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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : ASSAULT AND RELATED OFFENSES
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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 substantial risk of imminent death is a class 6
felony. In all other cases, it is a class 1 misdemeanor.
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 person or serious damage to the property of
another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience
including, but not limited to, evacuation of a building, place of assembly or
transportation facility; or
3. To cause physical injury to another person or damage to the property of another
in order to promote, further or assist in the interests of or to cause, induce or solicit
another person to participate in a criminal street gang, a criminal syndicate or a
racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a
class 1 misdemeanor, except that it is a class 6 felony if the offense is committed in
retaliation for a victim's either reporting criminal activity or being involved in an
organization, other than a law enforcement agency, that is established for the purpose of
reporting or preventing criminal activity. Threatening or intimidating pursuant to
subsection A, paragraph 3 is a class 4 felony. 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 in reasonable apprehension of imminent
physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke
such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph
1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A,
paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2
misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3
misdemeanor.
13-1204 Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as defined in
section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault after entering the private home of another
with the intent to commit the assault.
4. If the person is eighteen years of age or older and commits the assault upon a
child the age of fifteen years or under.
5. If the person commits the assault knowing or having reason to know that the
victim is a peace officer, or a person summoned and directed by the officer while engaged
in the execution of any official duties.
6. If the person knowingly takes or attempts to exercise control over a peace
officer's or other officer's firearm and the person knows or has reason to know that the
victim is a peace officer or other officer employed by one of the agencies listed in
paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and
is engaged in the execution of any official duties.
7. If the person knowingly takes or attempts to exercise control over any weapon
other than a firearm that is being used by a peace officer or other officer or that the
officer is attempting to use, and the person knows or has reason to know that the victim
is a peace officer or other officer employed by one of the agencies listed in paragraph
10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged
in the execution of any official duties.
8. If the person knowingly takes or attempts to exercise control over any implement
that is being used by a peace officer or other officer or that the officer is attempting
to use, and the person knows or has reason to know that the victim is a peace officer or
other officer employed by one of the agencies listed in paragraph 10, subdivision (a),
item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of
any official duties. For the purposes of this paragraph, "implement" means an object that
is designed for or that is capable of restraining or injuring an individual. Implement
does not include handcuffs.
9. If the person commits the assault knowing or having reason to know the victim is
a teacher or other person employed by any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent to the school or is in any part of a
building or vehicle used for school purposes, any teacher or school nurse visiting a
private home in the course of the teacher's or nurse's professional duties or any teacher
engaged in any authorized and organized classroom activity held on other than school
grounds.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or
county.
(v) Any other entity that is contracting with the state department of corrections,
the department of juvenile corrections, a law enforcement agency, another state, any
private correctional facility, a county, a city or the federal bureau of prisons or other
federal agency that has responsibility for sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting
in an official capacity as an employee of any of the entities prescribed by subdivision
(a) of this paragraph.
11. If the person commits the assault while the victim is bound or otherwise
physically restrained or while the victim's capacity to resist is substantially impaired.
12. If the person commits the assault knowing or having reason to know that the
victim is a fire fighter, fire investigator, fire inspector, emergency medical technician
or paramedic engaged in the execution of any official duties, or a person summoned and
directed by such individual while engaged in the execution of any official duties.
13. If the person commits the assault knowing or having reason to know that the
victim is a licensed health care practitioner who is certified or licensed pursuant to
title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed
health care practitioner while engaged in the person's professional duties. The
provisions of this paragraph do not apply if the person who commits the assault is
seriously mentally ill, as defined in section 36-550, or is afflicted with Alzheimer's
disease or related dementia.
14. If the person commits assault by any means of force which causes temporary but
substantial disfigurement, temporary but substantial loss or impairment of any body organ
or part or a fracture of any body part.
15. If the person commits assault as prescribed by section 13-1203, subsection A,
paragraph 1 or 3 and the person is in violation of an order of protection issued against
the person pursuant to section 13-3602 or 13-3624.
16. If the person commits the assault knowing or having reason to know that the
victim is a prosecutor.
B. Except pursuant to subsections C and D of this section, aggravated assault
pursuant to subsection A, paragraph 1, 2 or 6 of this section is a class 3 felony except
if the victim is under fifteen years of age in which case it is a class 2 felony
punishable pursuant to section 13-604.01. Aggravated assault pursuant to subsection A,
paragraph 14 of this section is a class 4 felony. Aggravated assault pursuant to
subsection A, paragraph 7 or 10 of this section is a class 5 felony. Aggravated assault
pursuant to subsection A, paragraph 3, 4, 5, 8, 9, 11, 12, 13, 15 or 16 of this section
is a class 6 felony.
