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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
justification; criminal offenses
Purpose
Establishes that justification is a defense in any prosecution of a criminal offense.
Background
Arizona's Criminal Code, located in Title 13 of the Arizona Revised Statutes, contains criminal offenses and outlines terms for sentencing and imprisonment, restitution and fines and classifications of offenses among other subjects categorized into chapters. A crime does not need to be enumerated in the Arizona Criminal Code to be considered a criminal offense if it is outlined in another title of statute.
Chapter Four of the Arizona
Criminal Code identifies justification defenses that may be used in any
prosecution for an offense pursuant to Title 13. Justification under Chapter
Four of the Arizona Revised Statutes covers a variety of actions, including: 1)
the use of physical force;
2) self-defense; 3) duress; and 4) defensive display of a firearm.
Justification is unavailable as a defense in a prosecution for the reckless
injury or killing of an innocent third person (A.R.S.
§ 13-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that justification is a defense in any prosecution of a criminal offense rather than only offenses enumerated in the Arizona Criminal Code.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 11, 2020
JA/ML/kja