Title 13 Criminal Law Elements

What are the elements of ARS 13-1203 Assault (3 ways to commit)?

1. Intentionally/knowingly/recklessly causing physical injury; 2. Intentionally placing another in reasonable apprehension of imminent physical injury; 3. Knowingly touching another with intent to injure/insult/provoke.

What elevates an offense to ARS 13-1204 Aggravated Assault?

Assault plus an aggravating factor: causing serious physical injury, using a deadly weapon/dangerous instrument, committing it against a bound peace officer, or entering a private home to commit it.

What are the elements of ARS 13-1303 Unlawful Imprisonment?

Knowingly restraining another person without lawful authority (does not require a specific structure or moving the person).

What are the elements of ARS 13-1304 Kidnapping?

Knowingly restraining another person with intent to: hold for ransom/shield, hold as a hostage, facilitate a felony, inflict physical injury/sexual offense, or interfere with a governmental function.

What are the elements of ARS 13-1502 Criminal Trespass in the Third Degree?

Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner, or ignoring a reasonable notice (like a sign).

What are the elements of ARS 13-1503 Criminal Trespass in the Second Degree?

Knowingly entering or remaining unlawfully in or on a non-residential structure or a fenced commercial yard.

What are the elements of ARS 13-1504 Criminal Trespass in the First Degree?

Knowingly entering/remaining unlawfully in a residential structure, a fenced residential yard, or entering a public utility/critical facility.

What are the elements of ARS 13-1506 Burglary in the Third Degree?

1. Entering or remaining unlawfully in or on a non-residential structure or a fenced commercial/residential yard; 2. With the intent to commit any theft or felony therein.

What are the elements of ARS 13-1507 Burglary in the Second Degree?

1. Entering or remaining unlawfully in or on a residential structure; 2. With the intent to commit any theft or felony therein.

What are the elements of ARS 13-1508 Burglary in the First Degree?

Committing Burglary 2nd or 3rd while knowingly possessing an explosives, a deadly weapon, or a dangerous instrument in the course of committing the offense.

What are the elements of ARS 13-1602 Criminal Damage?

Recklessly defacing, damaging, or tampering with another person's property, or recklessly causing substantial impairment of its utility or value.

What are the elements of ARS 13-1802 Theft?

Without lawful authority, knowingly controlling property of another with the intent to deprive them of that property, or converting services without paying.

What are the elements of ARS 13-1902 Robbery?

In the course of taking property of another from their person or immediate presence against their will, the perpetrator uses or threatens the immediate use of physical force.

What are the elements of ARS 13-1903 Aggravated Robbery?

Committing Robbery (ARS 13-1902) while being aided by one or more accomplices actually present.

What are the elements of ARS 13-1904 Armed Robbery?

Committing Robbery (ARS 13-1902) while armed with a deadly weapon, a simulated deadly weapon, or using/threatening to use a deadly weapon or dangerous instrument.

What are the elements of ARS 13-2904 Disorderly Conduct (disturbance of peace)?

With intent to disturb the peace of a neighborhood/person (or knowing it will do so): engaging in violent behavior, making unreasonable noise, using offensive language, or disrupting a lawful assembly.

What are the elements of ARS 13-2904.A.6 Disorderly Conduct with a Weapon?

Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument with the intent to disturb the peace of a neighborhood or person.

What constitutes ARS 13-3601 Domestic Violence under Arizona law?

DV is not a standalone crime. It is a legal relationship classification applied to an underlying crime (like assault or criminal damage) when the victim and suspect are married, related, have a child together, or live/lived together.

What are the statutory elements of an "Accomplice" under ARS 13-301?

A person who, with the intent to promote/facilitate an offense, solicits, commands, aids, counsels, or provides means/opportunity to another to commit the offense.

Define the Culpable Mental State: Intentionally (ARS 13-105).

A person's conscious objective is to cause the specific result or to engage in the specific conduct described by the statute.

Define the Culpable Mental State: Knowingly (ARS 13-105).

A person is aware or believes that their conduct is of that nature or that the circumstance exists (does not require intent to cause a specific result).

Define the Culpable Mental State: Recklessly (ARS 13-105).

A person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.

Define the Culpable Mental State: Criminal Negligence (ARS 13-105).

A person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists, representing a gross deviation from the standard of care.

What is the definition of a "Residential Structure" under Title 13?

Any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging.

What is the definition of a "Non-Residential Structure" under Title 13?

Any structure other than a residential structure (e.g., a commercial store, a standalone shed, a detached garage).