C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section
committed on a peace officer while the officer is engaged in the execution of any
official duties is a class 2 felony. Aggravated assault pursuant to subsection A,
paragraph 14 of this section committed on a peace officer while the officer is engaged in
the execution of any official duties is a class 3 felony. Aggravated assault pursuant to
subsection A, paragraph 5 of this section resulting in any physical injury to a peace
officer while the officer is engaged in the execution of any official duties is a class 5
felony.
D. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed
on a prosecutor.
2. Subsection A, paragraph 14 of this section is a class 3 felony if committed on a
prosecutor.
3. Subsection A, paragraph 16 of this section is a class 5 felony if the assault
results in a physical injury to a prosecutor.
E. For the purposes of this section, "prosecutor" means a county attorney, a
municipal prosecutor or the attorney general and includes an assistant or deputy county
attorney, municipal prosecutor or attorney general. 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 treatment,
such person knowingly introduces or causes to be introduced into the body of another
person, without such other person's consent, intoxicating liquors, a narcotic drug or
dangerous drug.
B. Unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug
is a class 6 felony.
C. If the victim is a minor, then the offense shall be a class 5 felony.
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 or city jail,
who commits an assault involving the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument or who intentionally or knowingly inflicts serious
physical injury upon another person is guilty of a class 2 felony. If the person is an
adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the
rules of procedure for the juvenile court, the person shall not be eligible for
suspension of sentence, probation, pardon or release from confinement on any basis until
the sentence imposed by the court has been served or commuted. A sentence imposed
pursuant to this section shall be consecutive to any other sentence presently being
served by the convicted person.
13-1207 Prisoners who commit assault with intent to incite to riot or participate in riot; classification
A person, while in the custody of the state department of corrections or a county or
city jail, who commits assault upon another person with the intent to incite to riot or
who participates in a riot is guilty of a class 2 felony and shall not be eligible for
suspension of sentence, probation, pardon or release from confinement on any basis until
the sentence imposed by the court has been served or commuted. A sentence imposed
pursuant to this section shall be consecutive to any other sentence presently being
served by the convicted person.
13-1208 Assault; vicious animals; classification; exception
A. A person who owns a dog which the owner knows or has reason to know has a
propensity to attack, to cause injury or otherwise endanger the safety of human beings
without provocation or which has been found to be a vicious animal by a court of
competent authority, which bites, inflicts physical injury on or attacks a human being
while at large is guilty of a class 6 felony.
B. A person who owns a dog which the owner knows or has reason to know that the dog
has a propensity to attack, to cause injury or otherwise endanger the safety of human
beings without provocation or which has been found to be a vicious animal and who keeps
the dog or vicious animal in an enclosed area or yard outside of a residence or structure
on the property shall post a notice indicating the presence of the dog or vicious animal.
C. The provisions of this section shall not apply to dogs owned or used by a law
enforcement agency and which are used in the performance of police work.
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 an occupied structure.
B. Motor vehicles that are used in violation of this section are subject to seizure
for forfeiture in the manner provided for in chapter 39 of this title.
C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the
judge of any driver license of the convicted person and, on surrender of the license,
shall invalidate or destroy the license and forward the abstract of conviction to the
department of transportation with an order of the court revoking the driving privilege of
the person for a period of at least one year but not more than five years. On receipt of
the abstract of conviction and order, the department of transportation shall revoke the
driving privilege of the person for the period of time ordered by the judge.
D. Drive by shooting is a class 2 felony.
E. As used in this section:
1. "Motor vehicle" has the same meaning prescribed in section 28-101.
2. "Occupied structure" has the same meaning prescribed in section 13-3101.
13-1210 Assaults on officers or fire fighters; disease testing; petition; hearing; notice; definition
A. A law enforcement officer, probation officer, surveillance officer, correctional
service officer, detention officer, private prison security officer, fire fighter,
emergency medical technician or the employing agency, officer or entity may petition the
court for an order authorizing testing of another person for the human immunodeficiency
virus, common blood borne diseases or other diseases specified in the petition if there
are reasonable grounds to believe an exposure occurred and either of the following
applies:
1. The person is charged in any criminal complaint and the complaint alleges that
the person interfered with the official duties of the law enforcement officer, probation
officer, surveillance officer, correctional service officer, detention officer, private
prison security officer, fire fighter or emergency medical technician by biting,
scratching, spitting or transferring blood or other bodily fluids on or through the skin
or membranes of the law enforcement officer, probation officer, surveillance officer,
correctional service officer, detention officer, private prison security officer, fire
fighter or emergency medical technician.
