Criminal code

              1999
CRIMINAL CODE
Effective: August 6, 1999

Arizona Supreme Court Administrative Office of the Courts 1501 West Washington Phoenix, Arizona 85007
Document available at www.supreme.state.az.us/aoc/crimcode.htm

MISDEMEANORS, FINES, FINANCIAL ASSESSMENTS, LENGTH OF PROBATION RANGES & JUVENILE OFFENDERS
PENALTIES FOR MISDEMEANORS
 13-707,  13-802,  13-803
JAIL CLASS 1 CLASS 2 CLASS 3 PETTY OFFENSE Up to 6 months jail Up to 4 months jail Up to 30 days jail FINES FINES -- BEFORE SURCHARGES Up to $2,500 (persons) Up to $750 (persons) Up to $500 (persons) Up to $300 (persons) Up to $20,000 (enterprises) Up to $10,000 (enterprises) Up to $2,000 (enterprises) Up to $1,000 (enterprises)

FINES FOR FELONIES -- BEFORE SURCHARGES
 13-801,  13-803
UP TO $150,000 PER CHARGE (PERSONS); UP TO $1,000,000 PER CHARGE (ENTERPRISES)

SURCHARGES AND PENALTY ASSESSMENTS
AMOUNT ADDED TO ALL FINES, PENALTIES AND FORFEITURES  12-116.01 (CJEF)  12-116.02 (MSEF)  16-954 (ELECTIONS)  12-116.01 (STATE AID)  12-116 (TIME PAYMENT)

47%

13%

* 10%

** 7%

$20

* APPLICABLE TO ALL VIOLATIONS COMMITTED ON OR AFTER FEBRUARY 17, 1999. ** APPLICABLE TO ALL VIOLATIONS COMMITTED ON OR AFTER SEPTEMBER 1, 1999.
TOTAL SURCHARGE IS 77% AFTER ADDING THE PENALTY ASSESSMENTS TO ANY FINE, THE JUDGE MAY WAIVE ALL OR PART OF THE TOTAL A S S E S S M E N T (FINES PLUS SURCHARGES), EXCLUDING THE TIME PAYMENT FEE, IF IT WOULD CAUSE A HARDSHIP ON THE CONVICTED PERSON OR CONVICTED PERSON'S IMMEDIATE FAMILY. IF A PORTION OF THE TOTAL ASSESSMENT IS WAIVED, THE AMOUNT ASSESSED MUST BE DIVIDED ACCORDING TO THE PROPORTION THAT THE FINE AND SURCHARGES REPRESENT OF THE TOTAL AMOUNT DUE. WHEN THE TOTAL ASSESSMENT I N C L U D E S A MANDATORY FINE, THE JUDGE MAY WAIVE ALL OR PART OF THE SURCHARGES FOR THAT MANDATORY FINE. HOWEVER, MANDATORY FINES MAY NOT BE REDUCED TO AN AMOUNT LESS THAN THE MANDATORY MINIMUM AND THE SURCHARGES MUST BE REDUCED PROPORTIONATELY; ONE CANNOT BE WAIVED OR REDUCED WITHOUT WAIVING OR REDUCING THE OTHERS. THE TIME PAYMENT FEE MAY NOT BE WAIVED OR REDUCED.

