ARS 28/ 13

13-1204. Aggravated assault; classification; definitions A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument. 3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. subsection A, paragraph 1 or 2 of this section committed on a peace officer or an employee of a law enforcement agency is a class 2 felony. paragraph 3 of this section committed on a peace officer or an employee of a law enforcement agency is a class 3 felony.

13-1211. Discharging a firearm at a structure; classification; definitions

A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony. B. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.

13-1903. Aggravated robbery; classification A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.

B. Aggravated robbery is a class 3 felony.

13-1904. Armed robbery; classification A. A person commits armed robbery if, in the course of committing robbery as proscribed in section 13-1902, the person or an accomplice does any of the following: 1. Is armed with a deadly weapon or a simulated deadly weapon. 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. 3. Takes possession of or attempts to take possession of a deadly weapon.

B. Armed robbery is a class 2 felony.

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< $1,000 class 5 felony if the property had a value of more than $100 > $1,000 class 1 misdemeanor if the property $0 > $100

13-1203. Assault; classification A. A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

13‐1507. Burglary in the second degree; classification A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.

B. Burglary in the second degree is a class 3 felony

13‐1506. Burglary in the third degree; classification A. A person commits burglary in the third degree by: 1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. 2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a class 4 felony.

3-1503. Criminal trespass in the second degree; classification A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.

13-1201. Endangerment; classification A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

13-1304. Kidnapping; classification; consecutive sentence A. A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2. Hold the victim for involuntary servitude; or 3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or 4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or

B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before 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 13-705.

13-1702. Reckless burning; classification A. A person commits reckless burning by recklessly causing a fire or explosion which results in damage to an occupied structure, a structure, wildland or property.

B. Reckless burning is a class 1 misdemeanor.

13-1902. Robbery; classification A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.

B. Robbery is a class 4 felony.

13-1502. Criminal trespass in the third degree; classification A. A person commits criminal trespass in the third degree by: 1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. 2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

C. Criminal trespass in the third degree is a class 3 misdemeanor.

13-1102. Negligent homicide; classification A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

C. Negligent homicide is a class 4 felony.

13-1404. Sexual abuse; classification A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast. B. It is not a defense to a prosecution for a violation of this section that the other person consented if the other person was fifteen, sixteen or seventeen years of age and the defendant was in a position of trust.

C. Sexual abuse is a class 5 felony under fifteen years of age is a class 3

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

C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest in which case it is a class 1 misdemeanor.

3-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.

D. Drive by shooting is a class 2 felony.

13-1103. Manslaughter; classification A. A person commits manslaughter by doing any of the following: 1. Recklessly causing the death of another person.

D. Manslaughter is a class 2 felony.

13-1406. Sexual assault; classification; increased punishment A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.

Sexual assault is a class 2 felony,

13‐1508. Burglary in the first degree; classification A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13‐1506 or 13‐1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a

a class 3 felony. It is a class 2 felony if committed in a residential structure.

13‐1505. Possession of burglary tools; master key; manipulation key; classification A. A person commits possession of burglary tools by: 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13‐1506, 13‐1507 and 13‐1508 and intending to use or permit the use of such an item in the commission of a burglary.

class 6 felony.

13-1504. Criminal trespass in the first degree; knowingly: 1. Entering or remaining unlawfully in or on a residential structure. 2. Entering or remaining unlawfully in a fenced residential yard. 3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy. 4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. 6. Entering or remaining unlawfully in or on a critical public service facility.

subsection A, paragraph 6 of this section is a class 5 felony paragraph 1 or 5 of this section is a class 6 felony paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.

13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; public services; classification A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by: 1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or 2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or 3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or 4. Transferring the goods from one container to another; or 5. Concealment.

$1,000 > $2,000 / Guns C6F $1,000 < $1 C1M

13‐1802. Theft; classification; definitions A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; o

$25,000 or more is a class 2 Felony $4,000 ‐ $25,000 is a class 3 Felony $3,000 ‐ $4,000 is a class 4 Felony / any engine/transmission 2,000 ‐ $3,000 is a class 5 Felony $1,000 ‐ $2,000 is a class 6 Felony Firearm, Engine, or Transmission is always class 4 Felony Under $1,000 is a class 1 Misdemeanor

3-1402. Indecent exposure; exception; classification A. 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.

. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor, except that it is a class 6 felony if the defendant has two or more prior convictions under fifteen years of age is a class 6 felony.