2. There is probable cause to believe that the person interfered with the official
duties of the law enforcement officer, probation officer, surveillance officer,
correctional service officer, detention officer, private prison security officer, fire
fighter or emergency medical technician by biting, scratching, spitting or transferring
blood or other bodily fluids on or through the skin or membranes of the law enforcement
officer, probation officer, surveillance officer, correctional service officer, detention
officer, private prison security officer, fire fighter or emergency medical technician
and that the person is deceased.
B. The court shall hear the petition promptly. If the court finds that probable
cause exists to believe that a possible transfer of blood or other bodily fluids occurred
between the person and the law enforcement officer, probation officer, surveillance
officer, correctional service officer, detention officer, private prison security
officer, fire fighter or emergency medical technician, the court shall order that either:
1. The person provide two specimens of blood for testing.
2. If the person is deceased, the medical examiner draw two specimens of blood for
testing.
C. Notwithstanding subsection B, paragraph 2 of this section, on written notice
from the agency, officer or entity employing the law enforcement officer, probation
officer, surveillance officer, correctional service officer, detention officer, private
prison security officer, fire fighter or emergency medical technician, the medical
examiner is authorized to draw two specimens of blood for testing during the autopsy or
other examination of the deceased person's body. The medical examiner shall release the
specimen to the employing agency, officer or entity for testing only after the court
issues its order pursuant to subsection B, paragraph 2 of this section. If the court does
not issue an order within thirty days after the medical examiner collects the specimen,
the medical examiner shall destroy the specimen.
D. Notice of the test results shall be provided as prescribed by the department of
health services to the person tested, to the law enforcement officer, probation officer,
surveillance officer, correctional service officer, detention officer, private prison
security officer, fire fighter or emergency medical technician named in the petition and
to the officer's, fire fighter's or emergency medical technician's employing agency,
officer or entity and, if the person tested is incarcerated or detained, to the officer
in charge and the chief medical officer of the facility in which the person is
incarcerated or detained.
E. Section 36-665 does not apply to this section.
F. For the purposes of this section, "private prison security officer" means a
security officer who is employed by a private contractor that contracts with a
governmental entity to provide detention or incarceration facility services for
offenders.
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 discharges a firearm at a nonresidential structure is
guilty of a class 3 felony.
C. For the purposes of this section:
1. "Nonresidential structure" means a structure other than a residential structure.
2. "Residential structure" means a movable or immovable or permanent or temporary
structure that is adapted for both human residence or lodging.
3. "Structure" means any building, vehicle, railroad car or place with sides and a
floor that is separately securable from any other structure attached to it and that is
being used for lodging, business or transportation.
13-1212 Prisoner assault with bodily fluids; liability for costs; classification; definition
A. A prisoner commits prisoner assault with bodily fluids if the prisoner throws or
projects any bodily fluid at or onto a correctional facility employee or private prison
security officer who the prisoner knows or reasonably should know is an employee of a
correctional facility or is a private prison security officer.
B. A prisoner who is convicted of a violation of this section is liable for any
costs incurred by the correctional facility employee or private prison security officer,
including costs incurred for medical expenses or cleaning uniforms.
C. The state department of corrections shall adopt rules for the payment of costs
pursuant to subsection B. Monies in the prisoner's trust fund or retention account
established by the correctional facility in which the prisoner is incarcerated may be
used to pay the costs pursuant to subsection B.
D. A prisoner who violates this section is guilty of a class 6 felony and the
sentence imposed for a violation of this section shall run consecutively to any sentence
of imprisonment for which the prisoner was confined or to any term of community
supervision, probation, parole, work furlough or other release from confinement.
E. For the purposes of this section, "bodily fluids" means saliva, blood, seminal
fluid, urine or feces.
13-1213 Aiming a laser pointer at a peace officer; classification; definition
A. A person commits aiming a laser pointer at a peace officer if the person
intentionally or knowingly directs the beam of light from an operating laser pointer at
another person and the person knows or reasonably should know that the other person is a
peace officer.
B. Aiming a laser pointer at a peace officer is a class 1 misdemeanor.
C. For the purposes of this section, "laser pointer" means any device that consists
of a high or low powered visible light beam used for aiming, targeting or pointing out
features.
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