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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Criminal Code
Chapter : RESPONSIBILITY

13-501 Persons under eighteen years of age; felony charging; definitions
A. The county attorney shall bring a criminal prosecution against a juvenile in the
same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age and
is accused of any of the following offenses:
1. First degree murder in violation of section 13-1105.
2. Second degree murder in violation of section 13-1104.
3. Forcible sexual assault in violation of section 13-1406.
4. Armed robbery in violation of section 13-1904.
5. Any other violent felony offense.
6. Any felony offense committed by a chronic felony offender.
7. Any offense that is properly joined to an offense listed in this subsection.
B. Except as provided in subsection A of this section, the county attorney may
bring a criminal prosecution against a juvenile in the same manner as an adult if the
juvenile is at least fourteen years of age and is accused of any of the following
offenses:
1. A class 1 felony.
2. A class 2 felony.
3. A class 3 felony in violation of any offense in chapters 10 through 17 or
chapter 19 or 23 of this title.
4. A class 3, 4, 5 or 6 felony involving the intentional or knowing infliction of
serious physical injury or the discharge, use or threatening exhibition of a deadly
weapon or dangerous instrument.
5. Any felony offense committed by a chronic felony offender.
6. Any offense that is properly joined to an offense listed in this subsection.
C. A criminal prosecution shall be brought against a juvenile in the same manner as
an adult if the juvenile has been accused of a criminal offense and has a historical
prior felony conviction.
D. At the time the county attorney files a complaint or indictment the county
attorney shall file a notice stating that the juvenile is a chronic felony offender.
Subject to subsection E of this section, the notice shall establish and confer
jurisdiction over the juvenile as a chronic felony offender.
E. Upon motion of the juvenile the court shall hold a hearing after arraignment and
before trial to determine if a juvenile is a chronic felony offender. At the hearing the
state shall prove by a preponderance of the evidence that the juvenile is a chronic
felony offender. If the court does not find that the juvenile is a chronic felony
offender, the court shall transfer the juvenile to the juvenile court pursuant to section
8-302. If the court finds that the juvenile is a chronic felony offender or if the
juvenile does not file a motion to determine if the juvenile is a chronic felony
offender, the criminal prosecution shall continue.
F. Except as provided in section 13-921, a person who is charged pursuant to this
section shall be sentenced in the criminal court in the same manner as an adult for any
offense for which the person is convicted.
G. For the purposes of this section:
1. "Accused" means a juvenile against whom a complaint, information or indictment
is filed.
2. "Chronic felony offender" means a juvenile who has had two prior and separate
adjudications and dispositions for conduct that would constitute a historical prior
felony conviction if the juvenile had been tried as an adult.
3. "Forcible sexual assault" means sexual assault pursuant to section 13-1406 that
is committed without consent as defined in section 13-1401, paragraph 4, subdivision (a).
4. "Historical prior felony conviction" has the same meaning prescribed in section
13-604.
5. "Other violent felony offense" means:
(a) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 1.
(b) Aggravated assault pursuant to section 13-1204, subsection A, paragraph 2
involving the use of a deadly weapon.
(c) Drive by shooting pursuant to section 13-1209.
(d) Discharging a firearm at a structure pursuant to section 13-1211. 13-502 Insanity test; burden of proof; guilty except insane verdict
A. A person may be found guilty except insane if at the time of the commission of
the criminal act the person was afflicted with a mental disease or defect of such
severity that the person did not know the criminal act was wrong. A mental disease or
defect constituting legal insanity is an affirmative defense. Mental disease or defect
does not include disorders that result from acute voluntary intoxication or withdrawal
from alcohol or drugs, character defects, psychosexual disorders or impulse control
disorders. Conditions that do not constitute legal insanity include but are not limited
to momentary, temporary conditions arising from the pressure of the circumstances, moral
decadence, depravity or passion growing out of anger, jealousy, revenge, hatred or other
motives in a person who does not suffer from a mental disease or defect or an abnormality
that is manifested only by criminal conduct.
B. In a case involving the death or serious physical injury of or the threat of
death or serious physical injury to another person, if a plea of insanity is made and the
court determines that a reasonable basis exists to support the plea, the court may commit
the defendant to a secure state mental health facility under the department of health
services, a secure county mental health evaluation and treatment facility or another
secure licensed mental health facility for up to thirty days for mental health evaluation
and treatment. Experts at the mental health facility who are licensed pursuant to title
32, who are familiar with this state's insanity statutes, who are specialists in mental
diseases and defects and who are knowledgeable concerning insanity shall observe and
evaluate the defendant. The expert or experts who examine the defendant shall submit a
written report of the evaluation to the court, the defendant's attorney and the
prosecutor. The court shall order the defendant to pay the costs of the mental health
facility to the clerk of the court. The clerk of the court shall transmit the
reimbursements to the mental health facility for all of its costs. If the court finds
the defendant is indigent or otherwise is unable to pay all or any of the costs, the
court shall order the county to reimburse the mental health facility for the remainder of
the costs. Notwithstanding section 36-545.02, the mental health facility may maintain
the reimbursements. If the court does not commit the defendant to a secure state mental
health facility, a secure county mental health evaluation and treatment facility or
another secure licensed mental health facility, the court shall appoint an independent
expert who is licensed pursuant to title 32, who is familiar with this state's insanity
statutes, who is a specialist in mental diseases and defects and who is knowledgeable
concerning insanity to observe and evaluate the defendant. The expert who examines the
defendant shall submit a written report of the evaluation to the court, the defendant's
attorney and the prosecutor. The court shall order the defendant to pay the costs of the
services of the independent expert to the clerk of the court. The clerk of the court
shall transmit the reimbursements to the expert. If the court finds the defendant is
indigent or otherwise unable to pay all or any of the costs, the court shall order the
county to reimburse the expert for the remainder of the costs. This subsection does not
prohibit the defendant or this state from obtaining additional psychiatric examinations
by other mental health experts who are licensed pursuant to title 32, who are familiar
with this state's insanity statutes, who are specialists in mental diseases and defects
and who are knowledgeable concerning insanity.
C. The defendant shall prove the defendant's legal insanity by clear and convincing
evidence.
D. If the finder of fact finds the defendant guilty except insane, the court shall
determine the sentence the defendant could have received pursuant to section 13-703,
subsection A or section 13-707 or the presumptive sentence the defendant could have
received pursuant to section 13-604, 13-604.01, 13-701, subsection C, section 13-710 or
section 13-1406 if the defendant had not been found insane, and the judge shall commit
the defendant pursuant to section 13-3994 for that term. In making this determination
the court shall not consider the sentence enhancements for prior convictions under
section 13-604. The court shall expressly identify each act that the defendant
committed and separately find whether each act involved the death or physical injury of
or a substantial threat of death or physical injury to another person.
E. A guilty except insane verdict is not a criminal conviction for sentencing
enhancement purposes under section 13-604.

13-503 Effect of alcohol or drug use
Temporary intoxication resulting from the voluntary ingestion, consumption,
inhalation or injection of alcohol, an illegal substance under chapter 34 of this title
or other psychoactive substances or the abuse of prescribed medications does not
constitute insanity and is not a defense for any criminal act or requisite state of mind.

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