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Miscellaneous Charges

Aggravated Harassment

13-2921.01. Aggravated harassment; classification; definition A. 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. B. The victim of any previous offense shall be the same as in the present offense. C. 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. D. 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.

Aggravated Taking the Identity of Another

13-2009. Aggravated taking identity of another person or entity; classification A. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either: 1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons’ or entities’ identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss. 2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose and causes another person or entity to suffer an economic loss of three thousand dollars or more. 3. Another person, including a real or fictitious person, with the intent to obtain employment. B. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose. C. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. D. Aggravated taking the identity of another person or entity is a class 3 felony.

Arson of Property or Structure

Arson requires proof of the following two things:

1. A person knowingly caused a fire or explosion; and 2. As a result of this fire or explosion, the person knowingly and unlawfully damaged a structure or property. The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with arson. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with arson.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of arson that person is often facing a prison sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with arson it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for arson in Arizona is Arizona Revised Statute 13-1703

13-1703. Arson of a structure or property; classification

A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less.
Assisting a Criminal Street gang

13-2321. Participating in or assisting a criminal street gang; classification A. A person commits participating in a criminal street gang by any of the following: 1. Intentionally organizing, managing, directing, supervising or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang. 2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang. 3. Furnishing advice or direction in the conduct, financing or management of a criminal street gang’s affairs with the intent to promote or further the criminal objectives of a criminal street gang. 4. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant’s official duty. B. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang. C. Participating in a criminal street gang is a class 2 felony. D. Assisting a criminal street gang is a class 3 felony. E. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.
Cruelty to Animals

13-2910. Cruelty to animals; interference with working or service animal; classification; definitions

  1. A person commits cruelty to animals if the person does any of the following:
    1. Intentionally, knowingly or recklessly subjects any animal under the person’s custody or control to cruel neglect or abandonment.
    2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control.
    3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
    4. Recklessly subjects any animal to cruel mistreatment.
    5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
    6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
    7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
    8. Intentionally or knowingly subjects any animal under the person’s custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
    9. Intentionally or knowingly subjects any animal to cruel mistreatment.
    10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
    11. Intentionally or knowingly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
    12. Recklessly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
    13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
  2. It is a defense to subsection A of this section if:
    1. Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person’s livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person’s livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word “danger” or “warning”.
    2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.
  3. This section does not prohibit or restrict:
    1. The taking of wildlife or other activities permitted by or pursuant to title 17.
    2. Activities permitted by or pursuant to title 3.
    3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
  4. A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.
  5. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:
    1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
    2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler’s services are lost to the owner or agency.
    3. To the owner for the owner’s contractual losses with the agency.
  6. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section.
  7. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.
  • For the purposes of this section:
  1. “Animal” means a mammal, bird, reptile or amphibian.
  2. “Cruel mistreatment” means to torture or otherwise inflict unnecessary serious physical injury upon an animal or to kill an animal in a manner that causes protracted suffering to the animal.
  3. “Cruel neglect” means to fail to provide an animal with necessary food, water or shelter.
  4. “Handler” means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person’s agency or the service animal owner and who used a specially trained animal under the direction of the person’s agency or the service animal owner.
  5. “Service animal” means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.
  6. “Working animal” means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

Dog Fighting

13-2910.01. Dog fighting; classification

  1. A person commits dog fighting by knowingly:
    1. Owning, possessing, keeping or training any dog with the intent that such dog engage in an exhibition of fighting with another dog.
    2. For amusement or gain, causing any dog to fight with another dog, or causing any dogs to injure each other.
    3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under his charge or control.
  2. Dog fighting is a class 5 felony.

