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Crimes Against People

Aggravated Harassment

13-2921.01. Aggravated harassment; classification; definition

  1. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:
    1. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.
    2. The person has previously been convicted of an offense included in section 13-3601.
  2. The victim of any previous offense shall be the same as in the present offense.
  3. A person who violates subsection A, paragraph 1 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 2 of this section is guilty of a class 5 felony.
  4. For the purposes of this section, “convicted” means a person who was convicted of an offense included in section 13-3601 or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.

Endangerment

13-1201. Endangerment; classification

  1. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
  2. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

Escape

13-2504. Escape in the first degree; classification

  1. A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, juvenile detention facility or an adult correctional facility by:
    1. Using or threatening the use of physical force against another person; or
    2. Using or threatening to use a deadly weapon or dangerous instrument against another person.
  2. Escape in the first degree is a class 4 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.

13-2503. Escape in the second degree; classification

    1. A person commits escape in the second degree by knowingly:
      1. Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or
      2. Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or
      3. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3994, 13-4507, 13-4512 or 31-226, title 36, chapter 37 or rule 11 of the Arizona rules of criminal procedure.
    2. Escape in the second degree pursuant to subsection A, paragraph 1 or 2 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release. Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.

    1. 13-2502. Escape in the third degree; classification
    1. A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody.
    2. Escape in the third degree is a class 6 felony.

Hindering Prosecution

13-2512. Hindering prosecution in the first degree; classification

  1. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any felony, the person renders assistance to the other person.
  2. Hindering prosecution in the first degree is a class 5 felony, except that it is a class 3 felony if either:
    1. The person knows or has reason to know that the offense involves terrorism or murder.
    2. The person commits the offense with the intent to promote, further or assist a criminal street gang.

Impersonating a Police Officer

13-2411. Impersonating a peace officer; classification; definition

  1. A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts.
  2. It is not a defense to a prosecution under this section that the law enforcement agency the person pretended to represent did not in fact exist or that the law enforcement agency the person pretended to represent did not in fact possess the authority claimed for it.
  3. Impersonating a peace officer is a class 6 felony, except that impersonating a peace officer during the commission of any of the following felonies is a class 4 felony:
    1. Negligent homicide.
    2. Manslaughter.
    3. First degree murder.
    4. Second degree murder.
    5. Assault.
    6. Aggravated assault.
    7. Sexual assault.
    8. Violent sexual assault.
    9. Sexual abuse.
    10. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.
    11. Attack by a person’s vicious animal as prescribed in section 13-1208.
    12. Drive by shooting.
    13. Discharging a firearm at a structure.
    14. Aggravated criminal damage.
    15. Theft.
    16. Theft by extortion.
    17. Theft of a credit card or obtaining a credit card by fraudulent means.
    18. Misconduct involving weapons.
    19. Misconduct involving explosives.
    20. Depositing explosives.
    21. Procuring or placing persons in a house of prostitution.
    22. Dangerous crimes against children as prescribed in section 13-705.
    23. Burglary.
    24. Arson.
    25. Kidnapping.
    26. Robbery.
  4. For the purposes of this section, “peace officer” has the same meaning prescribed in section 1-215 and includes any federal law enforcement officer or agent who has the power to make arrests pursuant to federal law.

Kidnapping

The crime of kidnapping requires proof of the following three things:

  1. The defendant knowingly restricted [another per­son’s] [a child’s] [an incompetent person’s] movements; and
  2. The restriction was accomplished
    1. by (physical force) (intimidation) (or) (deception)] [or] [without the consent of the custodian of the (child) (incompetent person)]; and
    2. in a manner which interfered substantially with the person’s movements; and
    3. [by moving the person from place to place] [or] [by confining the person]; and
  3. The restriction was with the intent to

[hold the person (for ransom) (as a shield) (or) (as a hostage)];

[hold the person for involuntary servitude];

[inflict (death) (physical injury) (or) ( ) on the person];

[aid in the commission of a felony];

[place a person in reasonable fear of immediate physical injury to (that person) (or) (another person)];

[interfere with the performance of a governmental or political function];

[seize or exercise control over a(n) (airplane) (train) (bus) (ship) (other vehicle)].

13-1304. Kidnapping; classification; consecutive sentence

  1. 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.
  2. 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.

Luring a Minor

13-3554. Luring a minor for sexual exploitation; classification

  1. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
  2. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
  3. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Pimping

13-3204. Receiving earnings of prostitute; classification A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

Resisting Arrest

13-2508. Resisting arrest; classification

  1. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by:
    1. Using or threatening to use physical force against the peace officer or another; or
    2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
  2. Resisting arrest is a class 6 felony.

Stalking

13-2923. Stalking; classification; definitions

    1. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
      1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member.
      2. Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member.
    2. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony.
    3. For the purposes of this section:
      1. “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity.
      2. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in a person’s household or resided in a person’s household within the past six months.

Threatening or Intimidating

    1. 13-1202. Threatening or intimidating; classification
      1. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
        1. To cause physical injury to another person or serious damage to the property of another; or
        2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
        3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
      2. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
        1. The offense is committed in retaliation for a victim’s either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
        2. The person is a criminal street gang member.
      3. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Unlawful Imprisonment

    1. 13-1303. Unlawful imprisonment; classification
      1. A person commits unlawful imprisonment by knowingly restraining another person.
      2. 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.
      3. 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.

Witness Tampering

    1. 13-2804. Tampering with a witness; classification
    1. A person commits tampering with a witness if such person knowingly induces a witness in any official proceeding or a person he believes may be called as a witness to:
      1. Unlawfully withhold any testimony; or
      2. Testify falsely; or
      3. Absent himself from any official proceeding to which he has been legally summoned.
    2. Tampering with a witness is a class 6 felony.

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