A.R.S. tit. 13 ch. 12 — Arizona Revised Statutes Title 13 Chapter 12 — Assault And Related Offenses

13-1201. Endangerment; classification A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor. 13-1202. Threatening or intimidating; classification A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct: 1. To cause physical injury to another person or serious damage to the property of another; or 2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or 3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise. B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if: 1. The offense is committed in retaliation for a victim's either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity. 2. The person is a criminal street gang member. C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony. 13-1203. Assault; classification A. A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3. Knowingly touching another person with the intent to injure, insult or provoke such person. B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 2 or 3 is a class 3 misdemeanor. 13-1204. Aggravated assault; classification; definitions (L26, Ch. 177, sec. 1; Caution: 1998 Prop 105 applies) A. Until January 1, 2033, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument. 3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part. 4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired. 5. If the person commits the assault after entering the private home of another with the intent to commit the assault. 6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age. 7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624. 8. If the person commits the assault knowing or having reason to know that the victim is any of the following: (a) A first responder or a person summoned and directed by the first responder. (b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties. (c) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds. (d) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability, developmental disability or cognitive disability or because the person is seriously mentally ill, as defined in section 36-550. (e) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties. (f) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties. (g) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties. (h) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties. (i) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties. (j) An employee of a law enforcement agency, other than a peace officer, while engaged in the execution of any official duties. (k) A public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle. (l) An airport employee who interacts with the public while engaged in the airport employee's work duties. (m) A railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance. (n) An employee of one of the following who is engaged in the employee's work duties: (i) A public utility as prescribed in section 44-1376. (ii) A licensed telecommunications provider. (iii) A licensed video service provider. (iv) A utility as defined in section 40-491. 9. If the person knowingly takes or attempts to exercise control over any of the following: (a) A first responder's or other officer's firearm and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. (b) Any weapon other than a firearm that is being used by a first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. (c) Any implement that is being used by a first responder or other officer or that the first responder or other officer is attempting to use, and the person knows or has reason to know that the victim is a first responder or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs. 10. If the person meets both of the following conditions: (a) Is imprisoned or otherwise subject to the custody of any of the following: (i) The state department of corrections. (ii) The department of juvenile corrections. (iii) A law enforcement agency. (iv) A county or city jail or an adult or juvenile detention facility of a city or county. (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners. (b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph. 11. If the person uses a simulated deadly weapon. 12. If the person is aided by two or more accomplices who aid in committing the assault, the assault is directed at a single person and the assault results in physical injury. B. Until January 1, 2033, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur: 1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument. 2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6. C. A person who is convicted of intentionally or knowingly committing aggravated assault on a first responder pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served. D. If a person is convicted of committing aggravated assault on a peace officer pursuant to this section and the trier of fact determines that section 13-701, subsection D, paragraph 17 applies, the person shall be sentenced to two years more than would otherwise be imposed for the offense. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under this section or chapter 7 of this title. The person is not eligible for suspension of sentence, commutation or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. E. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties. F. Except pursuant to subsections G, H and I of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or 12 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony. G. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a first responder is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a first responder is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a first responder is a class 4 felony unless the assault results in any physical injury to the first responder, in which case it is a class 3 felony. H. