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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : JUSTIFICATION
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13-401 Unavailability of justification defense; justification as defense
A. Even though a person is justified under this chapter in threatening or using
physical force or deadly physical force against another, if in doing so such person
recklessly injures or kills an innocent third person, the justification afforded by this
chapter is unavailable in a prosecution for the reckless injury or killing of the
innocent third person.
B. Except as provided in subsection A, justification, as defined in this chapter,
is a defense in any prosecution for an offense pursuant to this title.
13-402 Justification; execution of public duty
A. Unless inconsistent with the other sections of this chapter defining justifiable
use of physical force or deadly physical force or with some other superseding provision
of law, conduct which would otherwise constitute an offense is justifiable when it is
required or authorized by law.
B. The justification afforded by subsection A also applies if:
1. A reasonable person would believe such conduct is required or authorized by the
judgment or direction of a competent court or tribunal or in the lawful execution of
legal process, notwithstanding lack of jurisdiction of the court or defect in the legal
process; or
2. A reasonable person would believe such conduct is required or authorized to
assist a peace officer in the performance of such officer's duties, notwithstanding that
the officer exceeded the officer's legal authority.
13-403 Justification; use of physical force
The use of physical force upon another person which would otherwise constitute an
offense is justifiable and not criminal under any of the following circumstances:
1. A parent or guardian and a teacher or other person entrusted with the care and
supervision of a minor or incompetent person may use reasonable and appropriate physical
force upon the minor or incompetent person when and to the extent reasonably necessary
and appropriate to maintain discipline.
2. A superintendent or other entrusted official of a jail, prison or correctional
institution may use physical force for the preservation of peace, to maintain order or
discipline, or to prevent the commission of any felony or misdemeanor.
3. A person responsible for the maintenance of order in a place where others are
assembled or on a common motor carrier of passengers, or a person acting under his
direction, may use physical force if and to the extent that a reasonable person would
believe it necessary to maintain order, but such person may use deadly physical force
only if reasonably necessary to prevent death or serious physical injury.
4. A person acting under a reasonable belief that another person is about to commit
suicide or to inflict serious physical injury upon himself may use physical force upon
that person to the extent reasonably necessary to thwart the result.
5. A duly licensed physician or a registered nurse or a person acting under his
direction, or any other person who renders emergency care at the scene of an emergency
occurrence, may use reasonable physical force for the purpose of administering a
recognized and lawful form of treatment which is reasonably adapted to promoting the
physical or mental health of the patient if:
(a) The treatment is administered with the consent of the patient or, if the
patient is a minor or an incompetent person, with the consent of his parent, guardian or
other person entrusted with his care and supervision except as otherwise provided by law;
or
(b) The treatment is administered in an emergency when the person administering
such treatment reasonably believes that no one competent to consent can be consulted and
that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
6. A person may otherwise use physical force upon another person as further
provided in this chapter.
13-404 Justification; self-defense
A. Except as provided in subsection B of this section, a person is justified in
threatening or using physical force against another when and to the extent a reasonable
person would believe that physical force is immediately necessary to protect himself
against the other's use or attempted use of unlawful physical force.
B. The threat or use of physical force against another is not justified:
1. In response to verbal provocation alone; or
2. To resist an arrest that the person knows or should know is being made by a
peace officer or by a person acting in a peace officer's presence and at his direction,
whether the arrest is lawful or unlawful, unless the physical force used by the peace
officer exceeds that allowed by law; or
3. If the person provoked the other's use or attempted use of unlawful physical
force, unless:
(a) The person withdraws from the encounter or clearly communicates to the other
his intent to do so reasonably believing he cannot safely withdraw from the encounter;
and
(b) The other nevertheless continues or attempts to use unlawful physical force
against the person.
13-405 Justification; use of deadly physical force
A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against
the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical
force is immediately necessary to protect himself against the other's use or attempted
use of unlawful deadly physical force.
13-406 Justification; defense of a third person
A person is justified in threatening or using physical force or deadly physical
force against another to protect a third person if:
1. Under the circumstances as a reasonable person would believe them to be, such
person would be justified under section 13-404 or 13-405 in threatening or using physical
force or deadly physical force to protect himself against the unlawful physical force or
deadly physical force a reasonable person would believe is threatening the third person
he seeks to protect; and
2. A reasonable person would believe that such person's intervention is immediately
necessary to protect the third person.
13-407 Justification; use of physical force in defense of premises
A. A person or his agent in lawful possession or control of premises is justified
in threatening to use deadly physical force or in threatening or using physical force
against another when and to the extent that a reasonable person would believe it
immediately necessary to prevent or terminate the commission or attempted commission of a
criminal trespass by the other person in or upon the premises.
B. A person may use deadly physical force under subsection A only in the defense of
himself or third persons as described in sections 13-405 and 13-406.
C. In this section, "premises" means any real property and any structure, movable
or immovable, permanent or temporary, adapted for both human residence and lodging
whether occupied or not.
13-408 Justification; use of physical force in defense of property
A person is justified in using physical force against another when and to the extent
that a reasonable person would believe it necessary to prevent what a reasonable person
would believe is an attempt or commission by the other person of theft or criminal damage
involving tangible movable property under his possession or control, but such person may
use deadly physical force under these circumstances as provided in sections 13-405,
13-406 and 13-411.
