-4135 Writ To Admit To Bail
When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a...
- § 13-4136 Remand Of Prisoner
A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail,...
- § 13-4137 Custody Pending Judgment
Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county...
- § 13-4138 Disobedience Of Writ For Defect Of Form
No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains...
- § 13-4139 Finality Of Discharge; Exceptions
A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept...
- § 13-4140 Warrant For Immediate Production Of Person Restrained Or Restraining; Grounds
A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ...
- § 13-4141 Execution Of Warrant; Return And Hearing
A. The officer to whom the warrant authorized by section 13-4140 is delivered shall execute the warrant by bringing the person therein named before...
- § 13-4142 Issuance, Service And Return Of Writ Or Process; Time; Manner; Duty Of Clerk
A. Any writ or process authorized by this article may be issued and served on any day or at any time. B. The writs,...
- § 13-4143 Charging Fee In Habeas Corpus Prohibited
No fee or compensation of any kind shall be charged or received by any officer for duties performed or services rendered in habeas corpus
- § 13-4144 Form Of Writ
The writ of habeas corpus shall be substantially in the following form: " The state of Arizona - - To the sheriff of the...
- § 13-4145 Disobedience Of Command Of Writ; Classification
An officer or person to whom a writ of habeas corpus is directed, who, after service thereof, neglects or refuses to obey the command...
- § 13-4147 Avoidance Of Command Of Writ; Classification
A person having in his custody, or under his restraint or power, any person for whom a writ of habeas corpus has been issued,...
Article 27 Crime Victim Accounts
Article 28 Retention and Preservation of Biological Evidence
Article 29 Post-Conviction Relief
- § 13-4231 Scope Of Post‑conviction Relief
Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of...
- § 13-4232 Preclusion Of Post-Conviction Relief; Exceptions; Proof
A. A defendant is precluded from relief under this article based on any ground: 1. Still raisable on direct appeal or on a post-trial...
- § 13-4233 Nature Of Proceeding And Relation To Other Remedies
A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all...
- § 13-4234 Commencement Of Proceedings; Notice; Appointment Of Counsel For Capital Defendants; Assignment Of Judge; Stay
A. A proceeding is commenced by timely filing a notice of postconviction relief with the clerk of the court in which the conviction occurred....
- § 13-4234.01 Post-Conviction Relief Proceedings; Request For Extension; Victim Notification
A. In any post-conviction relief proceeding in a capital case in which an extension of the time to file a brief is requested, the...
- § 13-4235 Contents Of Petition
The defendant shall include every ground known to the defendant for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed and shall...
- § 13-4236 Additional Pleadings; Summary Disposition; Amendments
A. Forty-five days after the filing of the petition, the state shall file with the court a response. Affidavits, the record and other evidence...
- § 13-4237 Informal Conference
The court at any time may hold an informal conference to expedite the proceeding, at which the defendant need not be present if he...
- § 13-4238 Evidentiary Hearing
A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses....
- § 13-4239 Review
A. Any party aggrieved by a final decision of the trial court in these proceedings may, within fifteen days after the ruling of the...
- § 13-4240 Postconviction Deoxyribonucleic Acid Testing
A. At any time, a person who was convicted of and sentenced for a felony offense and who meets the requirements of this section...
Article 30 Child Witnesses
Article 31 Complaints
Article 32 Cold Cases
Article 33 Authority to Seize Animals
- § 13-4281 Animal Seizure; Notification; Forfeiture; Bond; Hearing; Exceptions
A. A peace officer, county enforcement agent or animal control officer who lawfully seizes an animal pursuant to section 13-2910 shall affix a notice...
- § 13-4301 Definitions
In this chapter, unless the context otherwise requires: 1. " Attorney for the state" means an attorney designated by the attorney general, by a...
- § 13-4302 Jurisdiction
The state may commence a proceeding in the superior court if the property for which forfeiture is sought is within this state at the...
- § 13-4303 Venue
A. A civil action brought pursuant to this chapter may be brought in the county in which the property is seized or in any...
- § 13-4304 Property Subject To Forfeiture; Exemptions
(Caution: 1998 Prop. 105 applies) All property, including all interests in such property, described in a statute providing for its forfeiture is subject to...
- § 13-4305 Seizure Of Property
A. Property subject to forfeiture under this chapter may be seized for forfeiture by a peace officer: 1. On process issued pursuant to the...
- § 13-4306 Powers And Duties Of Peace Officers And Agencies
A. In the event of a seizure for forfeiture under section 13-4305, the property is not subject to replevin, conveyance, sequestration or attachment but...