PROBATION RANGES
 13-902
GENERAL CRIMES: UNLESS TERMINATED SOONER, THE TERM OF PROBATION FOR A CLASS 2 FELONY IS UP TO 7 YEARS; CLASS 3 FELONY, UP TO 5 YEARS; CLASS 4 FELONY, UP TO 4 YEARS; CLASS 5 OR 6 FELONY, UP TO 3 YEARS; CLASS 1 MISDEMEANOR, UP TO 3 YEARS; CLASS 2 MISDEMEANOR, UP TO 2 YEARS; AND CLASS 3 MISDEMEANOR, UP TO 1 YEAR. FOR A CONVICTION OF ANY FELONY SEX OFFENSE PURSUANT TO TITLE 13, CHAPTERS 14 AND 35.1, STALKING OFFENSE PURSUANT TO A.R.S.  13-2923 OR CHILD AND VULNERABLE ADULT ABUSE OFFENSE PURSUANT TO A.R.S.  13-3623 OR AN ATTEMPT TO COMMIT ANY OF THESE OFFENSES FOR WHICH PROBATION IS AVAILABLE, THE TERM OF PROBATION SHALL BE FOR AT LEAST THE MAXIMUM TERM OF PROBATION ALLOWED FOR THAT CLASS FELONY AND MAY BE FOR A TERM UP TO LIFE. DUI: FOR A CONVICTION OF A DUI OFFENSE PURSUANT TO A.R.S.  28-1381 OR EXTREME DUI OFFENSE PURSUANT TO A.R.S.  28-1382, THE TERM OF PROBATION IS UP TO 5 YEARS A N D FOR A CONVICTION OF AN AGGRAVATED DUI OFFENSE PURSUANT TO A.R.S.  28-1383, UP TO 10 YEARS.

JUVENILE OFFENDERS
A JUVENILE CONVICTED IN ADULT COURT AS A CHRONIC FELONY OFFENDER PURSUANT TO A.R.S.  13-501 AND PLACED ON PROBATION MUST BE SENTENCED TO A TERM OF INCARCERATION IN THE COUNTY JAIL. THE TERM OF INCARCERATION CANNOT EXCEED ONE YEAR. A.R.S.  13-608.

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DRUG OFFENSE SENTENCING RANGES
DRUG THRESHOLD AMOUNTS - (  13-3401)
DRUG
Amphetamine & Methamphetamine Cocaine Heroin LSD Marijuana PCP

THRESHOLD AMOUNT
9 grams 9 grams (powder form) -- 750 milligrams (rock form) 1 gram 1/2 milliliter (liquid form) -- 50 dosage units (blotter form) 2 pounds 4 grams or 50 milliliters

For any combination consisting solely of the drugs listed above, the threshold is an amount equal to or in excess of the threshold amount as determined by the application of A.R.S.  13-3420. For any drug not listed above or any combination of drugs not listed above, the threshold is an amount with a value of at least $1,000.

DRUG OFFENSES - MULTIPLE OFFENSES
Below Statutory Threshold Amounts ( 13-3419)
CLASS

DRUG OFFENSES - MULTIPLE OFFENSES
Above Statutory Threshold Amounts ( 13-3419)
CLASS

SECOND OFFENSE
MIN P 5 3.5 2.5 1.5 MAX 10 (12.5) 7 (8.75) 3 (3.75) 2 (2.5) (3)* 4 (2)* 2.5 (1)* 1.5 (.5)* .75

SUBSEQUENT OFFENSES
MIN (3)* 4 (2)* 2.5 (1)* 1.5 P 5 3.5 2.5 MAX 10 (12.5) 7 (8.75) 3 (3.75) 2 (2.5)

SECOND OFFENSE
MIN P 5 3.5 2.5 1.5 MAX 10 (12.5) 7 (8.75) 3 (3.75) 2 (2.5) (3)* 4 (2)* 2.5 (1)* 1.5 (.5)* .75

SUBSEQUENT OFFENSES
MIN 4 2.5 1.5 0.75 P 7 5 3 2.5 MAX 12 (15) 9 (11.25) 5 (6.25) 4 (5)

2 3 4 5

2 3 4 5

(.5)* .75 1.5

Probation eligible

For non-multiple drug offense sentencing ranges, refer to the general crimes sentencing ranges.

 Approximate 25% increase: 2 or more substantial aggravating factors. A.R.S.  13-3419 (B). * Approximate 25% reduction: 2 or more substantial mitigating factors. A.R.S.  13-3419 (C).
A defendant may earn release credits of one day for every six days served. Commutation is possible.

PERSONAL POSSESSION & USE OF DRUGS ( 13-901.01)
A person convicted of a first or second offense for the personal possession or use of a controlled substance as defined in A.R.S.  36-2501 must be placed on probation. This mandatory probation provision does not apply to persons convicted of a violent offense defined in A.R.S.  13-604.04. Participation in an appropriate drug treatment or education program is a required condition of probation. Each person enrolled in a program shall pay for participation in the program to the extent of the person's financial ability.

