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Home > Statutes > Usa-Arizona
USA Statutes : arizona
Title : Criminal Code
Chapter : GENERAL PRINCIPLES OF CRIMINAL LIABILITY
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 a duty imposed by law
which the person is physically capable of performing.

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 elements of
such offense, the prescribed mental state shall apply to each such element unless a
contrary legislative purpose plainly appears.
B. If a statute defining an offense does not expressly prescribe a culpable mental
state that is sufficient for commission of the offense, no culpable mental state is
required for the commission of such offense, and the offense is one of strict liability
unless the proscribed conduct necessarily involves a culpable mental state. If the
offense is one of strict liability, proof of a culpable mental state will also suffice to
establish criminal responsibility.
C. If a statute provides that criminal negligence suffices to establish an element
of an offense, that element also is established if a person acts intentionally, knowingly
or recklessly. If acting recklessly suffices to establish an element, that element also
is established if a person acts intentionally or knowingly. If acting knowingly suffices
to establish an element, that element is also established if a person acts intentionally.


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 not have occurred.
2. The relationship between the conduct and result satisfies any additional causal
requirements imposed by the statute defining the offense.
B. If intentionally causing a particular result is an element of an offense, and
the actual result is not within the intention or contemplation of the person, that
element is established if:
1. The actual result differs from that intended or contemplated only in the respect
that a different person or different property is injured or affected or that the injury
or harm intended or contemplated would have been more serious or extensive than that
caused; or
2. The actual result involves similar injury or harm as that intended or
contemplated and occurs in a manner which the person knows or should know is rendered
substantially more probable by such person's conduct.
C. If recklessly or negligently causing a particular result is an element of an
offense, and the actual result is not within the risk of which the person is aware or in
the case of criminal negligence, of which the person should be aware, that element is
established if:
1. The actual result differs from the probable result only in the respect that a
different person or different property is injured or affected or that the injury or harm
intended or contemplated would have been more serious or extensive than that caused; or
2. The actual result involves similar injury or harm as the probable result and
occurs in a manner which the person knows or should know is rendered substantially more
probable by such person's conduct.

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 the culpable mental state required for commission of the offense; or
2. It supports a defense of justification as defined in chapter 4 of this title.
B. Ignorance or mistake as to a matter of law does not relieve a person of criminal
responsibility.

13-205 Affirmative defenses; burden of proof
A. Except as otherwise provided by law, a defendant shall prove any affirmative
defense raised by a preponderance of the evidence, including any justification defense
under chapter 4 of this title.
B. This section does not affect the presumption contained in section 13-411,
subsection C and section 13-503.

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 person's testimony or other
evidence the substantial elements of the offense charged.
B. A person who asserts an entrapment defense has the burden of proving the
following by clear and convincing evidence:
1. The idea of committing the offense started with law enforcement officers or
their agents rather than with the person.
2. The law enforcement officers or their agents urged and induced the person to
commit the offense.
3. The person was not predisposed to commit the type of offense charged before the
law enforcement officers or their agents urged and induced the person to commit the
offense.
C. A person does not establish entrapment if the person was predisposed to commit
the offense and the law enforcement officers or their agents merely provided the person
with an opportunity to commit the offense. It is not entrapment for law enforcement
officers or their agents merely to use a ruse or to conceal their identity. The conduct
of law enforcement officers and their agents may be considered in determining if a person
has proven entrapment.

 
 
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