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on an employee of a law enforcement agency is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on an employee of a law enforcement agency is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (j) of this section committed on an employee of a law enforcement agency is a class 5 felony unless the assault results in any physical injury to the employee, in which case it is a class 4 felony. I. Aggravated assault pursuant to: 1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor. 2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor. 3. Subsection A, paragraph 8, subdivision (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor. J. For the purposes of this section: 1. "Cognitive disability" has the same meaning prescribed in section 36-551. 2. "Developmental disability" has the same meaning prescribed in section 36-551. 3. "First responder" means: (a) A peace officer. (b) A firefighter, a fire marshal, a fire inspector, an emergency medical care technician or a paramedic who is engaged in the execution of any official duties. (c) A tribal police officer. 4. "Health care worker" means: (a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36. (b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including: (i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual. (ii) Any emergency services and transport, including the services provided by firefighters and emergency responders. 5. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court. 6. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site. 7. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general. 13-1204. Aggravated assault; classification; definitions (L26, Ch. 177, sec. 2; Caution: 1998 Prop 105 applies) A. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument. 3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part. 4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired. 5. If the person commits the assault after entering the private home of another with the intent to commit the assault. 6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen years of age. 7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624. 8. If the person commits the assault knowing or having reason to know that the victim is any of the following: (a) A peace officer or a person summoned and directed by the officer. (b) A constable or a person summoned and directed by the constable while engaged in the execution of any official duties or if the assault results from the execution of the constable's official duties. (c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties or a person summoned and directed by such individual while engaged in the execution of any official duties or if the assault results from the execution of the official duties of the firefighter, fire investigator, fire inspector, emergency medical technician or paramedic. (d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds. (e) A health care worker while engaged in the health care worker's work duties or a health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 14, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault does not have the ability to form the culpable mental state because of a mental disability, developmental disability or cognitive disability or because the person is seriously mentally ill, as defined in section 36-550. (f) A prosecutor while engaged in the execution of any official duties or if the assault results from the execution of the prosecutor's official duties. (g) A code enforcement officer as defined in section 39-123 while engaged in the execution of any official duties or if the assault results from the execution of the code enforcement officer's official duties. (h) A state or municipal park ranger while engaged in the execution of any official duties or if the assault results from the execution of the park ranger's official duties. (i) A public defender while engaged in the execution of any official duties or if the assault results from the execution of the public defender's official duties. (j) A judicial officer while engaged in the execution of any official duties or if the assault results from the execution of the judicial officer's official duties. (k) An employee of a law enforcement agency, other than a peace officer, while engaged in the execution of any official duties. (l) A public transit employee who performs duties on and off a vehicle while engaged in transferring members of the community to and from destinations in a bus, van or shuttle. (m) An airport employee who interacts with the public while engaged in the airport employee's work duties. (n) A railway worker while engaged in operating a train, light rail or passenger rail or performing track maintenance. (o) An employee of one of the following who is engaged in the employee's work duties: (i) A public utility as prescribed in section 44-1376. (ii) A licensed telecommunications provider. (iii) A licensed video service provider. (iv) A utility as defined in section 40-491. 9. If the person knowingly takes or attempts to exercise control over any of the following: (a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. (b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. (c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs. 10. If the person meets both of the following conditions: (a) Is imprisoned or otherwise subject to the custody of any of the following: (i) The state department of corrections. (ii) The department of juvenile corrections. (iii) A law enforcement agency. (iv) A county or city jail or an adult or juvenile detention facility of a city or county. (v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners. (b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph. 11. If the person uses a simulated deadly weapon. 