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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : GENERAL PROVISIONS
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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 sufficient admissible
evidence exists that would justify a finding of sexual motivation by a reasonable and
objective finder of fact.
B. If the prosecutor files a special allegation of sexual motivation, the state
shall prove beyond a reasonable doubt that the defendant committed the offense with a
sexual motivation. The trier of fact shall find a special verdict as to whether the
defendant committed the offense with a sexual motivation.
C. For purposes of this section "sexual motivation" means that one of the purposes
for which the defendant committed the crime was for the purpose of the defendant's sexual
gratification.
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 it shall at the time make duplicate
receipts therefor, specifying particularly the amount of money or the kind of property
taken. The officer shall deliver one receipt to the defendant and shall file the other
forthwith with the magistrate or clerk of the court to which the officer makes the return
of arrest.
B. When such money or property is taken by a police officer of an incorporated city
or town, he shall deliver one receipt to the defendant and the other, with the property,
forthwith to the clerk or other person in charge of the police office in the city or
town.
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 one year
after the rendition of the verdict or the finding of the court, the court in the same
action shall have jurisdiction to hear such matter only after due proof has been made
that notice of such proceeding has been given to the attorney general at least ten days
prior to such hearing.
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 any public monies paid to the
person. Venue for such an action is in the superior court in the county where the monies
were paid, where a sale was made or where the defendant resides.
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 special public importance. The
clerk shall immediately furnish a copy of the certificate to the chief judge of the
superior court in the county in which the action is pending and, after receiving the
copy, the chief judge shall immediately designate a judge to hear and determine the
action. The judge designated shall, consistent with the rules of criminal procedure,
expedite the action and the action shall take precedence over prosecution of any other
proceeding.
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 conduct that unjustifiably and inexcusably causes or threatens
substantial harm to individual or public interests;
2. To give fair warning of the nature of the conduct proscribed and of the
sentences authorized upon conviction;
3. To define the act or omission and the accompanying mental state which constitute
each offense and limit the condemnation of conduct as criminal when it does not fall
within the purposes set forth;
4. To differentiate on reasonable grounds between serious and minor offenses and to
prescribe proportionate penalties for each;
5. To insure the public safety by preventing the commission of offenses through the
deterrent influence of the sentences authorized;
6. To impose just and deserved punishment on those whose conduct threatens the
public peace; and
7. To promote truth and accountability in sentencing.
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 this
title but by the rules of criminal procedure.
B. This title does not affect any power conferred by law upon a court-martial or
other military authority or officer to prosecute and punish conduct and offenders
violating military codes or laws, nor any power conferred by law to impose or inflict
punishment for contempt.
C. This title does not bar, suspend or otherwise affect any right or liability to
damages, penalty, forfeiture or other remedy authorized by law to be recovered or
enforced in a civil action, regardless of whether the conduct involved in the proceeding
constitutes an offense defined in this title.
D. Except as otherwise expressly provided, or unless the context otherwise
requires, the provisions of this title shall govern the construction of and punishment
for any offense defined outside this title.
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 an offense or an
affirmative defense under this title or under another statute or ordinance.
B. For the purposes of this section, "affirmative defense" means a defense that is
offered and that attempts to justify the criminal actions of the accused or another
person for whose actions the accused may be deemed to be accountable. Affirmative
defense does not include any defense that either denies an element of the offense charged
or denies responsibility, including alibi, misidentification or lack of intent.
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 construed according to the fair meaning of
their terms to promote justice and effect the objects of the law, including the purposes
stated in section 13-101.
13-105 Definitions
In this title, unless the context otherwise requires:
1. "Act" means a bodily movement.
2. "Benefit" means anything of value or advantage, present or prospective.
3. "Calendar year" means three hundred sixty-five days actual time served without
release, suspension or commutation of sentence, probation, pardon or parole, work
furlough or release from confinement on any other basis.
4. "Community supervision" means that portion of a felony sentence imposed by the
court pursuant to section 13-603, subsection I and served in the community after
completing a period of imprisonment or served in prison in accordance with section
41-1604.07.
5. "Conduct" means an act or omission and its accompanying culpable mental state.
6. "Crime" means a misdemeanor or a felony.
7. "Criminal street gang" means an ongoing formal or informal association of
persons whose members or associates individually or collectively engage in the
commission, attempted commission, facilitation or solicitation of any felony act and who
has at least one individual who is a criminal street gang member.
8. "Criminal street gang member" means an individual to whom two of the following
seven criteria that indicate criminal street gang membership apply:
(a) Self-proclamation.
(b) Witness testimony or official statement.
(c) Written or electronic correspondence.
(d) Paraphernalia or photographs.
(e) Tattoos.
(f) Clothing or colors.
(g) Any other indicia of street gang membership.
9. "Culpable mental state" means intentionally, knowingly, recklessly or with
criminal negligence as those terms are thusly defined:
(a) "Intentionally" or "with the intent to" means, with respect to a result or to
conduct described by a statute defining an offense, that a person's objective is to cause
that result or to engage in that conduct.