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GENERAL CRIMES SENTENCING RANGES
NON-DANGEROUS OFFENSES
CLASS

FIRST OFFENSE
MIN P 5 3.5 2.5 1.5 1 MAX 10 (12.5) 7 (8.75) 3 (3.75) 2 (2.5) 1.5 (2) (3)* 4 (2)* 2.5 (1)* 1.5 (.5)* .75 (.33)* .5

ONE HISTORICAL PRIOR
MIN (4.5)* 6 (3.5)* 4.5 (2.25)* 3 (1)* 1.5 (.75)* 1 P 9.25 6.5 4.5 2.25 1.75 MAX 18.5 (23.25) 13 (16.25) 6 (7.5) 3 (3.75) 2.25 (2.75)

TWO HISTORICAL PRIORS
MIN (10.5)* 14 (7.5)* 10 (6)* 8 (3)* 4 (2.25)* 3 P 15.75 11.25 10 5 3.75 MAX 28 (35) 20 (25) 12 (15) 6 (7.5) 4.5 (5.75)

2 3 4 5 6

Probation eligible, except for single drug offenses involving manufacture or in which the amount exceeds the statutory threshold. Convictions for first offense sexual assault: minimum of 5.25 years, presumptive of 7 years and a maximum of 14 years with no early release unless the sentence is commuted.

NON-DANGEROUS OFFENSES - MULTIPLE OFFENSES - (  13-702.02)
CLASS

SECOND OFFENSE
MIN P 5 3.5 2.5 1.5 1 MAX 10 (12.5) 7 (8.75) 3 (3.75) 2 (2.5) 1.5 (2)

SUBSEQUENT OFFENSES
MIN (4.5)* 6 (3.5)* 4.5 (2.25)* 3 (1)* 1.5 (.75)* 1 P 9.25 6.5 4.5 2.25 1.75 MAX 18.5 (23.25) 13 (16.25) 6 (7.5) 3 (3.75) 2.25 (2.75)

2 3 4 5 6

(3)* 4 (2)* 2.5 (1)* 1.5 (.5)* .75 (.33)* .5

DANGEROUS OFFENSES
CLASS

FIRST OFFENSE
MIN P 10.5 7.5 6 3 2.25 MAX 21 15 8 4 3

ONE HISTORICAL DANGEROUS PRIOR
MIN 14 10 8 4 3 P 15.75 11.25 10 5 3.75 MAX 28 20 12 6 4.5

TWO HISTORICAL DANGEROUS PRIORS
MIN 21 15 12 6 4.5 P 28 20 14 7 5.25 MAX 35 25 16 8 6

2 3 4 5 6

7 5 4 2 1.5

DANGEROUS OFFENSES - MULTIPLE OFFENSES - (  13-702.02)
CLASS

SECOND DANGEROUS OFFENSE
MIN/P MAX 21 (26.25) 15 (18.75) 8 (10) 4 (5) 3 (3.75)

SUBSEQUENT DANGEROUS OFFENSES
MIN/P 15.75 11.25 10 5 3.75 MAX 28 (35) 20 (25) 12 (15) 6 (7.5) 4.5 (5.75)

2 3 4 5 6

10.5 7.5 6 3 2.25

* Approximate 25% reduction: 2 or more substantial mitigating factors. A.R.S.  13-702.01  Approximate 25% increase: 2 or more substantial aggravating factors. A.R.S.  13-702.01
A defendant may earn release credits of one day for every six days served. Commutation is possible. A person convicted of a violent crime as defined in A.R.S.  13-604.04 committed while the person is under the influence of marijuana, a dangerous drug or a narcotic drug is not eligible for release or probation until the entire sentence has been served.

