Sections
Article 1 Prevention of Offenses 13-3801 – 13-3806
Article 2 Security to Keep the Peace 13-3811 – 13-3816
Article 3 Registration of Sex Offenders and Offender Monitoring 13-3821 – 13-3829
Article 4 Close Pursuit 13-3831 – 13-3834
Article 5 Uniform Criminal Extradition Act 13-3841 – 13-3870.02
Article 6 Authority of Peace Officers Outside Geographical Area of Agency 13-3871 – 13-3875
Article 7 Arrest 13-3881 – 13-3907
Article 8 Search Warrant 13-3911 – 13-3925
Article 9 Search of the Accused 13-3931
Article 10 Disposition of Seized Property in Custody of Magistrate or Peace Officer 13-3941 – 13-3942
Article 11 Preliminary Hearings 13-3951 – 13-3952
Article 12 Bail 13-3961 – 13-3974
Article 13 Trials 13-3981 – 13-3990
Article 14 Procedures on Issue of Insanity of Defendant 13-3991 – 13-3994
Article 16 Costs, Fees, and Disposition of Fines and Forfeitures 13-4011 – 13-4014
Article 17 Insanity or Pregnancy of Person Under Death Sentence 13-4021 – 13-4026
Article 18 Appeals 13-4031 – 13-4042
Article 19 Entry of Clearance on Records 13-4051
Article 20 Competency and Privileges 13-4061 – 13-4066
Article 21 Attendance of Witnesses 13-4071 – 13-4077
Article 22 Material Witnesses 13-4081 – 13-4084
Article 23 Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings 13-4091 – 13-4096
Article 24 Deposition of Witness Within the State 13-4101 – 13-4105
Article 25 Deposition of Witness Without the State 13-4111 – 13-4116
Article 26 Habeas Corpus 13-4121 – 13-4147
Article 27 Crime Victim Accounts 13-4201 – 13-4202
Article 28 Retention and Preservation of Biological Evidence 13-4221
Article 29 Post-Conviction Relief 13-4231 – 13-4240
Article 30 Child Witnesses 13-4251 – 13-4253
Article 31 Complaints 13-4261
Article 32 Cold Cases 13-4271
Article 33 Authority to Seize Animals 13-4281
Article 34 Tracking and Cell Site Simulator Device Search Warrants 13-4291 – 13-4294

Terms Used In Arizona Laws > Title 13 > Chapter 38

  • Accused: means a person who has been arrested for a felony committed in the state of Arizona and either has been bound over for trial pursuant to a finding by a magistrate during a preliminary hearing of probable cause or has waived such a preliminary hearing or who has been lawfully indicted. See Arizona Laws 13-4201
  • Acquisition of control: means any transaction whereby a person obtains, directly or indirectly, control of a bank, trust company, savings and loan association or controlling person. See Arizona Laws 6-141
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means a bodily movement. See Arizona Laws 13-105
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Automated teller machine: means an automated device that is established by a bank, savings and loan association or credit union and that facilitates customer-bank communications activities, including taking deposits and disbursing cash drawn against a customer's deposit account or a customer's preapproved loan account, at a location separate from the home office or a branch. See Arizona Laws 6-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Banking office: means any place of business of the bank at which deposits are received, checks are paid or money is loaned but does not include the premises used for computer operations, proofing, record keeping, accounting, storage, maintenance or other administrative or service functions. See Arizona Laws 6-101
  • Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Capital offense: A crime punishable by death.
  • Cell site simulator device: means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device. See Arizona Laws 13-4291
  • Cell site simulator device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to identify a communications device through the use of a cell site simulator device. See Arizona Laws 13-4291
  • Commission: means the state industrial commission. See Arizona Laws 13-4201
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communications device: means any device that allows the device's user to send or receive oral, wire or electronic communications or computer services. See Arizona Laws 13-4291
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604. See Arizona Laws 13-105
  • Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Control: means direct or indirect ownership of or power to vote fifteen per cent or more of the outstanding voting securities of a bank, trust company, savings and loan association or controlling person or to control in any manner the election of a majority of the directors of a bank, trust company, savings and loan association or controlling person. See Arizona Laws 6-141
  • Controlling person: means any person directly or indirectly in control of a bank, trust company or savings and loan association. See Arizona Laws 6-141
  • Conviction: A judgement of guilt against a criminal defendant.
  • Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
  • criminal offense: includes any of the following:

    (a) A felony or misdemeanor offense. See Arizona Laws 13-3841

  • Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
  • Criminal street gang member: means an individual to whom at least two of the following seven criteria that indicate criminal street gang membership apply:

    (a) Self-proclamation. 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
  • Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
  • Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • 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 permitted, 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

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Arizona Laws 13-3841
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal deposit insurance corporation: includes any successor to the corporation or other agency or instrumentality of the United States that undertakes to discharge the purposes of the corporation. See Arizona Laws 6-101
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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
  • Governor: includes any person performing the functions of governor by authority of the law of this state. See Arizona Laws 13-3841
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Home state: means the state that has granted the bank its charter, permit or license to operate. See Arizona Laws 6-101
  • 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.
  • In-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office located in this state. See Arizona Laws 6-101
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • material witness: means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case. See Arizona Laws 13-4081
  • mentally incompetent to be executed: means that due to a mental disease or defect a person who is sentenced to death is presently unaware that he is to be punished for the crime of murder or that he is unaware that the impending punishment for that crime is death. See Arizona Laws 13-4021
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nontarget data: means information that is collected by a cell site simulator device pursuant to a search warrant that is issued under section 13-4293 or section 13-4294 and that identifies a communications device that is not related to the subject of the search warrant. See Arizona Laws 13-4291
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Out-of-state bank: means a bank, savings bank or savings and loan association that is approved by the superintendent pursuant to section 6-322 and that has a charter, a permit or any other license to operate that is issued by a state other than this state. See Arizona Laws 6-101
  • Out-of-state financial institution: means a state or federal bank, savings bank, savings and loan association or holding company with its home office in a state other than this state. See Arizona Laws 6-101
  • 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
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Person: means a person as defined in section 13-105 and includes a representative or assignee of such person. See Arizona Laws 13-4201
  • 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 an individual, corporation, partnership, association, trust, agency or any similar entity. See Arizona Laws 6-141
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petty offense: means an offense for which a sentence of a fine only is authorized by law. See Arizona Laws 13-105
  • Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Possess: means knowingly to have physical possession or otherwise to exercise dominion or control over property. See Arizona Laws 13-105
  • Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • public offense: means conduct for which a sentence to a term of imprisonment or of a fine is provided by any law of the state in which it occurred or by any law, regulation or ordinance of a political subdivision of that state and, if the act occurred in a state other than this state, it would be so punishable under the laws, regulations or ordinances of this state or of a political subdivision of this state if the act had occurred in this state. See Arizona Laws 13-105
  • Recess: A temporary interruption of the legislative business.
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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
  • State: includes any territory of the United States and the District of Columbia. See Arizona Laws 13-4091
  • State: includes the District of Columbia. See Arizona Laws 13-3831
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: includes a subpoena, order or other notice requiring the appearance of a witness. See Arizona Laws 13-4091
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Tracking device: means an electronic or mechanical device, including a communications device, that tracks the movement of a person or an object. See Arizona Laws 13-4291
  • Tracking device search warrant: means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to track a person or an object through the use of a tracking device. See Arizona Laws 13-4291
  • Unlawful: means contrary to law or, where the context so requires, not permitted by law. See Arizona Laws 13-105
  • Vehicle: means a device in, upon or by which any person or property is, may be or could have been transported or drawn upon a highway, waterway or airway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Arizona Laws 13-105
  • Verdict: The decision of a petit jury or a judge.
  • Victim: means any person, including the surviving dependent of a person, who has suffered physical injury or pecuniary loss resulting from the crime of the accused. See Arizona Laws 13-4201
  • Voting security: means any security presently entitling the owner or holder of such security to vote for the election of directors of a bank, trust company, savings and loan association or controlling person, excluding, in the case of a savings and loan association, votes attributable to savings accounts. See Arizona Laws 6-141
  • Witness: includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Arizona Laws 13-4091
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215