(b) "Knowingly" means, with respect to conduct or to a circumstance described by a
statute defining an offense, that a person is aware or believes that his or her conduct
is of that nature or that the circumstance exists. It does not require any knowledge of
the unlawfulness of the act or omission.
(c) "Recklessly" means, with respect to a result or to a circumstance described by
a statute defining an offense, that a person is aware of and consciously disregards a
substantial and unjustifiable risk that the result will occur or that the circumstance
exists. The risk must be of such nature and degree that disregard of such risk
constitutes a gross deviation from the standard of conduct that a reasonable person would
observe in the situation. A person who creates such a risk but is unaware of such risk
solely by reason of voluntary intoxication also acts recklessly with respect to such
risk.
(d) "Criminal negligence" means, with respect to a result or to a circumstance
described by a statute defining an offense, that a person fails to perceive a substantial
and unjustifiable risk that the result will occur or that the circumstance exists. The
risk must be of such nature and degree that the failure to perceive it constitutes a
gross deviation from the standard of care that a reasonable person would observe in the
situation.
10. "Dangerous drug" means dangerous drug as defined by section 13-3401.
11. "Dangerous instrument" means anything that under the circumstances in which it
is used, attempted to be used or threatened to be used is readily capable of causing
death or serious physical injury.
12. "Deadly physical force" means force which is used with the purpose of causing
death or serious physical injury or in the manner of its use or intended use is capable
of creating a substantial risk of causing death or serious physical injury.
13. "Deadly weapon" means anything designed for lethal use. The term includes a
firearm.
14. "Economic loss" means any loss incurred by a person as a result of the
commission of an offense. Economic loss includes lost interest, lost earnings and other
losses which would not have been incurred but for the offense. Economic loss does not
include losses incurred by the convicted person, damages for pain and suffering, punitive
damages or consequential damages.
15. "Enterprise" includes any corporation, association, labor union or other legal
entity.
16. "Felony" means an offense for which a sentence to a term of imprisonment in the
custody of the state department of corrections is authorized by any law of this state.
17. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun
or other weapon which will or is designed to or may readily be converted to expel a
projectile by the action of expanding gases, except that it does not include a firearm in
permanently inoperable condition.
18. "Government" means the state, any political subdivision of the state or any
department, agency, board, commission, institution or governmental instrumentality of or
within the state or political subdivision.
19. "Government function" means any activity which a public servant is legally
authorized to undertake on behalf of a government.
20. "Intoxication" means any mental or physical incapacity resulting from use of
drugs, toxic vapors or intoxicating liquors.
21. "Misdemeanor" means an offense for which a sentence to a term of imprisonment
other than to the custody of the state department of corrections is authorized by any law
of this state.
22. "Narcotic drug" means narcotic drugs as defined by section 13-3401.
23. "Offense" or "public offense" means conduct for which a sentence to a term of
imprisonment or of a fine is provided by any law of the state in which it occurred or by
any law, regulation or ordinance of a political subdivision of that state and, if the act
occurred in a state other than this state, it would be so punishable under the laws,
regulations or ordinances of this state or of a political subdivision of this state if
the act had occurred in this state.
24. "Omission" means the failure to perform an act as to which a duty of performance
is imposed by law.
25. "Peace officer" means any person vested by law with a duty to maintain public
order and make arrests.
26. "Person" means a human being and, as the context requires, an enterprise, a
public or private corporation, an unincorporated association, a partnership, a firm, a
society, a government, a governmental authority or an individual or entity capable of
holding a legal or beneficial interest in property.
27. "Petty offense" means an offense for which a sentence of a fine only is
authorized by law.
28. "Physical force" means force used upon or directed toward the body of another
person and includes confinement, but does not include deadly physical force.
29. "Physical injury" means the impairment of physical condition.
30. "Possess" means knowingly to have physical possession or otherwise to exercise
dominion or control over property.
31. "Possession" means a voluntary act if the defendant knowingly exercised dominion
or control over property.
32. "Property" means anything of value, tangible or intangible.
33. "Public servant" means any officer or employee of any branch of government,
whether elected, appointed or otherwise employed, including a peace officer, and any
person participating as advisor, consultant or otherwise in performing a governmental
function. The term does not include jurors or witnesses. Public servant includes those
who have been elected, appointed, employed or designated to become a public servant
although not yet occupying that position.
34. "Serious physical injury" includes physical injury which creates a reasonable
risk of death, or which causes serious and permanent disfigurement, serious impairment of
health or loss or protracted impairment of the function of any bodily organ or limb.
35. "Unlawful" means contrary to law or, where the context so requires, not
permitted by law.
36. "Vehicle" means a device in, upon or by which any person or property is or may
be transported or drawn upon a highway, waterway or airway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks.
37. "Voluntary act" means a bodily movement performed consciously and as a result of
effort and determination.
