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

13-1301. Definitions In this chapter, unless the context otherwise requires: 1. "Relative" means a parent or stepparent, ancestor, descendant, sibling, uncle or aunt, including an adoptive relative of the same degree through marriage or adoption, or a spouse. 2. "Restrain" means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. Restraint is without consent if it is accomplished by: (a) Physical force, intimidation or deception; or (b) Any means including acquiescence of the victim if the victim is a child less than eighteen years old or an incompetent person and the victim's lawful custodian has not acquiesced in the movement or confinement. 13-1302. Custodial interference; child born out of wedlock; defenses; classification A. A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following: 1. Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution. 2. Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child. 3. If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian. 4. At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian. B. If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court. C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both of the following apply: 1. The defendant has begun the process to obtain an order of protection or files a petition for custody within a reasonable period of time and the order of protection or petition states the defendant's belief that the child was at risk if left with the other parent. 2. The defendant is the child's parent and has the right of custody and the defendant either: (a) Has a good faith and reasonable belief that the taking, enticing or withholding is necessary to protect the child from immediate danger. (b) Is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent. D. Subsection A, paragraphs 2 and 3 do not apply to a person who is the child's parent if both of the following apply: 1. The person has filed an emergency petition regarding custodial rights with the superior court and has received a hearing date from the court. 2. The person has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent. E. A violation of this section is: 1. A class 3 felony if committed by a person other than the parent or agent of the parent or custodian or agent of the custodian. 2. Notwithstanding paragraph 3 of this subsection, a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of this state by the parent or agent of the parent or custodian or the agent of the custodian. 3. A class 6 felony if committed by a parent or agent of the parent or custodian or agent of the custodian. 4. A class 1 misdemeanor if the child or incompetent person is voluntarily returned without physical injury by the parent or defendant or the agent of the parent or defendant no later than forty-eight hours after the parent or defendant takes, entices or keeps from lawful custody the child or incompetent person. 13-1303. Unlawful imprisonment; classification; definition A. A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that: 1. The restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty; or 2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury. C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest in which case it is a class 1 misdemeanor. D. For the purposes of this section, "detention officer" means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel. 13-1304. Kidnapping; classification; consecutive sentence A. A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2. Hold the victim for involuntary servitude; or 3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or 4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or 5. Interfere with the performance of a governmental or political function; or 6. Seize or exercise control over any airplane, train, bus, ship or other vehicle. B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant. 13-1305. Access interference; classification; definition A. A person commits access interference if, knowing or having reason to know that the person has no legal right to do so, the person knowingly engages in a pattern of behavior that prevents, obstructs or frustrates the access rights of a person who is entitled to access to a child pursuant to a court order. B. If the child is removed from this state, access interference is a class 5 felony. Otherwise access interference is a class 2 misdemeanor. C. The enforcement of this section is not limited by the availability of other remedies for access interference. D. For the purposes of this section "access order" means a court order that is issued pursuant to title 25 and that allows a person to have direct access to a child or incompetent person. 13-1306. Unlawfully obtaining labor or services; classification A. It is unlawful for a person to knowingly obtain the labor or services of another person by doing any of the following: 1. Causing or threatening to cause bodily injury to that person or another person. 2. Restraining or threatening to restrain that person or another person without lawful authority and against that person's will. 3. Withholding that person's governmental records, identifying information or other personal property. B. A person who violates this section is guilty of a class 4 felony. 13-1307. Sex trafficking; classification; definitions A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the following: 1. The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force or coercion. 2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force. B. A person who violates this section is guilty of a class 2 felony 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. C. For the purposes of this section: 1. "Coercion" includes: (a) Abusing or threatening to abuse the law or the legal system. (b) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person's actual or purported passport or other immigration document, government issued identification document, government record or personal property. (c) Extortion. (d) Causing or threatening to cause financial harm to any person. (e) Facilitating or controlling another person's access to a controlled substance. 2. "Force" includes causing or threatening to cause serious harm to another person or physically restraining or threatening to physically restrain another person. 3. "Sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons. 4. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person. 13-1308. Trafficking of persons for forced labor or services; classification; definitions A. It is unlawful for a person to either: 1. Knowingly traffic another person with the intent to or knowledge that the other person will be subject to forced labor or services. 2. Knowingly benefit, financially or by receiving anything of value, from participation in a venture that has engaged in an act in violation of section 13-1306, section 13-1307, this section or section 13-3212, subsection A, paragraph 9 or 10. B. A violation of this section is a class 2 felony 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. C. For the purposes of this section: 1. "Forced labor or services": (a) Means labor or services that are performed or provided by another person and that are obtained through a person's either: (i) Causing or threatening to cause serious physical injury to any person. (ii) Restraining or threatening to physically restrain another person. (iii) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person's actual or purported passport or other immigration document, government issued identification document, government record or personal property. (iv) Abusing or threatening to abuse the law or the legal system. (v) Extortion. (vi) Causing or threatening to cause financial harm to any person. (vii) Facilitating or controlling another person's access to a controlled substance. (b) Does not include ordinary household chores and reasonable disciplinary measures between a parent or legal guardian and the parent's or legal guardian's child. 2. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person by deception, coercion or force. 13-1309. Restitution The court shall order restitution for any violation of section 13-1306, 13-1307 or 13-1308 or section 13-3212, subsection A, paragraph 9 or 10, including the greater of either the gross income or value to the defendant of the victim's labor or services or the value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the fair labor standards act of 1938 (52 Stat. 1060; 29 United States Code sections 201 through 219). 13-1310. Abduction of child from a state agency; classification; definition A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following: 1. Takes, entices or keeps the child from the lawful custody of the state agency. 2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access. B. A violation of subsection A, paragraph 2 of this section is a class 5 felony, except that it is a class 1 misdemeanor if all of the following apply: 1. The child has voluntarily and without consent left the placement location. 2. The person who fails or refuses to return the child is the child's natural or adoptive parent. 3. The person's motive for keeping the child is to protect and care for the child. C. A violation of subsection A, paragraph 1 of this section is: 1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state. 2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times. 3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency. 4. A class 1 misdemeanor if all of the following apply: (a) The child has voluntarily and without consent left the placement location. (b) The person who fails or refuses to return the child is the child's natural or adoptive parent. (c) The person's motive for keeping the child is to protect and care for the child. D. For the purposes of this section, "state agency" means the department of child safety or the department of juvenile corrections.