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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : KIDNAPPING AND RELATED OFFENSES
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13-1301 Definitions
In this chapter, unless the context otherwise requires:
1. "Relative" means a parent or stepparent, ancestor, descendant, sibling, uncle or
aunt, including an adoptive relative of the same degree through marriage or adoption, or
a spouse.
2. "Restrain" means to restrict a person's movements without consent, without legal
authority, and in a manner which interferes substantially with such person's liberty, by
either moving such person from one place to another or by confining such
person. Restraint is without consent if it is accomplished by:
(a) Physical force, intimidation or deception; or
(b) Any means including acquiescence of the victim if the victim is a child less
than eighteen years old or an incompetent person and the victim's lawful custodian has
not acquiesced in the movement or confinement.
13-1302 Custodial interference; child born out of wedlock; defenses; classification
A. A person commits custodial interference if, knowing or having reason to know
that the person has no legal right to do so, the person does one of the following:
1. Takes, entices or keeps from lawful custody any child, or any person who is
incompetent, and who is entrusted by authority of law to the custody of another person or
institution.
2. Before the entry of a court order determining custodial rights, takes, entices
or withholds any child from the other parent denying that parent access to any child.
3. If the person is one of two persons who have joint legal custody of a child
takes, entices or withholds from physical custody the child from the other custodian.
4. At the expiration of access rights outside this state, intentionally fails or
refuses to return or impedes the return of a child to the lawful custodian.
B. If a child is born out of wedlock, the mother is the legal custodian of the
child for the purposes of this section until paternity is established and custody or
access is determined by a court.
C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both
of the following apply:
1. The defendant has begun the process to obtain an order of protection or files a
petition for custody within a reasonable period of time and the order of protection or
petition states the defendant's belief that the child was at risk if left with the other
parent.
2. The defendant is the child's parent and has the right of custody and the
defendant either:
(a) Has a good faith and reasonable belief that the taking, enticing or withholding
is necessary to protect the child from immediate danger.
(b) Is a victim of domestic violence by the other parent and has a good faith and
reasonable belief that the child will be in immediate danger if the child is left with
the other parent.
D. A violation of this section is:
1. A class 3 felony if committed by a person other than the parent or agent of the
parent or custodian or agent of the custodian.
2. Notwithstanding paragraph 3 of this subsection, a class 4 felony if the child or
incompetent person is taken, enticed or kept from lawful custody out of this state by the
parent or agent of the parent or custodian or the agent of the custodian.
3. A class 6 felony if committed by a parent or agent of the parent or custodian or
agent of the custodian.
4. A class 1 misdemeanor if the child or incompetent person is voluntarily returned
without physical injury prior to arrest or the issuance of an arrest warrant.
13-1303 Unlawful imprisonment; classification
A. A person commits unlawful imprisonment by knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it is a defense that:
1. The restraint was accomplished by a peace officer acting in good faith in the
lawful performance of his duty; or
2. The defendant is a relative of the person restrained and the defendant's sole
intent is to assume lawful custody of that person and the restraint was accomplished
without physical injury.
C. Unlawful imprisonment is a class 6 felony unless the victim is released
voluntarily by the defendant without physical injury in a safe place prior to arrest in
which case it is a class 1 misdemeanor.
13-1304 Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the
intent to:
1. Hold the victim for ransom, as a shield or hostage; or
2. Hold the victim for involuntary servitude; or
3. Inflict death, physical injury or a sexual offense on the victim, or to
otherwise aid in the commission of a felony; or
4. Place the victim or a third person in reasonable apprehension of imminent
physical injury to the victim or such third person.
5. Interfere with the performance of a governmental or political function.
6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the
defendant without physical injury in a safe place prior to arrest and prior to
accomplishing any of the further enumerated offenses in subsection A of this section in
which case it is a class 4 felony. If the victim is released pursuant to an agreement
with the state and without any physical injury, it is a class 3 felony. If the victim is
under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section
13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run
consecutively to any other sentence imposed on the defendant and to any undischarged term
of imprisonment of the defendant.
13-1305 Access interference; classification; definition
A. A person commits access interference if, knowing or having reason to know that
the person has no legal right to do so, the person knowingly engages in a pattern of
behavior that prevents, obstructs or frustrates the access rights of a person who is
entitled to access to a child pursuant to a court order.
B. If the child is removed from this state, access interference is a class 5
felony. Otherwise access interference is a class 2 misdemeanor.
C. The enforcement of this section is not limited by the availability of other
remedies for access interference.
D. For the purposes of this section "access order" means a court order that is
issued pursuant to title 25 and that allows a person to have direct access to a child or
incompetent person.
13-1306 Unlawfully obtaining labor or services; classification
A. It is unlawful for a person to knowingly obtain the labor or services of another
person by doing any of the following:
1. Causing or threatening to cause bodily injury to that person or another person.
2. Restraining or threatening to restrain that person or another person without
lawful authority and against that person's will.
3. Withholding that person's governmental records, identifying information or other
personal property.
B. A person who violates this section is guilty of a class 4 felony.
13-1307 Sex trafficking; classification
A. It is unlawful for a person to knowingly recruit, entice, harbor, transport,
provide or obtain by any means another person with the intent of causing the other person
to engage in prostitution by force, fraud or coercion.
B. A person who violates this section is guilty of a class 2 felony, except that,
if the offense is committed against a person who is under fifteen years of age, the
offense is a dangerous crime against children punishable pursuant to section 13-604.01.
13-1308 Trafficking of persons for forced labor or services; classification; definitions
A. It is unlawful for a person to either:
1. Knowingly traffic another person with the intent to or knowledge that the other
person will be subject to forced labor or services.
2. Knowingly benefit, financially or by receiving anything of value, from
participation in a venture that has engaged in an act in violation of section 13-1306,
section 13-1307 or this section.
B. A violation of this section is a class 2 felony.
C. For the purposes of this section:
1. "Forced labor or services" means labor or services that are performed or
provided by another person and that are obtained through a person's either:
(a) Causing or threatening to cause serious physical injury to any person.
(b) Restraining or threatening to physically restrain another person.
(c) Withholding from another person that person's government records, identifying
information or personal property.
2. "Traffic" means to transport another person or to entice, recruit, harbor,
provide or otherwise obtain another person for transport by deception, coercion or force.
13-1309 Restitution
The court shall order restitution for any violation of section 13-1306, 13-1307 or
13-1308, including the greater of either the gross income or value to the defendant of
the victim's labor or services or the value of the victim's labor as guaranteed under the
minimum wage and overtime provisions of the fair labor standards act of 1938 (52 Stat.
1060; 29 United States Code sections 201 through 219).
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