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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : COMMERCIAL NUCLEAR GENERATING STATION
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13-119 Assessments for offenses for which persons are required to register
On conviction of any offense for which a person is required to register pursuant to
section 13-3821, In addition to any other penalty prescribed by law, the court shall
order the person to pay an additional assessment of two hundred fifty dollars. This
assessment is not subject to any surcharge. The court shall transmit the monies received
pursuant to this section to the county treasurer. The county treasurer shall transmit the
monies received to the state treasurer. The state treasurer shall deposit the monies
received in the sex offender monitoring fund established by section
13-3828. Notwithstanding any other law, the court shall not waive the assessment imposed
pursuant to this section.
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 generating station, who is employed as part of the security plan approved by the
nuclear regulatory commission and who meets the requirements mandated by the nuclear
regulatory commission for carrying a firearm.
2. "Commercial nuclear generating station" means an electric power generating
facility that is owned by a public service corporation, a municipal corporation or a
consortium of public service corporations or municipal corporations and that produces
electricity by means of a nuclear reactor and includes the property on which the facility
is located.
3. "Enter" means the intrusion of any part of any instrument or any part of a
person's body inside of a commercial nuclear generating station or a structure or fenced
yard of a commercial nuclear generating station.
4. "Entering or remaining unlawfully" means an act by a person who enters or
remains in or on a commercial nuclear generating station or a structure or fenced yard of
a commercial nuclear generating station if that person's intent for entering or remaining
is not licensed, authorized or otherwise privileged.
5. "Structure or fenced yard" means any structure, fenced yard, wall, building or
other similar barrier or any combination of structures, fenced yards, walls, buildings or
other barriers that surrounds a commercial nuclear generating station and that is posted
with signage indicating it is a felony to trespass. 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 commercial nuclear generating
station.
2. Entering or remaining unlawfully within a structure or fenced yard of a
commercial nuclear generating station.
B. Criminal trespass on a commercial nuclear generating station is a class 4
felony. 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 fenced yard of
a commercial nuclear generating station if the armed nuclear security guard reasonably
believes that such force is necessary to prevent or terminate the commission or attempted
commission of criminal damage under section 13-1602, subsection A, paragraph 3 and
subsection B, paragraph 1, misconduct involving weapons under section 13-3102, subsection
A, paragraph 13 or criminal trespass on a commercial nuclear generating station under
section 13-4902.
B. Notwithstanding sections 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410
and 13-411, an armed nuclear security guard is justified in using physical force up to
and including deadly physical force against another person at a commercial nuclear
generating station or structure or fenced yard of a commercial nuclear generating station
if the armed nuclear security guard reasonably believes that such force is necessary to:
1. Prevent the commission of manslaughter under section 13-1103, second or first
degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204,
subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second
or first degree under section 13-1507 or 13-1508, arson of a structure or property under
section 13-1703, arson of an occupied structure under section 13-1704, armed robbery
under section 13-1904 or an act of terrorism under section 13-2308.01.
2. Defend oneself or a third person from the use or imminent use of deadly physical
force.
C. Notwithstanding any other provision of this chapter, an armed nuclear security
guard is justified in threatening to use physical or deadly physical force if and to the
extent a reasonable armed nuclear security guard believes it necessary to protect oneself
or others against another person's potential use of physical force or deadly physical
force.
D. An armed nuclear security guard is not subject to civil liability for engaging
in conduct that is otherwise justified pursuant to this chapter. 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 yard of a commercial
nuclear generating station in a reasonable manner and for a reasonable time any person
who is suspected of or attempting to commit manslaughter under section 13-1103, second or
first degree murder under section 13-1104 or 13-1105, aggravated assault under section
13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in
the second or first degree under section 13-1507 or 13-1508, criminal damage under
section 13-1602, subsection A, paragraph 3 and subsection B, paragraph 1, arson of a
structure or property under section 13-1703, arson of an occupied structure under section
13-1704, armed robbery under section 13-1904, an act of terrorism under section
13-2308.01, misconduct involving weapons under section 13-3102, subsection A, paragraph
13 or criminal trespass on a commercial nuclear generating station under section 13-4902
for the purpose of summoning a law enforcement officer.
B. Reasonable belief of an armed nuclear security guard is a defense to a civil or
criminal action against an armed nuclear security guard for false arrest, false or
unlawful imprisonment or wrongful detention.
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