Terms Used In Arizona Laws > Title 13 > Chapter 14 - Sexual Offenses

• Act: means a bodily movement. See Arizona Laws 13-105
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Alternative fuel: means :

  (a) Electricity. See Arizona Laws 1-215

• Arrest: Taking physical custody of a person by lawful authority.
• Associate director: means the associate director of the division. See Arizona Laws 3-3401
• Branch office: means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of. See Arizona Laws 3-3601
• Business license: means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management. See Arizona Laws 3-3601
• Business of pest management: means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

  (a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations. See Arizona Laws 3-3601

• Certification: means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division. See Arizona Laws 3-3401
• Certified applicator: means an individual who is licensed by the division to provide pest management services in accordance with this chapter. See Arizona Laws 3-3601
• Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Arizona Laws 3-3601
• Clean air act: means the clean air act of 1963 (P. See Arizona Laws 3-3511
• Commercial device: means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes. See Arizona Laws 3-3401
• Commodity: means any merchandise, product or substance produced or distributed for sale to or use by others. See Arizona Laws 3-3401
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Conviction: A judgement of guilt against a criminal defendant.
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Arizona department of agriculture. See Arizona Laws 3-101
• Division: means the weights and measures services division of the department. See Arizona Laws 3-3401
• Division: means the pest management division of the department. See Arizona Laws 3-3601
• 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
• Final grade treatment: means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction. See Arizona Laws 3-3601
• Financial security: means liability insurance, a deposit of cash or certified monies, a surety bond or an irrevocable and unconditional letter of credit from a federally chartered financial institution or a financial institution as defined in section 6-101. See Arizona Laws 3-3601
• Fleet owner: means a registered owner or lessee of at least twenty-five vehicles. See Arizona Laws 3-3401
• Gasoline: means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. See Arizona Laws 3-3401
• Gasoline dispensing site: means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel. See Arizona Laws 3-3511
• Gasoline provider: means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. See Arizona Laws 3-3401
• Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
• group home: means a child welfare agency that receives for care and maintenance a child who has been adjudicated dependent or a community residential setting as defined in section 36-551. See Arizona Laws 13-1401
• Household pests: means pests, other than wood-destroying organisms, that invade households or other structures, including rodents, vermin and insects. See Arizona Laws 3-3601
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Inquiry: means an initial investigation of possible violations of this chapter or rules adopted pursuant to this chapter based on information received from the public or division staff. See Arizona Laws 3-3601
• Inspector: means a state official of the division. See Arizona Laws 3-3401
• Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
• mental defect: means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. See Arizona Laws 13-1401
• Minority leader: See Floor Leaders
• Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Motor fuel: means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels. See Arizona Laws 3-3401
• Motor vehicle racing event: means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. See Arizona Laws 3-3401
• New-construction treatment: means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed. See Arizona Laws 3-3601
• Oral sexual contact: means oral contact with the penis, vulva or anus. See Arizona Laws 13-1401
• Other structures: includes railroad cars, boats, docks, motor vehicles or airplanes and their contents. See Arizona Laws 3-3601
• Oxygenate: means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code § 7545(f). See Arizona Laws 3-3401
• Package: means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade. See Arizona Laws 3-3401
• 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
• Person: means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations. See Arizona Laws 3-3401
• Pest management services: means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section 3-3603, subsection B, paragraph 17 for the purpose of eliminating, exterminating, controlling or preventing infestations. See Arizona Laws 3-3601
• Pesticide: means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment. See Arizona Laws 3-3601
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• Political subdivision: means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48. See Arizona Laws 3-3601
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Position of trust: means a person who is or was any of the following:

  (a) The minor's parent, stepparent, grandparent, adoptive parent, legal guardian, aunt, uncle or foster parent. See Arizona Laws 13-1401

• Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
• Postconstruction treatment: means a treatment to control wood-destroying organisms in or around an existing structure performed after all soil disturbance associated with construction is complete and after an applicator has completed an inspection of the structure and a treatment proposal under section 3-3632, subsections A and B. See Arizona Laws 3-3601
• Pretreatment: means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers. See Arizona Laws 3-3601
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Product transfer document: means any bill of lading, loading ticket, manifest, delivery receipt, invoice or other documentation used on any occasion when a person transfers custody or title of motor fuel other than when motor fuel is sold or dispensed at a service station or fleet vehicle fueling facility. See Arizona Laws 3-3401
• Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
• Public weighmaster: means any person who is engaged in any of the following:

  (a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight on which a purchase or sale is to be based or on which a service fee is to be charged. See Arizona Laws 3-3401

• Qualifying party: means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district. See Arizona Laws 3-3601
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registered service agency: means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division. See Arizona Laws 3-3401
• Registered service representative: means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division. See Arizona Laws 3-3401
• School: means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802. See Arizona Laws 3-3601
• Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
• Service vehicle: means a motor vehicle, including a trailer attached to the motor vehicle, that is used to transport equipment or pesticides for the business of pest management. See Arizona Laws 3-3601
• Sexual intercourse: means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva. See Arizona Laws 13-1401
• Spouse: means a person who is legally married and cohabiting. See Arizona Laws 13-1401
• Supplier: means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area. See Arizona Laws 3-3401
• Teacher: means a certificated teacher as defined in section 15-501 or any other person who provides instruction to pupils in any school district, charter school or accommodation school, the Arizona state schools for the deaf and the blind or a private school in this state. See Arizona Laws 13-1401
• Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
• Vehicle emissions control area: means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area. See Arizona Laws 3-3401
• Without consent: includes any of the following:

  (a) The victim is coerced by the immediate use or threatened use of force against a person or property. See Arizona Laws 13-1401

• Wood-destroying insect inspection report: means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction. See Arizona Laws 3-3601
• Wood-destroying organisms: means organisms that attack, damage or destroy wood or wood-derivative products, but does not include birds or mammals. See Arizona Laws 3-3601