12. If the person is aided by two or more accomplices who aid in committing the assault, the assault is directed at a single person and the assault results in physical injury. B. Beginning from and after December 31, 2032, a person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur: 1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument. 2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6. C. A person who is convicted of intentionally or knowingly committing aggravated assault on a peace officer pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title and is not eligible for suspension of sentence, commutation or release on any basis until the sentence imposed is served. D. If a person is convicted of committing aggravated assault on a peace officer pursuant to this section and the trier of fact determines that section 13-701, subsection D, paragraph 17 applies, the person shall be sentenced to two years more than would otherwise be imposed for the offense. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under this section or chapter 7 of this title. The person is not eligible for suspension of sentence, commutation or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. E. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance that the peace officer was not on duty or engaged in the execution of any official duties. F. Except pursuant to subsections G, H and I of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or 12 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony. G. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer is a class 5 felony unless the assault results in any physical injury to the peace officer, in which case it is a class 4 felony. H. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on an employee of a law enforcement agency is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on an employee of a law enforcement agency is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (j) of this section committed on an employee of a law enforcement agency is a class 5 felony unless the assault results in any physical injury to the employee, in which case it is a class 4 felony. I. Aggravated assault pursuant to: 1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor. 2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor. 3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor. J. For the purposes of this section: 1. "Cognitive disability" has the same meaning prescribed in section 36-551. 2. "Developmental disability" has the same meaning prescribed in section 36-551. 3. "Health care worker" means: (a) A person who is employed by or contracted to work at a health care institution that is licensed pursuant to title 36. (b) A person who is employed or contracted to provide health care or related services in a fieldwork setting, including: (i) Home health care, home-based hospice and home-based social work, unless the worker is employed or contracted by an individual who privately employs, in the individual's residence, the worker to perform covered services for the individual or a family member of the individual. (ii) Any emergency services and transport, including the services provided by firefighters and emergency responders. 4. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or magistrate or a commissioner or hearing officer of a state, county or municipal court. 5. "Mental disability" means a disabling neurological condition, or brain injury, or involuntary impairment as a result of a medication that is administered by a health care provider or a medical procedure that is performed at a health care treatment site. 6. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general. 13-1205. Unlawfully administering intoxicating liquors, narcotic drug or dangerous drug; classification A. A person commits unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug if, for a purpose other than lawful medical or therapeutic treatment, such person knowingly introduces or causes to be introduced into the body of another person, without such other person's consent, intoxicating liquors, a narcotic drug or dangerous drug. B. Unlawfully administering intoxicating liquors, a narcotic drug or dangerous drug is a class 6 felony. C. If the victim is a minor, then the offense shall be a class 5 felony. 13-1206. Dangerous or deadly assault by prisoner or juvenile; classification A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county or city jail, who commits an assault involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious physical injury upon another person is guilty of a class 2 felony. If the person is an adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the rules of procedure for the juvenile court, the person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted. A sentence imposed pursuant to this section shall be consecutive to any other sentence presently being served by the convicted person. 13-1207. Prisoners who commit assault with intent to incite to riot or participate in riot; classification A. A person, while in the custody of the state department of corrections or a county or city jail, who commits assault on another person with the intent to incite to riot or who participates in a riot is guilty of a class 2 felony. B. A person who is convicted of a violation of this section shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted and the sentence shall be consecutive to any other sentence presently being served by the convicted person. 