13-1104. Second degree murder; classification A person commits second degree murder if without premeditation: 1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or 2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

. Second degree murder is a class 1 felony and is punishable as provided by section 13-705 if the victim is under fifteen years of age or is an unborn child, section 13-706, subsection A or section 13-710.

13-1602. Criminal damage; classification A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as substantially to impair its function or value. 3. Recklessly damaging property of a utility.

1. Criminal damage is a class 4 felony an amount of $10,000> or more. 2. Criminal damage is a class 4 felony a utility in an amount of $5,000 > or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person. 4. Criminal damage is a class 6 felony $1,000 > $2,000 5. Criminal damage is a class 1 misdemeanor $250> $1,000. 6. In all other cases criminal damage is a class 2 misdemeanor.

13-1604. Aggravated criminal damage; classification A. A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner 1. Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose. 2. Defacing or damaging any building, structure or place used as a school or as an educational facility. 3. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead. 4. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.

A class 6 felony for paragraph 1,2,3 A class 5 felony for paragraph 4 $1,500 >$10,000 paragraph 1, 2 or 3 of this section is a class 5 felony. $1,500 >$10,000 paragraph 4 of this section is a class 4 felony. $10,000+ paragraph 1, 2 or 3 of this section is a class 4 felony. $10,000+ paragraph 4 of this section is a class 3 felony.

13-1204. Aggravated assault; classification; definitions 4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired. 5. If the person commits the assault after entering the private home of another with the intent to commit the assault. 6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age. 8. cops, ems , fire , teacher

Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony. paragraph 8, subdivision (a) or (k) of this section committed on a peace officer or an employee of a law enforcement agency is a class 5 felony unless the assault results in any physical injury to the peace officer or employee, in which case it is a class 4 felony.

13-1202. Threatening or intimidating; classification A. 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.

B. 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. C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

13-1105. First degree murder; classification A. A person commits first degree murder if: 1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-751 and 13-752.

DUI / Physical control Slightest Degree C1M 28-1381.A1 DUI / B.A.C. > 0.08% or more C1M 28-1381.A2 DUI / Drugs or Metabolite (13-3401) C1M 28-1381.A3 DUI / Driving Commercial Vehicle=BAC 04% or more C1M 28-1381.A4 Extreme DUI - BAC = 0.15% - 0.199% C1M 28-1382.A1 Extreme DUI - BAC = .20% or Above C1M 28-1382.A2 Under 21 w/ ANY alcohol in body (3511 Vehicle) C2M 4-244.34 Consuming Liquor in a Moving Vehicle C2M 4-251.A.1 Poss Open Alcoholic Container in Pass Compartment C2M 4-251.A.2 Agg DUI - DUI While D/L Susp'd, Revok'd, Cancel'd C4F 28-1383.A.1 Agg DUI - 3rd DUI in 7 Years (84 Months) C4F 28-1383.A.2 Agg DUI - DUI W/ Passenger Under 15 YOA C6F 28-1383.A.3 Agg DUI - DUI W/ Vehicle Interlock Device Req. C4F 28-1383.A.4 Agg DUI - DUI While Driving WRONG WAY C4F 28-1383.A.5

DUI

3-1410. Molestation of a child; classification A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.

Molestation of a child is a class 2 felony

13-1405. Sexual conduct with a minor; classification A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

Sexual conduct with a minor who is under fifteen years of age is a class 2 felony Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is or was in a position of trust and the convicted person is not eligible for suspension of sentence,

13‐1814. Theft of means of transportation; affidavit; classification A . A person commits theft of means of transportation if, without lawful authority, the person knowingly does one of the following: 1. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation

Theft of means of transportation is a class 3 felony

Leaving scene / Driven & Attended Vehicle Accident C2M 28-662.A1 Leaving scene W/O providing; Name, Address, Reg # C2M 28-662.A.2 Fail to stop w/o obstructing traffic C2M 28-662.A.3 Leaving scene / Striking unattended vehicle C3M 28-664.A.1 Fail to notify striking unattended vehicle C3M 28-664.A.2 Leaving scene / striking fixture by roadway C3M 28-665.A.1 Fail to provide info at injury/fatal accident C3M 28-663.A.1 Fail to show DL at injury/fatal accident C3M 28-663.A.2 Fail to render aid at injury/fatal accident C6F 28-663.A.3 Leaving Scene / Physical Injury ONLY C5F 28-661.A.1.C Leave Scene - Death or Serious Physical injury C3F 28-661.A.1 If Driver who caused accident = Leaves Scene C2F 28-661.A.1.B Fail to Provide Info / Leave Scene - Death or Phy injury C3F 28-661.A.2

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