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DANGEROUS CRIMES AGAINST CHILDREN SENTENCING RANGES
CATEGORY

FIRST
MIN P 20 17 5 10 MAX 27 24 7.5 15 13 10 2.5 5

ONE PREDICATE PRIOR
MIN 23 21 8 5 P 30 28 15 10 MAX 37 35 22 15

TWO PREDICATE PRIORS
MIN P LIFE LIFE N/A N/A MAX 0 0 0 0

CATEGORY

A B C

1

CATEGORY

2 3

CATEGORY

CATEGORY

D

4

Probation eligible

1

Second degree murder, sexual assault, taking a child for the purpose of prostitution, child prostitution, sexual conduct with a minor or continuous sexual abuse of a child, involving or using minors in drug offenses, or attempted first degree murder. This category addresses offenses involving a victim who is 12, 13, or 14 years of age. A.R.S.  13-604.01 (B).. (C) Aggravated assault, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, child abuse or kidnapping. A.R.S.  13-604.01 (C). (D). Sexual abuse. A.R.S.  13-604.01 (D). (E). Preparatory offenses. A.R.S.  13-604.01 (H). (I).

2 3 4

Categories A and B: Unless commuted, not eligible for suspension, probation, pardon or release from confinement on any basis until the complete sentence is served. Categories C and D: A defendant may earn release credits of one day for every six days served. Commutation is possible.

A prison sentence imposed for a conviction of child molestation or sexual abuse may be served concurrently with other sentences if the offense involved only one victim. The sentence imposed for any other dangerous crime against children in the first or second degree shall be consecutive to any other sentence imposed at any time, including child molestation and sexual abuse of the same victim. A.R.S.  13-604.01 (K). A person who is at least eighteen years of age who is convicted of a dangerous crime against children in the first degree involving sexual assault or sexual conduct with a minor, and the victim is twelve years of age or younger, shall be sentenced to life imprisonment and is not eligible for suspension, probation, pardon or release from confinement on any basis until the person has served thirty-five years. This provision does not apply to masturbatory contact. A.R.S.  13-604.01 (A). A person convicted of a dangerous crime against children in the first degree involving second degree murder, sexual assault, sexual conduct with a minor or attempted first degree murder, and the victim is under twelve years of age, may be sentenced to life imprisonment and is not eligible for suspension, probation, pardon or release from confinement on any basis until the person has served thirty-five years. If a life sentence is not imposed, the defendant shall be sentenced to a presumptive term of twenty years. A.R.S.  13-604.01 (B).

FIRST AND SECOND DEGREE MURDER
1ST DEGREE MURDER: DEATH; LIFE SENTENCE WITHOUT RELEASE ON ANY BASIS FOR THE REMAINDER OF THE DEFENDANT'S NATURAL LIFE. (AN ORDER SENTENCING THE DEFENDANT TO NATURAL LIFE IS NOT SUBJECT TO COMMUTATION OR PAROLE, WORK FURLOUGH OR WORK RELEASE.) IF THE COURT DOES NOT SENTENCE THE DEFENDANT TO NATURAL L I F E , THE DEFENDANT SHALL NOT BE RELEASED ON ANY BASIS UNTIL HAVING SERVED 25 CALENDAR YEARS IF THE VICTIM WAS 15 YEARS OF AGE OR OLDER AND 35 CALENDAR YEARS IF THE VICTIM WAS UNDER 15 YEARS OF AGE. A.R.S.  13-703.

2ND DEGREE MURDER: EXCEPT AS PROVIDED IN A.R.S.  13-604 (S) OR A.R.S.  13-604.01, IMPRISONMENT FOR 16 CALENDAR YEARS WITH A POSSIBLE INCREASE OR DECREASE OF 6 YEARS FOR AGGRAVATING OR MITIGATING CIRCUMSTANCES. EXCEPT AS PROVIDED IN A.R.S.   1 3 - 6 0 4 (S) OR A.R.S.  13-604.01, A PERSON PREVIOUSLY CONVICTED OF 2ND DEGREE MURDER OR A CLASS 2 OR 3 FELONY INVOLVING THE USE OR EXHIBITION O F A DEADLY WEAPON OR DANGEROUS INSTRUMENT OR THE INTENTIONAL OR KNOWING INFLICTION OF SERIOUS PHYSICAL INJURY ON ANOTHER PERSON SHALL B E IMPRISONED FOR 20 CALENDAR YEARS WITH A POSSIBLE INCREASE OR DECREASE OF 5 YEARS FOR AGGRAVATING OR MITIGATING CIRCUMSTANCES. A.R.S.  13-710.

