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A.R.S. § 13-202: Criminal Mental State Rules

Construction of statutes with respect to culpability

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How does Arizona's criminal code determine what mental state a crime requires?

In Arizona, when a criminal statute states a required mental state without specifying which part of the offense it applies to, that mental state applies to every element of the crime, but if a statute defining a crime doesn't specify any mental state at all, no mental state is required and the offense is one of strict liability unless the conduct itself necessarily involves one; proving a higher mental state (intentional, knowing, or reckless) also satisfies a lower one required for an element, such as negligence.

Full statute text

Official text last checked against azleg.gov:

13-202. Construction of statutes with respect to culpability

A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.

B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable mental state is required for the commission of such offense, and the offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility.

C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.

AI-drafted summary, not attorney-reviewed. Statute text verified against azleg.gov. Legal information, not legal advice — consult a licensed attorney for your situation.

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