HB2520 - 571R

REFERENCE TITLE: defense of duress; unavailable offenses

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

HB 2520

Introduced by

Representatives Way: Biasiucci, Bliss, Carbone, Carter P, Diaz, Fink, Gress, Heap, Hendrix, Kupper, Livingston, Lopez, Marshall, Martinez, Montenegro, Nguyen, Olson, Powell, Taylor, Weninger, Willoughby, Wilmeth

AN ACT

Amending section 13-412, Arizona Revised Statutes; relating to justification.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-412, Arizona Revised Statutes, is amended to read:

START_STATUTE13-412. Duress

A. Conduct which that would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which that resulted or could result in serious physical injury which that a reasonable person in the situation would not have resisted.

B. The defense provided by subsection A of this section is unavailable if one of the following applies:

1. The person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.

C. The defense provided by subsection A is unavailable for offenses involving

2. The offense involves:

(a) Homicide. or

(b) Serious physical injury.