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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : ESCAPE AND RELATED OFFENSES
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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 weapon, dangerous instrument, explosive or other article whose
use or possession would endanger the safety, security or preservation of order in a
correctional facility or a juvenile secure care facility as defined by section 41-2801,
or of any person within a correctional or juvenile secure care facility.
2. "Correctional facility" means any place used for the confinement or control of a
person:
(a) Charged with or convicted of an offense; or
(b) Held for extradition; or
(c) Pursuant to an order of court for law enforcement purposes.
Lawful transportation or movement incident to correctional facility confinement pursuant
to this paragraph is within the control of a correctional facility. However, for
purposes of this chapter, being within the control of a correctional facility does not
include release on parole, on community supervision, on probation or by other lawful
authority upon the condition of subsequent personal appearance at a designated place and
time.
3. "Custody" means the imposition of actual or constructive restraint pursuant to
an on-site arrest or court order but does not include detention in a correctional
facility, juvenile detention center or state hospital.
4. "Escape" means departure from custody or from a juvenile secure care facility as
described in section 41-2816, a juvenile detention facility or an adult correctional
facility in which a person is held or detained with knowledge that such departure is
unpermitted or failure to return to custody or detention following a temporary leave
granted for a specific purpose or for a limited period.
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 offense, such person knowingly
escapes or attempts to escape from custody.
B. Escape in the third degree is a class 6 felony.
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
juvenile detention facility or an adult correctional facility; or
2. Escaping or attempting to escape from custody imposed as a result of having been
arrested for, charged with or found guilty of a felony; or
3. Escaping or attempting to escape from the ARIZONA state hospital if the person
was committed to the hospital for treatment pursuant to section 8-291.09, 13-502,
13-3994, 13-4507, 13-4512 or 31-226, title 36, chapter 37 or rule 11 of the ARIZONA rules
of criminal procedure.
B. Escape in the second degree pursuant to subsection A, paragraph 1 or 2 of this
section is a class 5 felony, and the sentence imposed for a violation of this section
shall run consecutively to any sentence of imprisonment for which the person was confined
or to any term of community supervision for the sentence including probation, parole,
work furlough or any other release. Escape in the second degree pursuant to subsection A,
paragraph 3 of this section is a class 2 misdemeanor.
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, juvenile detention facility or
an adult correctional facility by:
1. Using or threatening the use of physical force against another person; or
2. Using or threatening to use a deadly weapon or dangerous instrument against
another person.
B. Escape in the first degree is a class 4 felony, and the sentence imposed for a
violation of this section shall run consecutively to any sentence of imprisonment for
which the person was confined or to any term of community supervision for the sentence
including probation, parole, work furlough or any other release.
13-2505 Promoting prison contraband; classifications; exceptions; x-radiation
A. A person, not otherwise authorized by law, commits promoting prison contraband:
1. By knowingly taking contraband into a correctional facility or the grounds of
such facility; or
2. By knowingly conveying contraband to any person confined in a correctional
facility; or
3. By knowingly making, obtaining or possessing contraband while being confined in
a correctional facility or while being lawfully transported or moved incident to
correctional facility confinement.
B. Any person who has reasonable grounds to believe there has been a violation or
attempted violation of this section shall immediately report such violation or attempted
violation to the official in charge of the facility or to a peace officer.
C. Promoting prison contraband if the contraband is a deadly weapon, dangerous
instrument or explosive is a class 2 felony. Promoting prison contraband if the
contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all
other cases promoting prison contraband is a class 5 felony. Failure to report a
violation or attempted violation of this section is a class 5 felony.
D. Notwithstanding any law to the contrary, any person convicted of a violation of
this section shall be prohibited from employment by this state or any of its agencies or
political subdivisions until the person's civil rights have been restored pursuant to
chapter 9 of this title.
E. This section does not apply to any of the following:
1. A prisoner who possesses or carries any tool, instrument or implement used by
him at the direction or with the permission of prison officials.
2. Contraband located at the place where a person is on home arrest.
F. The state department of corrections may request a licensed practitioner to order
that x-radiation be performed on any inmate if there is reason to believe the inmate is
in possession of any contraband as defined in section 13-2501.
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 or petty offense, such person
knowingly fails to appear as required, regardless of the disposition of the charge
requiring the appearance.
B. Failure to appear in the second degree is a class 1 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, such person knowingly fails to appear as
required, regardless of the disposition of the charge requiring the appearance.
B. Failure to appear in the first degree is a class 5 felony.
13-2508 Resisting arrest; classification
A. A person commits resisting arrest by intentionally preventing or attempting to
prevent a person reasonably known to him to be a peace officer, acting under color of
such peace officer's official authority, from effecting an arrest by:
1. Using or threatening to use physical force against the peace officer or another;
or
2. Using any other means creating a substantial risk of causing physical injury to
the peace officer or another.
B. Resisting arrest is a class 6 felony.
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 reasonably known to him to be a
peace officer, acting under color of such officer's official authority, directing,
regulating or controlling his vehicle.
B. Resisting an order directing, regulating or controlling a motor vehicle is a
class 2 misdemeanor.
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
2. Warning the other person of impending discovery, apprehension, prosecution or
conviction. This does not apply to a warning given in connection with an effort to bring
another into compliance with the law; or
3. Providing the other person with money, transportation, a weapon, a disguise or
other similar means of avoiding discovery, apprehension, prosecution or conviction; or
4. Preventing or obstructing by means of force, deception or intimidation anyone
from performing an act that might aid in the discovery, apprehension, prosecution or
conviction of the other person; or
5. Suppressing by an act of concealment, alteration or destruction any physical
evidence that might aid in the discovery, apprehension, prosecution or conviction of the
other person; or
6. Concealing the identity of the other person.
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 for any
misdemeanor or petty offense, such person renders assistance to such person.
B. Hindering prosecution in the second degree is a class 1 misdemeanor.
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 for any
felony, the person renders assistance to the other person.
B. Hindering prosecution in the first degree is a class 5 felony, except that
hindering prosecution in the first degree where a person knows or has reason to know that
it involves terrorism or murder is a class 3 felony.
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 failure results in any
of the following:
1. The escape of a prisoner.
2. Serious physical injury to or the death of any other person or prisoner.
B. For the purposes of this section, "custodial responsibility" means having
responsibility for the care, management or control of a prisoner who is committed to the
state department of corrections.
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 onto the grounds of or into a secure care facility under the
jurisdiction of the department of juvenile corrections.
2. Conveying contraband to any person confined in a secure care facility under the
jurisdiction of the department of juvenile corrections.
3. Making, obtaining or possessing contraband while being confined in a secure care
facility under the jurisdiction of the department of juvenile corrections.
B. Except for information protected under attorney client privilege, any person who
has reasonable grounds to believe there has been a violation or attempted violation of
this section shall immediately report the violation or attempted violation to the
official in charge of the facility or to a peace officer.
C. Promoting secure care facility contraband if the contraband is a deadly weapon,
dangerous instrument or explosive is a class 2 felony. Promoting secure care facility
contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2
felony. In all other cases promoting secure care facility contraband is a class 5
felony. Failure to report a violation or attempted violation of this section is a class
5 felony.
D. Notwithstanding any law to the contrary, any person convicted of a violation of
this section shall be prohibited from employment by this state or any of its agencies or
political subdivisions until the person's civil rights have been restored pursuant to
chapter 9 of this title.
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