Drop House

13-2322. Unlawful transactions involving drop house properties; classification; definition

  1. A person or company that owns, sells, leases or brokers a transaction involving property or real property that the person or company knows will be used as a drop house is guilty of a class 4 felony.
  2. It is a defense to a prosecution pursuant to this section if both of the following apply:
    1. The person or company acquires actual knowledge that the property or real property is being used as a drop house after the person or company acquires ownership of, sells, leases or brokers a transaction involving the property or real property.
    2. The person or company reports this information to a law enforcement agency.
  3. For the purposes of this section, “drop house” means property or real property that is used to facilitate smuggling pursuant to section 13-2319.

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.

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.

Exploitation of a Minor, Commercial

13-3552. Commercial sexual exploitation of a minor; classification

  1. A person commits commercial sexual exploitation of a minor by knowingly:
    1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
    3. Permitting a minor under the person’s custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
  2. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Exploitation of a Minor, Sexual

13-3553. Sexual exploitation of a minor; evidence; classification

  1. A person commits sexual exploitation of a minor by knowingly:
    1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
    2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  2. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
  3. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Forgery of Credit Card

13-2104. Forgery of credit card; classification

  1. A person commits forgery of a credit card if the person:
    1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or
    2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.
  2. Forgery of a credit card is a class 4 felony.

Forgery

Forgery requires proof of the following two things:

  1. The defendant knowingly offered or presented a artifice which had been falsely made, completed, or altered contained false infor­mation; and
  2. The defendant offered or presented it with the intent to defraud.

It is not necessary to the crime of forgery that the offer be accepted

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with forgery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with forgery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of forgery that person is facing a prison sentence. That prison sentence ranges from 1-4 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with forgery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for forgery in Arizona is Arizona Revised Statute 13-1904

13-2002. Forgery; classification

  1. A person commits forgery if, with intent to defraud, the person:
    1. Falsely makes, completes or alters a written instrument; or
    2. Knowingly possesses a forged instrument; or
    3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
  2. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
  3. Forgery is a class 4 felony.

Fraud Schemes

13-2310. Fraudulent schemes and artifices; classification; definition

  1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
  2. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
  3. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  4. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
  5. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Schemes and Practices

Fraudulent schemes and practices requires proof of the following:

1. Pursuant to a scheme or artifice to defraud or deceive,

A person(s) knowingly falsified concealed covered up a material fact by a trick scheme device; or

The person(s) made used a writing document containing any false fictitious fraudulent statement entry; and

2. Person’s acts resulted in another’s loss.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 3-12 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for fraud schemes in Arizona is Arizona Revised Statute 13-1902

13-2310. Fraudulent schemes and artifices

  1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
  2. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
  3. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  4. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
  5. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Use of a Credit Card

13-2105. Fraudulent use of a credit card; classification

  1. A person commits fraudulent use of a credit card if the person:
    1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or
    2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.
  2. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 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

    1. 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.

Indecent Exposure

    1. 13-1402. Indecent exposure; exception; classification

      1. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
      2. Indecent exposure does not include an act of breast-feeding by a mother.
      3. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.

Kidnapping

    1. 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

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

    1. [hold the person for involuntary servitude];

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

    1. [aid in the commission of a felony];

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

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

    1. [seize or exercise control over a(n) (airplane) (train) (bus) (ship) (other vehicle)].
    1. 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

    1. 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.

Misconduct Involving Weapons

    1. 13-3102. Misconduct involving weapons; defenses; classification; definitions
    1. A person commits misconduct involving weapons by knowingly:
      1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or
      2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or
      3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or
      4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or
      5. Selling or transferring a deadly weapon to a prohibited possessor; or
      6. Defacing a deadly weapon; or
      7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or
      8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or
      9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or
      10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or
      11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or
      12. Possessing a deadly weapon on school grounds; or
      13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or
      14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or
      15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301.
    2. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person
    3. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
      1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or
      2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or
      3. A warden, deputy warden or correctional officer of the state department of corrections; or
      4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
    4. Subsection A, paragraphs 3 and 7 of this section shall not apply to:
      1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if:
        1. Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and
        2. Reasonable precautions are taken with respect to theft or misuse of such material.
      2. The regular and lawful transporting as merchandise; or
      3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
    5. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
    6. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons that is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
    7. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
    8. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (v), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
    9. Subsection A, paragraph 12 of this section shall not apply to the possession of a:
      1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked.
      2. Firearm for use on the school grounds in a program approved by a school.
    10. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent.
    11. Misconduct involving weapons under subsection A, paragraph 9, 14 or 15 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, 2, 10 or 11 of this section is a class 1 misdemeanor.
  1. For the purposes of this section:
    1. “Public establishment” means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state.
    2. “Public event” means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place.
    3. “School” means a public or nonpublic kindergarten program, common school or high school.
    4. “School grounds” means in, or on the grounds of, a school.