- § 13-4307 Notice Of Pending Forfeiture
Whenever notice of pending forfeiture is required under this chapter it shall be given or provided in one of the following ways and is...
- § 13-4308 Commencement Of Proceedings
A. The attorney for the state shall determine whether it is probable that the property is subject to forfeiture and, if so, may cause...
- § 13-4309 Uncontested Forfeiture
If a forfeiture is authorized by law, the attorney for the state may make uncontested civil forfeiture available to owners of and interest holders...
- § 13-4310 Judicial Forfeiture Proceedings; General
A. In any proceeding pursuant to this chapter, the court, on application of the state, may enter any restraining order or injunction, require the...
- § 13-4311 Judicial In Rem Forfeiture Proceedings
A. If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the state...
- § 13-4312 Judicial In Personam Forfeiture Proceedings
A. If a forfeiture is authorized by law, it shall be ordered by a court on proceedings by the state in an in personam...
- § 13-4313 Supplemental Remedies
A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to...
- § 13-4314 Disposition By Court
(Caution: 1998 Prop. 105 applies) A. If no petitions for remission or mitigation or claims are timely filed or if no petitioner files a...
- § 13-4315 Allocation Of Forfeited Property
A. Any property, including all interests in property, forfeited to the state under this title shall be transferred as requested by the attorney for...
- § 13-4401 Definitions
In this chapter, unless the context otherwise requires: 1. " Accused" means a person who has been arrested for committing a criminal offense and...
- § 13-4401.01 Victims' Rights For Neighborhood Associations
A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that...
- § 13-4402 Implementation Of Rights And Duties
A. Except as provided in sections 13-4404 and 13-4405, the rights and duties that are established by this chapter arise on the arrest or...
- § 13-4402.01 Victims' Rights; Dismissed Counts
A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been...
- § 13-4403 Inability To Exercise Rights; Lawful Representatives; Notice; Definition
A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not...
- § 13-4404 Limited Rights Of A Legal Entity
A corporation, partnership, association or other legal entity which, except for its status as an artificial entity, would be included in the definition of...
- § 13-4405 Information Provided To Victim By Law Enforcement Agencies
A. As soon after the detection of a criminal offense as the victim may be contacted without interfering with an investigation or arrest, the...
- § 13-4405.01 Issuance And Execution Of Arrest Warrants
A. Beginning on the effective date of this section, on the issuance of an arrest warrant, the court issuing the warrant shall state in...
- § 13-4406 Notice Of Initial Appearance
On becoming aware of the date, time and place of the initial appearance of the accused, the law enforcement agency shall inform the victim...
- § 13-4407 Notice Of Terms And Conditions Of Release
Upon the request of the victim, the custodial agency shall provide a copy of the terms and conditions of release to the victim unless...
- § 13-4408 Pretrial Notice
A. Within seven days after the prosecutor charges a criminal offense by complaint, information or indictment and the accused is in custody or has...
- § 13-4409 Notice Of Criminal Proceedings
A. Except as provided in subsection B, the court shall provide notice of criminal proceedings, for criminal offenses filed by information, complaint or indictment,...
- § 13-4410 Notice Of Conviction, Acquittal Or Dismissal; Impact Statement
A. The prosecutor's office shall, on request, give to the victim within fifteen days after the conviction or acquittal or dismissal of the charges...
- § 13-4411 Notice Of Post‑conviction Review And Appellate Proceedings
A. Within fifteen days after sentencing the prosecutor's office shall, on request, notify the victim of the sentence imposed on the defendant. B. The...
- § 13-4411.01 Notice Of Right To Request Not To Receive Inmate Mail
A. Within fifteen days after a defendant is sentenced to the state department of corrections, the prosecutor's office shall notify the victim of the...
- § 13-4412 Notice Of Release Or Escape
A. The sheriff or municipal jailer, on request, shall notify the victim and the prosecutor's office of the release of the accused. B. The...
- § 13-4413 Notice Of Prisoner's Status
A. If the victim has made a request for post-conviction notice, the director of the state department of corrections shall mail to the victim...
- § 13-4414 Notice Of Postconviction Release; Right To Be Heard; Hearing; Final Decision; Free Electronic Recording
A. The victim has the right to be present and be heard at any proceeding in which postconviction release from confinement is being considered...
- § 13-4415 Notice Of Probation Modification, Termination Or Revocation Disposition Matters; Notice Of Arrest
A. On request of a victim who has provided an address or other contact information, the court shall notify the victim of any of...
