Summaries of Selected Arizona Revised Statues D. Criminal Law and Recognizing Crimes (Security guards should be able to identify these crimes):

Section ARS Title 13, Chapter 11, Homicide:

1. "Premeditation" means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.

2. "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide.

3. "Person" means a human being.

4. "Adequate provocation" means conduct or circumstances sufficient to deprive a reasonable person of self-control. (Section III.A)

Summary:

In order to fully comprehend and appreciate the severity of homicidal actions, this section provides concise definitions of the relevant terms that are used throughout this and subsequent chapters of the Arizona Revised Statutes. Although many modern Americans recognize these terms by virtue of various law enforcement television series and motion pictures, more than a passing understanding of these terms is needed by licensed security guards in the State of Arizona in order for them to better understand the vital role they play in maintaining the safety of the premises they are assigned to protect and what steps they are authorized to take in response to threats under the law, including provisions for “adequate provocation” that compel otherwise-reasonable individuals to take actions they would not otherwise pursue.

One important distinction made in this section concerns the definition of “person.” In this context, person means only a “human being” rather than a public or private sector organization, thereby limiting its applicability to individuals only. This is an important distinction since every subsequent section begins with this reference. Moreover, each of the sections that follow in this chapter make reference to these legal terms, making the definitional clarity provided by this first section an important addition to the corpus.

Section 13-1102: Negligent homicide; classification

A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.

3. The person was the unborn child’s mother.

C. Negligent homicide is a class 4 felony.

Summary:

This section describes the circumstances under which persons can be charged with the death of other people, including unborn children at any stage of their development, due to some type of failure to otherwise comply with the provisions of Arizona and federal law. The general tone of this section is narrowed down, though, by including several exemptions from the negligent homicide charge, including being the mother of the unborn child whose death is the result of her acts of omission or commission.

In addition, medical practitioners are exempt from the provisions of this section if an unborn child and/or mother die as a result of their good faith interventions performed with their consent or the consent of someone else who is authorized to make these decisions on their behalf. This section is somewhat broad and vague with respect to the informed consent needed by the medical practitioner being “implied,” leaving this determination up to the medical practitioner and potentially a court of competent jurisdiction. In addition, strictly applied, the provisions of this section would exonerate an expectant mother who failed to provide adequate prenatal care for her unborn child or who sought to abort the unborn child herself. Although a charge of negligent homicide might not be applicable in such cases, other provisions of the Arizona Revised Statutes would likely hold this individual accountable in some fashion for this type of death.

Section 13-1103 (Use of force aspects relating to security guards): Manslaughter;

A. A person commits manslaughter by:

1. Recklessly causing the death of another person; or

2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden...

Intentionally aiding another to commit suicide; or
4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or

5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

B. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.

3. The person was the unborn child’s mother.

C. Manslaughter is a class 2 felony.

Summary:

The provisions of this section describe the circumstances under which persons as previously defined commit manslaughter, including second degree murder as defined in a subsequent section. In this regard, section 13-1104, subsection A defines second degree murder if certain fact situations exist without premeditation and stipulates that, “Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.” This section assumes there was no premeditation involved in the death of another, including provisions for acts committed in the “heat of passion” when provoked or threatened with unlawful deadly force.

These provisions mean that persons in Arizona commit manslaughter if they cause the death of another person, including an unborn child during any stage of their development. The distinguishing feature of this section concerns the degree of intent involved in the death whether through an act of commission or omission. It is also important to note that the same exceptions apply under the provisions of this section for manslaughter as set forth in Section 13-1102: Negligent homicide; classification summarized above with respect to medical practitioners performing an abortion with the personal or implied consent of the pregnant mother. Likewise, the same exceptions also apply to the unborn child’s mother if she occasions its death.

Section ARS Title 13, Chapter 12, Assault and Related Offenses (Section III.B)

13-1201: Endangerment; classification

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

Summary:

Notwithstanding the circular definition provided by this section, this provision means that persons in Arizona who recklessly endanger others with physical injury or imminent death have committed the offense of endangerment. These provisions mean that another person does not have to actually be physically injured or killed as a result of such reckless endangerment, only that the targeted person was placed in a situation where these outcomes were possible. It is important to point out that these provisions, strictly applied, also mean that the person who is responsible for causing such endangerment did not necessarily have the intention of physically harming or killing another person, only that such threats were introduced thereby causing the endangerment.

An extreme fact situation illustrating the above types of circumstances would be a homeowner who kept dangerous exotic pets in an urban setting and who failed to provide adequate security or nourishment for the animals. A lightning strike caused a poorly maintained fence to collapse, releasing several hungry tigers, jaguars, lions and bears into the local neighborhood where they represented an imminent threat to the residents. Although the homeowner did not intend for his exotic animals to terrorize the neighborhood, he recklessly endangered them under the provisions of this section.

Section 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…