13-1208. Assault; vicious animals; classification; exception; definition A. A person who intentionally or knowingly causes any dog to bite and inflict serious physical injury on a human being or otherwise cause serious physical injury to a human being is guilty of a class 3 felony, unless the person would be justified in using physical force or deadly physical force in self-defense or defense of a third person pursuant to chapter 4 of this title. B. A person who owns a dog that the owner knows or has reason to know has a history of biting or a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and that bites, inflicts physical injury on or attacks a human being while at large is guilty of a class 5 felony. C. A person who owns or who is responsible for the care of a dog that the owner or responsible person knows or has reason to know has a history of biting or a propensity to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and who does not take reasonable care to prohibit the dog from escaping to the outside of a residence or enclosed area, yard or structure is guilty of a class 1 misdemeanor. D. This section does not apply to dogs that are owned or used by a law enforcement agency and that are used in the performance of police work. E. For the purposes of this section, "reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances. 13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure. B. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title. C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge. D. Drive by shooting is a class 2 felony. E. As used in this section: 1. "Motor vehicle" has the same meaning prescribed in section 28-101. 2. "Occupied structure" has the same meaning prescribed in section 13-3101. 13-1210. Assaults on hospital employees, public safety employees or volunteers and state hospital employees; disease testing; petition; hearing; notice; definitions A. A hospital employee, a public safety employee or volunteer or the employing agency, officer or entity may petition the court for an order authorizing testing of another person for the human immunodeficiency virus, common blood borne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and one of the following applies: 1. The person is charged in any criminal complaint and the complaint alleges that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or the public safety employee or volunteer. 2. There is probable cause to believe that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or public safety employee or volunteer and that the person is deceased. 3. There is probable cause to believe that the person bit, scratched, spat or transferred blood or other bodily fluid on or through the skin or membranes of a hospital employee or a public safety employee or volunteer who was performing an official duty. 4. The person is arrested, charged or in custody and the hospital employee or the public safety employee or volunteer alleges, by affidavit, that the person interfered with the official duties of the hospital employee or the public safety employee or volunteer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the hospital employee or the public safety employee or volunteer. 5. The public safety employee or volunteer, as part of the employee's or volunteer's official duties, was rendering aid to the person as a result of a medical emergency and was exposed to blood or other bodily fluids on or through the skin or membranes. 6. The public safety employee or volunteer, as part of the employee's or volunteer's official duties, was rendering aid to the person as a result of a medical emergency and was exposed to blood or other bodily fluids on or through the skin or membranes, and the person is deceased. B. An employee of the Arizona state hospital or the employing agency may petition the court for an order authorizing testing of another person for the human immunodeficiency virus, common blood borne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and the person is a patient who is confined to the Arizona state hospital and who is alleged to have interfered with the official duties of the Arizona state hospital employee by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the Arizona state hospital employee. C. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the person and the hospital employee, the public safety employee or volunteer or the Arizona state hospital employee, the court shall order that either: 1. The person provide two specimens of blood for testing. 2. If the person is deceased, the medical examiner draw two specimens of blood for testing. D. Notwithstanding subsection C, paragraph 2 of this section, on written notice from the agency, officer or entity employing the hospital employee or the public safety employee or volunteer, the medical examiner is authorized to draw two specimens of blood for testing during the autopsy or other examination of the deceased person's body. The medical examiner shall release the specimen to the employing agency, officer or entity for testing only after the court issues its order pursuant to subsection C, paragraph 2 of this section. If the court does not issue an order within thirty days after the medical examiner collects the specimen, the medical examiner shall destroy the specimen. E. Notice of the test results shall be provided as prescribed by the department of health services to the person tested, to the hospital employee, the public safety employee or volunteer or the Arizona state hospital employee named in the petition and to the employee's or volunteer's employing agency, officer or entity and, if the person tested is incarcerated or detained, to the officer in charge and the chief medical officer of the facility in which the person is incarcerated or detained. F. Section 36-665 does not apply to this section. G. For the purposes of this section: 1. "Arizona state hospital" includes the Arizona community protection and treatment center. 2. "Arizona state hospital employee" means an employee of the Arizona state hospital who has direct patient contact. 3. "Hospital employee" means a private hospital employee or volunteer or a person who is authorized to perform official duties at a private hospital while performing those authorized duties. 4. "Private hospital" means a hospital that is not maintained and operated by this state or any political subdivision of this state. 