- § 13-4416 Notice Of Release, Discharge Or Escape From A Mental Health Treatment Agency
A. If the victim has made a request for notice, a mental health treatment agency shall mail to the victim at least ten days...
- § 13-4417 Request For Notice; Forms; Notice System
A. The victim shall provide to and maintain with the agency that is responsible for providing notice to the victim a request for notice...
- § 13-4418 Construction Of Chapter
This chapter shall be liberally construed to preserve and protect the rights to which victims are entitled.
- § 13-4419 Victim Conference With Prosecuting Attorney
A. On request of the victim, the prosecuting attorney shall confer with the victim about the disposition of a criminal offense, including the victim's...
- § 13-4420 Criminal Proceedings; Right To Be Present
The victim has the right to be present throughout all criminal proceedings in which the defendant has the right to be present.
- § 13-4421 Initial Appearance
The victim has the right to be heard at the initial appearance of the person suspected of committing the criminal offense against the victim.
- § 13-4422 Post‑arrest Custody Decisions
The victim has the right to be heard at any proceeding in which the court considers the post-arrest release of the person accused of...
- § 13-4423 Plea Negotiation Proceedings
A. On request of the victim, the victim has the right to be present and be heard at any proceeding in which a negotiated...
- § 13-4424 Impact Statement; Presentence Report
A. The victim may submit a written impact statement or make an oral impact statement to the probation officer for the officer's use in...
- § 13-4425 Inspection Of Presentence Report
If the presentence report is available to the defendant, the court shall permit the victim to inspect the presentence report, except those parts excised...
- § 13-4426 Sentencing
A. The victim may present evidence, information and opinions that concern the criminal offense, the defendant, the sentence or the need for restitution at...
- § 13-4426.01 Sentencing; Victims' Right To Be Heard
In any proceeding in which the victim has the right to be heard pursuant to article II, section 2.1, Constitution of Arizona, or this...
- § 13-4427 Probation Modification, Revocation Disposition Or Termination Proceedings
A. The victim has the right to be present and be heard at any probation revocation disposition proceeding or any proceeding in which the...
- § 13-4428 Victim's Discretion; Form Of Statement
A. It is at the victim's discretion to exercise his rights under this chapter to be present and heard at a court proceeding, and...
- § 13-4429 Return Of Victim's Property; Release Of Evidence
A. On request of the victim and after consultation with the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall...
- § 13-4430 Consultation Between Crime Victim Advocate And Victim; Privileged Information; Exception
A. A crime victim advocate shall not disclose as a witness or otherwise any communication made by or with the victim, including any communication...
- § 13-4431 Minimizing Victim's Contacts
Before, during and immediately after any court proceeding, the court shall provide appropriate safeguards to minimize the contact that occurs between the victim, the...
- § 13-4432 Motion To Revoke Bond Or Personal Recognizance
If the prosecutor decides not to move to revoke the bond or personal recognizance of the defendant, the prosecutor shall inform the victim that...
- § 13-4433 Victim's Right To Refuse An Interview; Applicability
A. Unless the victim consents, the victim shall not be compelled to submit to an interview on any matter, including any charged criminal offense...
- § 13-4434 Victim's Right To Privacy; Exception; Definitions
A. The victim has the right at any court proceeding not to testify regarding any identifying or locating information unless the victim consents or...
- § 13-4435 Speedy Trial; Continuance; Notice
A. In any criminal proceeding, the court, prosecutor and law enforcement officials shall take appropriate action to ensure a speedy trial for the victim....
- § 13-4436 Effect Of Failure To Comply
A. The failure to comply with a victim's constitutional or statutory right is a ground for the victim to request a reexamination proceeding within...
- § 13-4437 Standing To Invoke Rights; Recovery Of Damages; Right To Counsel
A. The victim has standing to seek an order, to bring a special action or to file a notice of appearance in an appellate...
- § 13-4438 Statement Of Rights
In order to assure that any victim who comes before the court has been advised of the victim's constitutional rights, the following statement shall...
- § 13-4439 Right To Leave Work; Scheduled Proceedings; Counseling; Employment Rights; Nondiscrimination; Confidentiality; Definition
A. An employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current...
- § 13-4440 Notice Of Petition Of Factual Innocence; Right To Be Heard; Hearing
A. The victim has the right to be present and be heard at any proceeding in which a person's factual innocence is being considered...
- § 13-4441 Right To Be Heard On A Petition To Restore The Right To Possess A Firearm; Notice
A. A victim has the right to be present and be heard at any proceeding in which the defendant has filed a petition pursuant...
