A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage under section 13-1602, subsection A, paragraph 3 and subsection B, paragraph 1 or 2, misconduct involving weapons under section 13-3102, subsection A, paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902.

Terms Used In Arizona Laws 13-4903

  • Act: means a bodily movement. See Arizona Laws 13-105
  • Armed nuclear security guard: means a security guard who works at a commercial nuclear generating station, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm. See Arizona Laws 13-4901
  • Commercial nuclear generating station: means an electric power generating facility that is owned by a public service corporation, a municipal corporation or a consortium of public service corporations or municipal corporations and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located. See Arizona Laws 13-4901
  • 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
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Structure or fenced yard: means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a commercial nuclear generating station and that is posted with signage indicating it is a felony to trespass. See Arizona Laws 13-4901

B. Notwithstanding sections 13-403, 13-404, 13-405, 13-406, 13-408, 13-409, 13-410 and 13-411, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to:

1. Prevent the commission of manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, aggravated assault under section 13-1204, subsection A, paragraph 1 or 2, kidnapping under section 13-1304, burglary in the second or first degree under section 13-1507 or 13-1508, arson of a structure or property under section 13-1703, arson of an occupied structure under section 13-1704, armed robbery under section 13-1904 or an act of terrorism under Section 13-2308.01.

2. Defend oneself or a third person from the use or imminent use of deadly physical force.

C. Notwithstanding any other provision of this chapter, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person’s potential use of physical force or deadly physical force.

D. An armed nuclear security guard is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to this chapter.