5. "Private prison security officer" means a security officer who is employed by a private contractor that contracts with a governmental entity to provide detention or incarceration facility services for offenders. 6. "Public safety employee or volunteer" means a law enforcement officer, any employee, contractor or volunteer of a state or local law enforcement agency or correctional facility, a probation officer, a surveillance officer, an adult or juvenile correctional service officer, a detention officer, a private prison security officer, a firefighter, an emergency medical technician or any other person who is authorized to perform official duties or be present within a correctional facility. 13-1211. Discharging a firearm at a structure; classification; definitions A. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony. B. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony. C. For the purposes of this section: 1. "Nonresidential structure" means a structure other than a residential structure. 2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging. 3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation. 13-1212. Prisoner assault with bodily fluids; liability for costs; classification; definition A. A prisoner commits prisoner assault with bodily fluids if the prisoner throws or projects any bodily fluid at or onto a correctional facility employee or private prison security officer who the prisoner knows or reasonably should know is an employee of a correctional facility or is a private prison security officer. B. A prisoner who is convicted of a violation of this section is liable for any costs incurred by the correctional facility employee or private prison security officer, including costs incurred for medical expenses or cleaning uniforms. C. The state department of corrections shall adopt rules for the payment of costs pursuant to subsection B. Monies in the prisoner's trust fund or retention account established by the correctional facility in which the prisoner is incarcerated may be used to pay the costs pursuant to subsection B. D. A prisoner who violates this section is guilty of a class 6 felony and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the prisoner was confined or to any term of community supervision, probation, parole, work furlough or other release from confinement. E. For the purposes of this section, "bodily fluids" means saliva, blood, seminal fluid, urine or feces. 13-1213. Aiming a laser pointer at a peace officer or an occupied aircraft; classification; definitions A. A person commits aiming a laser pointer at a peace officer if the person intentionally, knowingly or recklessly directs the beam of light from a laser pointer at another person and the person knows or reasonably should know that the other person is a peace officer. B. A person commits aiming a laser pointer at an occupied aircraft if the person intentionally, knowingly or recklessly directs the beam of light from a laser pointer at an aircraft and the person knows or reasonably should know that the aircraft is occupied. C. Intentionally or knowingly aiming a laser pointer at a peace officer is a class 5 felony. Recklessly aiming a laser pointer at a peace officer is a class 1 misdemeanor. D. Intentionally, knowingly or recklessly aiming a laser pointer at an occupied aircraft is a class 2 felony if the act causes the pilot to crash the aircraft or perform an emergency landing. Intentionally, knowingly or recklessly aiming a laser pointer at an occupied aircraft is a class 3 felony if the act renders the pilot unable to safely operate the aircraft. Intentionally or knowingly aiming a laser pointer at an occupied aircraft is a class 6 felony. Recklessly aiming a laser pointer at an occupied aircraft is a class 1 misdemeanor. E. For the purposes of this section: 1. "Aircraft" means any vehicle that is used for flight in the air by buoyancy or by the dynamic action of air on the vehicle's surfaces, including airplanes, gliders and helicopters. 2. "Laser pointer" means any device that emits an intense beam of light amplified by stimulated emission of electromagnetic radiation. 13-1214. Unlawful mutilation; classification; definition A. It is unlawful for a person to: 1. Mutilate a female who is under eighteen years of age. 2. Knowingly transport a female who is under eighteen years of age to another jurisdiction for the purpose of mutilation. 3. Recklessly transport a female who is under eighteen years of age to another jurisdiction where mutilation is likely to occur. B. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than twenty-five thousand dollars. C. Unlawful mutilation is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, unlawful mutilation is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The term for a first offense is as follows: Minimum Presumptive Maximum 5.25 years 7 years 14 years The term for a defendant who has one historical prior felony conviction is as follows: Minimum Presumptive Maximum 7 years 10.5 years 21 years The term for a defendant who has two or more historical prior felony convictions is as follows: Minimum Presumptive Maximum 14 years 15.75 years 28 years D. The sentence imposed on a person for unlawful mutilation shall be consecutive to any other unlawful mutilation sentence imposed on the person at any time. E. The consent of the minor on whom the mutilation is performed or the parents of the minor is not a defense to a prosecution for unlawful mutilation. F. For the purposes of this section, "mutilate" or "mutilation" means the partial or total removal of the clitoris, prepuce, labia minora, with or without excision of the labia major, the narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without removal of the clitoris, or any harmful procedure to the genitalia, including pricking, piercing, incising, scraping or cauterizing. Mutilate and mutilation do not include procedures performed by a licensed physician that are proven to be medically necessary due to a medically recognized condition. 