Money Laundering

13-2317. Money laundering; classification; definitions

  1. A person is guilty of money laundering in the first degree if the person does any of the following:
    1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of subsection B of this section.
    2. Violates subsection B of this section in the course of or for the purpose of facilitating terrorism or murder.
  2. A person is guilty of money laundering in the second degree if the person does any of the following:
    1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense.
    2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.
    3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering.
    4. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.
    5. Intentionally or knowingly evades or attempts to evade any reporting requirement under section 6-1241, whether by structuring transactions as described in 31 Code of Federal Regulations part 103, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means.
    6. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:
      1. Fail to file any report or record that is required under section 6-1241.
      2. File such a report or record that contains a material omission or misstatement of fact.
    7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.
    8. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.
    9. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by section 6-1241.
    10. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.
  3. A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following:
    1. In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12.
    2. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.
  4. In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of one hundred thousand dollars or more in any twelve month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve month period.
  5. Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.
  6. For the purposes of this section:
    1. The following terms have the same meaning prescribed in section 6-1201:
      1. “Authorized delegate”.
      2. “Licensee”.
      3. “Money accumulation business”.
      4. “Money transmitter”.
      5. “Trade or business”.
      6. “Transmitting money”.
    2. The following terms have the same meaning prescribed in section 13-2001:
      1. “Falsely alters a written instrument”.
      2. “Falsely completes a written instrument”.
      3. “Falsely makes a written instrument”.
      4. “Forged instrument”.
      5. “Personal identifying information”.
      6. “Written instrument”.
    3. The following terms have the same meaning prescribed in section 13-2301:
      1. “Financial institution”.
      2. “Financial instrument”.
      3. “Racketeering”, except that for the purposes of civil remedies sought by the attorney general, racketeering includes any act, regardless of whether the act would be chargeable or indictable under the laws of this state or whether the act is charged or indicted, that is committed for financial gain, punishable by imprisonment for more than one year under the laws of the United States and described in section 274(a)(1)(A)(i), (ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the conduct acquire a total of more than five thousand dollars through the conduct in a one month period. For the purpose of forfeiture of property other than real property, the conduct must involve more than three aliens in a one month period. For the purpose of forfeiture of real property, the conduct must involve more than fifteen aliens in a one month period.
  7. The following terms have the same meaning prescribed in section 13-2314:
    1. “Acquire”.
    2. “Proceeds”.
  8. For the purposes of this section:
    1. “Offense” has the same meaning prescribed in section 13-105 and includes conduct for which a sentence to a term of incarceration is provided by any law of the United States.
    2. “Superintendent” has the same meaning prescribed in section 6-101.
    3. “Transaction” means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or any other acquisition or disposition of property by whatever means.

Participating in a Criminal Syndicate

13-2308. Participating in or assisting a criminal syndicate; classification

  1. A person commits participating in a criminal syndicate by:
    1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or
    2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or
    3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or
    4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
    5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
  2. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.
  3. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.
  4. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.
  5. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.
  6. Assisting a criminal syndicate is a class 4 felony.
  7. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.

Perjury

13-2702. Perjury; classification

  1. A person commits perjury by making either:
    1. A false sworn statement in regard to a material issue, believing it to be false.
    2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false.
  2. Perjury is a class 4 felony.

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.