13-409 Justification; use of physical force in law enforcement
A person is justified in threatening or using physical force against another if in
making or assisting in making an arrest or detention or in preventing or assisting in
preventing the escape after arrest or detention of that other person, such person uses or
threatens to use physical force and all of the following exist:
1. A reasonable person would believe that such force is immediately necessary to
effect the arrest or detention or prevent the escape.
2. Such person makes known the purpose of the arrest or detention or believes that
it is otherwise known or cannot reasonably be made known to the person to be arrested or
detained.
3. A reasonable person would believe the arrest or detention to be lawful.
13-410 Justification; use of deadly physical force in law enforcement
A. The threatened use of deadly physical force by a person against another is
justified pursuant to section 13-409 only if a reasonable person effecting the arrest or
preventing the escape would believe the suspect or escapee is:
1. Actually resisting the discharge of a legal duty with deadly physical force or
with the apparent capacity to use deadly physical force; or
2. A felon who has escaped from lawful confinement; or
3. A felon who is fleeing from justice or resisting arrest with physical force.
B. The use of deadly physical force by a person other than a peace officer against
another is justified pursuant to section 13-409 only if a reasonable person effecting the
arrest or preventing the escape would believe the suspect or escapee is actually
resisting the discharge of a legal duty with physical force or with the apparent capacity
to use deadly physical force.
C. The use of deadly force by a peace officer against another is justified pursuant
to section 13-409 only when the peace officer reasonably believes that it is necessary:
1. To defend himself or a third person from what the peace officer reasonably
believes to be the use or imminent use of deadly physical force.
2. To effect an arrest or prevent the escape from custody of a person whom the
peace officer reasonably believes:
(a) Has committed, attempted to commit, is committing or is attempting to commit a
felony involving the use or a threatened use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
(c) Through past or present conduct of the person which is known by the peace
officer that the person is likely to endanger human life or inflict serious bodily injury
to another unless apprehended without delay.
(d) Is necessary to lawfully suppress a riot if the person or another person
participating in the riot is armed with a deadly weapon.
D. Notwithstanding any other provisions of this chapter, a peace officer is
justified in threatening to use deadly physical force when and to the extent a reasonable
officer believes it necessary to protect himself against another's potential use of
physical force or deadly physical force.
13-411 Justification; use of force in crime prevention
A. A person is justified in threatening or using both physical force and deadly
physical force against another if and to the extent the person reasonably believes that
physical force or deadly physical force is immediately necessary to prevent the other's
commission of arson of an occupied structure under section 13-1704, burglary in the
second or first degree under section 13-1507 or 13-1508, kidnapping under section
13-1304, manslaughter under section 13-1103, second or first degree murder under section
13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault
under section 13-1406, child molestation under section 13-1410, armed robbery under
section 13-1904, or aggravated assault under section 13-1204, subsection A, paragraphs 1
and 2.
B. There is no duty to retreat before threatening or using deadly physical force
justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if
he is acting to prevent the commission of any of the offenses listed in subsection A of
this section.
13-412 Duress
A. Conduct which would otherwise constitute an offense is justified if a reasonable
person would believe that he was compelled to engage in the proscribed conduct by the
threat or use of immediate physical force against his person or the person of another
which resulted or could result in serious physical injury which a reasonable person in
the situation would not have resisted.
B. The defense provided by subsection A is unavailable if the person intentionally,
knowingly or recklessly placed himself in a situation in which it was probable that he
would be subjected to duress.
C. The defense provided by subsection A is unavailable for offenses involving
homicide or serious physical injury.
13-413 No civil liability for justified conduct
No person in this state shall be subject to civil liability for engaging in conduct
otherwise justified pursuant to the provisions of this chapter.
13-414 Justification; use of reasonable and necessary means
A correctional officer as defined in section 41-1661 may use all reasonable and
necessary means including deadly force to prevent the attempt of a prisoner sentenced to
the custody of the state department of corrections to:
1. Escape from custody or from a correctional facility.
2. Take another person as a hostage.
3. Cause serious bodily harm to another person.
13-415 Justification; domestic violence
If there have been past acts of domestic violence as defined in section 13-3601,
subsection A against the defendant by the victim, the state of mind of a reasonable
person under sections 13-404, 13-405 and 13-406 shall be determined from the perspective
of a reasonable person who has been a victim of those past acts of domestic violence.
13-416 Justification; use of reasonable and necessary means; definition
A. A security officer who is employed by a private contractor may use all
reasonable and necessary means, including deadly force, to prevent a prisoner in the
custody of the private contractor from the following:
1. Escaping from the custody of a law enforcement officer, an authorized custodial
agent or a correctional facility.
2. Taking another person as a hostage or causing death or serious bodily harm to
another person.
B. Security officers who are described in subsection A and who are employed by
private prisons in this state shall meet or exceed the minimal training standards
established by the American correctional association.
C. For the purposes of this section, "private contractor" means a person that
contracts with any governmental entity to provide detention or incarceration services for
prisoners.
13-417 Necessity defense
A. Conduct that would otherwise constitute an offense is justified if a reasonable
person was compelled to engage in the proscribed conduct and the person had no reasonable
alternative to avoid imminent public or private injury greater than the injury that might
reasonably result from the person's own conduct.
B. An accused person may not assert the defense under subsection A if the person
intentionally, knowingly or recklessly placed himself in the situation in which it was
probable that the person would have to engage in the proscribed conduct.
C. An accused person may not assert the defense under subsection A for offenses
involving homicide or serious physical injury.
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