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COMMUNITY SUPERVISION RANGES
NON-DANGEROUS OFFENSES
CLASS MIN 2 3 4 5 6 (5m) 7m (3m) 4m (2m) 3m (1m) 1m (1m) 1m

FIRST OFFENSE
P 9m 6m 4m 3m 2m MAX 1y5m (1y9m) 1y (1y3m) 5m (6m) 3m (4m) 3m (3m)

ONE HISTORICAL PRIOR
MIN (8m) 10m (6m) 8m (4m) 5m (2m) 3m (1m) 2m P 1y4m 11m 8m 4m 3m MAX 2y8m (3y4m)
1y10m (2y4m)

TWO HISTORICAL PRIORS
MIN (1y6m) 2y (1y1m) 1y5m (10m) 1y2m (5m) 7m (4m) 5m P 2y3m 1y7m 1y5m 9m 6m MAX 4y (5y)
2y10m (3y7m) 1y9m (2y2m)

10m (1y1m) 5m (6m) 4m (5m)

10m (1y1m) 8m (10m)

NON-DANGEROUS OFFENSES- MULTIPLE OFFENSES ( 13-702.02)
CLASS MIN 2 3 4 5 6 (5m) 7m (3m) 4m (2m) 3m (1m) 1m (1m) 1m

SECOND OFFENSE
P 9m 6m 4m 3m 2m MAX 1y5m (1y9m) 1y (1y3m) 5m (6m) 3m (4m) 3m (3m) MIN (8m) 10m (6m) 8m (4m) 5m (2m) 3m (1m) 2m

SUBSEQUENT OFFENSES
P 1y4m 11m 8m 4m 3m MAX 2y8m (3y4m) 1y10m (2y4m) 10m (1y1m) 5m (6m) 4m (5m)

DANGEROUS OFFENSES
CLASS MIN 2 3 4 5 6 1y 9m 7m 3m 3m

FIRST OFFENSE
P 1y6m 1y1m 10m 5m 4m MAX 3y 2y2m 1y2m 7m 5m

ONE HISTORICAL DANGEROUS PRIOR
MIN 2y 1y5m 1y2m 7m 5m P 2y3m 1y7m 1y5m 9m 6m MAX 4y 2y10m 1y9m 10m 8m

TWO HISTORICAL DANGEROUS PRIORS
MIN 3y 2y2m 1y9m 10m 8m P 4y 2y10m 2y 1y 9m MAX 5y 3y7m 2y3m 1y2m 10m

DANGEROUS OFFENSES - MULTIPLE OFFENSES - (  13-702.02)
CLASS 2 3 4 5 6

SECOND DANGEROUS OFFENSE
MIN/P 1y6m 1y1m 10m 5m 4m MAX 3y (3y9m) 2y2m (2y8m) 1y2m (1y5m) 7m (9m) 5m (6m)

SUBSEQUENT DANGEROUS OFFENSES
MIN/P 2y3m 1y7m 1y5m 9m 6m MAX 4y (5y) 2y10m (3y7m) 1y9m (2y2m) 10m (1y1m) 8m (10m)

For each prison sentence imposed, the court must order a term of community supervision to run consecutive to the prison sentence. * The community supervision term is one day for every seven days of the sentence imposed, A.R.S.  13-603 (I), except pursuant to A.R.S.  13-603 (J). A.R.S.  13-603 (J) The court shall round the term of community supervision . . . A term of community supervision shall only be given in increments of years or months. In calculating the term of community supervision, all fractions of the month may be increased or decreased to the nearest month, except for a class 5 or 6 felony which shall not be less than one month. * * If the court sentences a person to serve a consecutive term of probation immediately after the person serves a term of imprisonment, the court may waive community supervision and order that the person begin serving the term of probation upon release from confinement. The court must sentence the person to a term of probation equal to or greater than the term of community supervision that would have been imposed. The court may retroactively waive the term of community supervision or that part remaining to be served if the community supervision was imposed prior to 7/21/97. A.R.S.  13-603 (K).

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