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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : HOMICIDE
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13-1101 Definitions
In this chapter, unless the context otherwise requires:
1. "Premeditation" means that the defendant acts with either the intention or the
knowledge that he will kill another human being, when such intention or knowledge
precedes the killing by any length of time to permit reflection. Proof of actual
reflection is not required, but an act is not done with premeditation if it is the
instant effect of a sudden quarrel or heat of passion.
2. "Homicide" means first degree murder, second degree murder, manslaughter or
negligent homicide.
3. "Person" means a human being.
4. "Adequate provocation" means conduct or circumstances sufficient to deprive a
reasonable person of self-control.
13-1102 Negligent homicide; classification
A. A person commits negligent homicide if with criminal negligence the person
causes the death of another person, including an unborn child.
B. An offense under this section applies to an unborn child in the womb at any
stage of its development. A person may not be prosecuted under this section if any of the
following applies:
1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Negligent homicide is a class 4 felony. 13-1103 Manslaughter; classification
A. A person commits manslaughter by:
1. Recklessly causing the death of another person; or
2. Committing second degree murder as defined in section 13-1104, subsection A upon
a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
3. Intentionally aiding another to commit suicide; or
4. Committing second degree murder as defined in section 13-1104, subsection A,
paragraph 3, while being coerced to do so by the use or threatened immediate use of
unlawful deadly physical force upon such person or a third person which a reasonable
person in his situation would have been unable to resist; or
5. Knowingly or recklessly causing the death of an unborn child by any physical
injury to the mother.
B. An offense under subsection A, paragraph 5 of this section applies to an unborn
child in the womb at any stage of its development. A person shall not be prosecuted under
subsection A, paragraph 5 of this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Manslaughter is a class 2 felony. 13-1104 Second degree murder; classification
A. A person commits second degree murder if without premeditation:
1. The person intentionally causes the death of another person, including an unborn
child or, as a result of intentionally causing the death of another person, causes the
death of an unborn child; or
2. Knowing that the person's conduct will cause death or serious physical injury,
the person causes the death of another person, including an unborn child or, as a result
of knowingly causing the death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme indifference to human life, the person
recklessly engages in conduct that creates a grave risk of death and thereby causes the
death of another person, including an unborn child or, as a result of recklessly causing
the death of another person, causes the death of an unborn child.
B. An offense under this section applies to an unborn child in the womb at any
stage of its development. A person may not be prosecuted under this section if any of the
following applies:
1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.
3. The person was the unborn child's mother.
C. Second degree murder is a class 1 felony and is punishable as provided by
section 13-604, subsection S, section 13-604.01 if the victim is under fifteen years of
age or is an unborn child or section 13-710. 13-1105 First degree murder; classification
A. A person commits first degree murder if:
1. Intending or knowing that the person's conduct will cause death, the person
causes the death of another person, including an unborn child, with premeditation or, as
a result of causing the death of another person with premeditation, causes the death of
an unborn child.
2. Acting either alone or with one or more other persons the person commits or
attempts to commit sexual conduct with a minor under section 13-1405, sexual assault
under section 13-1406, molestation of a child under section 13-1410, terrorism under
section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4,
dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7,
narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed
the statutory threshold amount for each offense or combination of offenses, involving or
using minors in drug offenses under section 13-3409, kidnapping under section 13-1304,
burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or
13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503
or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful
flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course
of and in furtherance of the offense or immediate flight from the offense, the person or
another person causes the death of any person.
3. Intending or knowing that the person's conduct will cause death to a law
enforcement officer, the person causes the death of a law enforcement officer who is in
the line of duty.
B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires
no specific mental state other than what is required for the commission of any of the
enumerated felonies.
C. An offense under subsection A, paragraph 1 of this section applies to an unborn
child in the womb at any stage of its development. A person shall not be prosecuted under
subsection A, paragraph 1 of this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.
3. The person was the unborn child's mother.
D. First degree murder is a class 1 felony and is punishable by death or life
imprisonment as provided by sections 13-703 and 13-703.01.
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