13-1215. Hazing; classification; definition A. A person commits hazing by intentionally, knowingly or recklessly, for the purpose of preinitiation activities, pledging, initiating, holding office, admitting or affiliating a minor or student into or with an organization or for the purpose of continuing, reinstating or enhancing a minor's or student's membership or status in an organization, causes, coerces or forces a minor or student to engage in or endure any of the following: 1. Sexual humiliation or brutality, including forced nudity or an act of sexual penetration, or both. 2. Conduct or conditions, including physical or psychological tactics, that are reasonably calculated to cause severe mental distress to the minor or student, including activities that are reasonably calculated to cause the minor or student to harm themselves or others. 3. The consumption of any food, nonalcoholic liquid, alcoholic liquid, drug or other substance that poses a substantial risk of death, physical injury or emotional harm. 4. An act of restraint, confinement in a small space or significant sleep deprivation. 5. Conduct or conditions that violate a federal or state criminal law and that pose a substantial risk of death or physical injury. 6. Physical brutality or any other conduct or conditions that pose a substantial risk of death or physical injury, including whipping, beating, paddling, branding, electric shocking, placing harmful substances on the body, excessive exercise or calisthenics or unhealthy exposure to the elements. B. This section does not apply to reasonable and customary athletic, law enforcement or military training, contests, competitions or events. C. A person may not be charged with or prosecuted for hazing or for a crime arising out of hazing if the evidence for the violation was gained solely as a result of either of the following: 1. The person transported the minor or student who was experiencing a medical emergency to a law enforcement agency, campus security office or health care facility. 2. The person, promptly and in good faith, reported the medical event caused by the hazing to a law enforcement officer, 911 or E911 service, campus security officer or emergency services personnel and the person reasonably believed that the minor or student needed immediate medical attention that was necessary to prevent the death of or serious physical injury to the minor or student. This paragraph applies only to a person to whom all of the following apply: (a) If physically capable, the person provided the person's name and the location of the minor or student who was in need of medical attention. (b) The person remained with the minor or student until a law enforcement officer, campus security officer or emergency services personnel arrived. (c) The person cooperated with law enforcement, campus security or emergency services personnel. D. Subsection C of this section does not do any of the following: 1. Prohibit charging or prosecuting a person for a violation of this section if law enforcement obtains evidence of the violation before or independent of the person's act of seeking or obtaining medical assistance pursuant to subsection C of this section. 2. Prohibit the admissibility of evidence in connection with an investigation and prosecution for any other crime that is not prohibited by subsection C of this section. 3. Prohibit the admissibility of evidence in connection with the investigation and prosecution of a violation of this section against another person who is not immune from prosecution pursuant to subsection C of this section. E. It is not a defense to hazing if either of the following applies: 1. The victim or person against whom the hazing was directed, acquiesced or consented, whether implied or expressed, to the conduct. 2. The conduct was sanctioned or approved by the organization or the educational institution or the conduct was traditional and customary, or both. F. Hazing is a class 1 misdemeanor, except that if the hazing results in a person's death it is a class 4 felony. G. For the purposes of this section, "organization" means any official fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team or similar group whose members are primarily students at, or former students of, a high school or postsecondary institution. 13-1216. Hazing planning or organizing; classification A. A person commits hazing planning or organizing by doing any of the following: 1. With the intent to promote or aid the commission of hazing, the person agrees with one or more persons that at least one of them or another person will engage in hazing and one of the parties commits an overt act in furtherance of hazing. 2. Intentionally or knowingly engages in conduct that would constitute hazing if the attendant circumstances were as the person believes them to be. 3. Intentionally or knowingly does anything that, under the circumstances as the person believes them to be, is any step in a course of conduct planned to culminate in committing hazing. 4. Intentionally or knowingly engages in conduct that is intended to aid another to commit hazing, although the hazing is not committed or attempted by the other person, if the person's conduct would establish the person's complicity under chapter 3 of this title and the hazing was committed or attempted by the other person. B. A person may not be charged with or prosecuted for a violation of this section if the person, in writing, transmits to the others involved in the hazing or hazing planning or organizing a complete and voluntary renunciation of the person's criminal intent or takes active steps to thwart the planned hazing from occurring. C. A violation of this section is a class 2 misdemeanor.