Promoting Prison Contraband

13-2505. Promoting prison contraband; classifications; exceptions; x-radiation

  1. A person, not otherwise authorized by law, commits promoting prison contraband:
    1. By knowingly taking contraband into a correctional facility or the grounds of such facility; or
    2. By knowingly conveying contraband to any person confined in a correctional facility; or
    3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.
  2. Any person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report such violation or attempted violation to the official in charge of the facility or to a peace officer.
  3. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.
  4. Notwithstanding any law to the contrary, any person convicted of a violation of this section shall be prohibited from employment by this state or any of its agencies or political subdivisions until the person’s civil rights have been restored pursuant to chapter 9 of this title.
  5. This section does not apply to any of the following:
    1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.
    2. Contraband located at the place where a person is on home arrest.
  6. The state department of corrections may request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband as defined in section 13-2501.

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.

Smuggling

13-2319. Smuggling; classification; definitions

  1. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
  2. A violation of this section is a class 4 felony.
  3. Notwithstanding subsection B, a violation of this section is a class 2 felony if the human being smuggled is under eighteen years of age and not accompanied by a family member over the age of eighteen. Chapter 10 of this title does not apply to a violation of this subsection.
  4. For the purposes of this section:
    1. “Family member” means the person’s parent, grandparent, sibling or any other person related to the person by consanguinity or affinity to the second degree.
    2. “Smuggling of human beings” means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state.

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.
  4. “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.

Taking the Identity of Another

13-2008. Taking identity of another person or entity; knowingly accepting identity of another person; classification

  1. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.
  2. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following:
    1. 1Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information.
    2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a.
  3. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred.
  4. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred.
  5. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
  6. Taking the identity of another person or entity or knowingly accepting the identity of another person is a class 4 felony.

Trafficking in Stolen Property

13-2307. Trafficking in stolen property; classification

  1. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree.
  2. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree.
  3. Trafficking in stolen property in the second degree is a class 3 felony. Trafficking in stolen property in the first degree is a class 2 felony.

Theft of a Credit Card

13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification

  1. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person:
    1. Controls a credit card without the cardholder’s or issuer’s consent through conduct prescribed in section 13-1802 or 13-1804; or
    2. Sells, transfers or conveys a credit card with the intent to defraud; or
    3. With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt.
  2. Theft of a credit card or obtaining a credit card by fraudulent means is a class 5 felony.

Threatening or Intimidating

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.
      4. 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.
      5. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Trafficking in the Identity of Another Person

    1. 13-2010. Trafficking in the identity of another person or entity; classification

      1. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
      2. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
      3. Trafficking in the identity of another person or entity is a class 2 felony.

Unlawful Discharging a Firearm in City Limits

    1. 13-3107. Unlawful discharge of firearms; exceptions; classification; definitions

    1. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
    2. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
    3. This section does not apply if the firearm is discharged:
      1. As allowed pursuant to chapter 4 of this title.
      2. On a properly supervised range.
      3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
      4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
      5. By special permit of the chief of police of the municipality.
      6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
      7. Using blanks.
      8. More than one mile from any occupied structure as defined in section 13-3101.
      9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
    4. For the purposes of this section:
      1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town.
      2. “Properly supervised range” means a range that is any of the following:
      1. Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
      2. Approved by any agency of the federal government, this state or a county or city within which the range is located.
      3. Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.

Unlawful Imprisonment

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.

Use of a Wire in a Drug Transaction

13-3417. Use of wire communication or electronic communication in drug related transactions; classification

  1. It is unlawful for a person to use any wire communication or electronic communication as defined in section 13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title.
  2. Any offense committed by use of a wire communication or electronic communication as set forth in this section is deemed to have been committed at the place where the transmission or transmissions originated or at the place where the transmission or transmissions were received.
  3. A person who violates this section is guilty of a class 4 felony except if the felony facilitated carries a class 5 or 6 designation in which case a violation of this section shall carry the same classification as the felony facilitated.

Witness Tampering

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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