- § 13-4501 Definitions
In this chapter, unless the context otherwise requires: 1. " Clinical liaison" means a mental health expert or any other individual who has experience...
- § 13-4502 Effect Of Incompetency
A. A person shall not be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to...
- § 13-4503 Request For Competency Examination
A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own...
- § 13-4504 Dismissal Of Misdemeanor Charges; Notice
A. Notwithstanding any law to the contrary, if the court finds that a person has been previously adjudicated incompetent to stand trial pursuant to...
- § 13-4505 Appointment Of Experts; Costs
A. If the court determines pursuant to section 13-4503 that reasonable grounds exist for a competency examination, the court shall appoint two or more...
- § 13-4506 Examination For Purposes Of Insanity Defense
A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists...
- § 13-4507 Examination Of Competency To Stand Trial
A. The court shall set and may change the conditions under which the examination is conducted. B. The defense attorney shall be available to...
- § 13-4508 Privilege Against Self-Incrimination; Sealed Reports
A. The privilege against self-incrimination applies to any examination that is ordered by the court pursuant to this chapter. B. Any evidence or statement...
- § 13-4509 Expert's Report
A. An expert who is appointed pursuant to section 13-4505 shall submit a written report of the examination to the court within ten working...
- § 13-4510 Competency Hearing And Orders
A. Within thirty days after the report is submitted, the court shall hold a hearing to determine a defendant's competency to stand trial. The...
- § 13-4511 Competency To Refuse Treatment; Length Of Sentence
If the court finds that a defendant is incompetent to stand trial, the court shall determine: 1. If the defendant is incompetent to refuse...
- § 13-4512 Treatment Order; Commitment
A. The court may order a defendant to undergo out of custody competency restoration treatment. If the court determines that confinement is necessary for...
- § 13-4513 Appointment Of Clinical Liaison
A. If the court enters a treatment order pursuant to this chapter, the court shall appoint a clinical liaison to coordinate the continuity of...
- § 13-4514 Progress Reports; Rehearings
A. The person who supervises the treatment of a defendant who has been ordered to undergo treatment pursuant to section 13-4512 shall submit a...
- § 13-4515 Duration Of Order; Excluded Time Calculation; Notice Of Dismissed Charge Or Voided Order; Petitions
A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than...
- § 13-4516 Notice To Central State Repository; Records
A. The court shall notify the central state repository established by section 41-1750 of any commitment that is ordered or any release that is...
- § 13-4517 Incompetent Defendants; Disposition
If the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain...
- § 13-4701 Definitions
In this chapter, unless the context otherwise requires: 1. " Chop shop" means any building, lot or other premises in which one or more...
- § 13-4702 Conducting A Chop Shop; Exception; Violation; Classification
A. A person shall not knowingly: 1. Own or operate a chop shop. 2. Transport a motor vehicle or motor vehicle part to or...
- § 13-4703 Forfeiture And Disposition Of Motor Vehicle, Motor Vehicle Part, Property And Evidence
A. The following items used or intended for use in violation of section 13-4702 are subject to seizure and forfeiture pursuant to chapter 39...
- § 13-4801 Definitions
In this chapter, unless the context otherwise requires: 1. " Acquire" means to electronically capture, record, reveal or otherwise access by means of any...
- § 13-4802 Possession Or Sale Of Cloned Cellular Or Wireless Telephones; Exception; Violation; Classification
A. It is unlawful for a person to knowingly do any of the following: 1. Possess a cloned cellular or wireless telephone. 2. Possess...
- § 13-4901 Definitions
In this chapter, unless the context otherwise requires: 1. " Armed nuclear security guard" means a security guard who works at a commercial nuclear...
- § 13-4902 Criminal Trespass On Commercial Nuclear Generating Station; Classification
A. A person commits criminal trespass on a commercial nuclear generating station by knowingly either: 1. Entering or remaining unlawfully in or on a...
- § 13-4903 Use Of Force; Armed Nuclear Security Guards
A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or...
- § 13-4904 Detention Authority; Armed Nuclear Security Guards
A. An armed nuclear security guard, with reasonable belief, may detain in or on a commercial nuclear generating station or a structure or fenced...
- § 13-5001 Definitions
In this chapter, unless the context otherwise requires: 1. " Enter" means the intrusion of any part of any instrument or any part of...
- § 13-5002 Criminal Trespass On Military Reservations And Facilities; Classification
A. A person commits criminal trespass on a military reservation or facility by knowingly entering or remaining unlawfully within a structure or fenced yard...
Last modified: October 13, 2016