38. "Voluntary intoxication" means intoxication caused by the knowing use of drugs,
toxic vapors or intoxicating liquors by a person, the tendency of which to cause
intoxication the person knows or ought to know, unless the person introduces them
pursuant to medical advice or under such duress as would afford a defense to an offense.
13-107 Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1
of this title and that is a class 2 felony, any violent sexual assault pursuant to
section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a
felony involving falsification of public records or any attempt to commit an offense
listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses
must be commenced within the following periods after actual discovery by the state or the
political subdivision having jurisdiction of the offense or discovery by the state or the
political subdivision that should have occurred with the exercise of reasonable
diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced
when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent
from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in
section 13-604 during any time when the identity of the person who commits the offense or
offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall
commence shall be determined pursuant to subsection B, paragraph 1 of this section,
irrespective of whether a court enters a judgment of conviction for or a prosecuting
attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation
has expired is dismissed for any reason, a new prosecution may be commenced within six
months after the dismissal becomes final even if the period of limitation has expired at
the time of the dismissal or will expire within six months of the dismissal.
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 person is legally accountable if:
1. Conduct constituting any element of the offense or a result of such conduct
occurs within this state; or
2. The conduct outside this state constitutes an attempt or conspiracy to commit an
offense within this state and an act in furtherance of the attempt or conspiracy occurs
within this state; or
3. The conduct within this state constitutes an attempt, solicitation, conspiracy
or facilitation to commit or establishes criminal accountability for the commission of an
offense in another jurisdiction that is also an offense under the law of this state; or
4. The offense consists of an omission to perform a duty imposed by the law of this
state regardless of the location of the defendant at the time of the offense; or
5. The offense is a violation of a statute of this state that prohibits conduct
outside the state.
B. When the offense involves a homicide, either the death of the victim or the
bodily impact causing death constitutes a result within the meaning of subsection A,
paragraph 1. If the body of a homicide victim is found in this state it is presumed that
the result occurred in this state.
C. This state includes the land and water and the air space above the land and
water.
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 occurred, unless otherwise
provided by law.
B. The following special provisions apply:
1. If conduct constituting an element of an offense or a result constituting an
element of an offense occurs in two or more counties, trial of the offense may be held in
any of the counties concerned; or
2. A person who in one county solicits, aids, abets or attempts to aid another in
the planning or commission of an offense in another county may be tried for the offense
in either county; or
3. If an offense is committed in or upon any railroad, train, automobile, aircraft,
vessel or other conveyance in transit and it cannot readily be determined in which county
the offense was committed, trial of the offense may be held in any county through or over
which the conveyance passed; or
4. If the cause of death is inflicted in one county and death ensues in another
county, trial of the offense may be held in either county. If the cause of death is
inflicted in one county and death ensues out of the state, trial of the offense shall be
in the county where the cause was inflicted. If the body of a homicide victim is found
in a county, it is presumed that the cause of death was inflicted in that county; or
5. If an offense is committed on the boundary of two or more counties or within one
mile of such boundary, trial of the offense may be held in any of the counties concerned;
or
6. A person who obtains property unlawfully may be tried in any county in which
such person exerts control over the property; or
7. A person who commits a preparatory offense may be tried in any county in which
any act that is an element of the offense, including the agreement in conspiracy, is
committed.
C. If an offense has been committed within the state and it cannot readily be
determined within which county or counties the commission took place, trial may be held
in the county in which the defendant resides or, if the defendant has no fixed residence,
in the county in which the defendant is apprehended or to which the defendant is
extradited.
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 was perpetrated by the person in pursuance
of such an attempt, unless the court, in its discretion, discharges the jury and directs
the person to be tried for the crime.
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 is a bar to
another indictment or information for the offense charged in either, or for an attempt to
commit the offense, or for any offense necessarily included therein, of which he might
have been convicted under the indictment or information.
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 shall be a bar to a prosecution for the same
offense in another 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
offense is alleged to have been committed.
2. To have counsel.
3. To produce witnesses on his behalf, and to be confronted with the witnesses
against him in the presence of the court, except that the testimony or deposition of a
witness may be received in evidence at the trial as by law prescribed.
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 whether his guilt is satisfactorily shown,
he is entitled to be acquitted.
B. When it appears that a defendant has committed a crime or public offense, and
there is reasonable ground of doubt in which of two or more degrees he is guilty, he may
be convicted of the lowest of such degrees only.
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 no event may sentences be other than
concurrent. An acquittal or conviction and sentence under either one bars a prosecution
for the same act or omission under any other, to the extent the Constitution of the
United States or of this state require.
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 in his own behalf. If he offers himself as
a witness in his own behalf, he may be cross-examined to the same extent and subject to
the same rules as any other witness.
B. The defendant's neglect or refusal to be a witness in his own behalf shall not
in any manner prejudice him, or be used against him on the trial or proceedings.
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