Arizona Laws 13-410. Justification; use of deadly physical force in law enforcement
A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
Terms Used In Arizona Laws 13-410
- Arrest: Taking physical custody of a person by lawful authority.
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 13-105
- Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
- escape: means :
(i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not allowed, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 13-105
1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
2. A felon who has escaped from lawful confinement; or
3. A felon who is fleeing from justice or resisting arrest with physical force.
B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:
1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.
(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another’s potential use of physical force or deadly physical force.