Arizona's justification defense for assisting law enforcement under ARS 13-401 and 13-402

ARS Title 13, Chapter 4, Justification:
B. Laws of Arrest
1) Interface with Law Enforcement/Assisting Law Enforcement (Be a good witness but do not physically assist law enforcement unless asked).
Sec 13-401. Unavailability of justification defense; justification as defense
A. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
Summary
This section means that notwithstanding the availability of the justification defense in those instances where a civilian is in sufficiently close proximity to a crime scene to threaten to use or actually use physical force or deadly force against a third party (presumably the criminal actor since the section is silent on this issue) if requested by competent law enforcement authorities (i.e. “peace officers”), this defense is unavailable in those cases where such threats or actual use of physical or deadly force result in injuries or homicides of other innocent civilians if such actions were taken in a reckless fashion.
It is important to note the “reckless” qualifier in this chapter since it is the operative term that either affords a justification defense or not. A representative fact situation where such a justification defense would likely be regarded by a court of competent jurisdiction would be a burly civilian being requested by a police officer to help restrain a violent criminal who then responded by spraying the crime scene with bullets from an automatic weapon or throwing a lit Molotov cocktail to resolve the problem. Clearly, such actions would be regarded as “reckless” under virtually any circumstances, but it is also important to note that such responses exist along a continuum and even modest threats or physical force may be considered reckless in some situations and wholly inadequate in others. In sum, civilians have a fundamental responsibility to assist law enforcement authorities by serving as reliable witnesses and physically assisting them when requested to do so, but this responsibility has a corresponding obligations to respond in a fashion that does not needlessly endanger others.



Sec 13-402. Justification; execution of public duty
A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.
B. The justification afforded by subsection A also applies if:
2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.
Summary
The provisions of this section mean that persons are justified in taking whatever steps they regard as necessary in response to a request to do so by a peace officer, even if such steps would otherwise be illegal. In addition, all “persons” are also justified in taking such extreme measures even if the requested peace officers lacked the authority to do so or exceeded their authority in making such a request. It is important to note that in this context, the designation “persons” can apply to virtually anyone or any organization. For instance, this chapter legally defines a “person” as “a human being” as well as, depending on the fact situation, “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.”
In other words, persons, including both public and private sector organizations as well as governmental entities of any size or type, enjoy the legal protection of the justification defense in the execution of their public duty when called upon by peace officers to do so, even if their actions are otherwise against the law or if the requested peace officers did not possess the requisite authority to make such as request or exceeded whatever authority they did posses under the fact situation. This chapter also means that while peace officers are accountable for exceeding their authority, knowingly or otherwise, the persons they request to assist them are justified in doing so, irrespective of the legality of such actions otherwise.



Sec 13-403. Justification; use of physical force
3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.
4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.
6. A person may otherwise use physical force upon another person as further provided in this chapter.
Summary
As defined in the previous section, this section authorizes the expanded definition of “persons” (which includes public and private sector organizations and governmental entities or their designees) in Arizona to use physical force in those situations in which they have a reasonable belief that such forces is considered necessary to the maintenance of public order. Such interventional actions include those that would be illegal absent these compelling circumstances.
Although “reasonable belief” is undefined in this section, Arizona statutes clearly distinguish between simple “physical force” (i.e., “force used upon or directed toward the body of another person and includes confinement”) and “deadly physical force” (i.e., “force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury”).
This legal distinction means that the use of deadly physical force is only justified in those situations where it is needed to prevent serious physical injury or the death of others. It is important to note that a special case is made under the law for suicide prevention wherein deadly physical forces is not authorized under any circumstances (it would make little sense to kill attempting suicides in order to prevent them from actually committing the act). Nevertheless, physical force is authorized to the extent needed in order to prevent others from taking their own lives. These sections of the chapter are applicable to all public places, including public transportation.




Sec 13-404. Justification; self-defense
A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.
B. The threat or use of physical force against another is not justified:
1. In response to verbal provocation alone; or
2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or
3. If the person provoked the other's use or attempted use of unlawful physical force, unless:
(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and
(b) The other nevertheless continues or attempts to use unlawful physical force against the person.
Summary
This section states that the threat or actual use of physical force is legally justified in those situations wherein persons have a reasonable belief that another person is going to harm them through the use of unlawful physical force. This broad justification, however, is qualified by several caveats, including most especially in those situations in which the threatening person makes it clear that he is she is withdrawing from the encounter or otherwise makes it clear that he or she is unable to withdraw from the encounter without placing themselves in jeopardy from physical force by the original victim.
In addition, another important caveat is the fact that physical force is not legally justified when it is provoked by “fighting words,” or in those cases where persons are being detained or arrested by peace officers or others acting at their request, provided the persons so acting are in the presence of the peace officer. In addition, the latter caveat is applicable even if the arrest is unlawful; however, persons are justified in using physical force if they reasonably believe that the physical force being used by the arresting peace officer or others acting at their direction and in their physical presence exceed the level of physical force that is authorized by law. This caveat, though, is also contextual and situation-specific. In this regard, the chapter specifically stipulates that “unlawful” means “contrary to law or, where the context so requires, not permitted by law.” In other words, persons are justified in using physical force if they reasonably believe that peace officers are exceeding their contextual authority (e.g., attempting to shoot to kill an otherwise-innocent person for jaywalking).




Sec 13-405. Justification; use of deadly physical force
A. A person is justified in threatening or using deadly physical force against another:
1. If such person would be justified in threatening or using physical force against the other under section 13-404, and
2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.
Summary:
In this section, persons are considered to be legally justified in threatening to use or in actually using deadly physical force in order to defend themselves (pursuant to the foregoing section’s several provisions concerning self-defense) in those situations in which they have reasonable belief that such actions are immediately necessary in order to protect themselves from others’ use of unlawful deadly physical force. In Arizona, deadly physical force is defined as “force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.”
An important aspect of this chapter concerns the so-called “stand your ground” mandate in which persons are legally justified to threaten to use or actually use deadly physical force provided they are in a location where they are authorized to be and are not engaged in any unlawful activities. In other words, persons are legally justified to “stand their ground” and threaten other persons whom they regard as a potentially immediate deadly threat (i.e., “Back off or I’ll shoot you!”) or by actually drawing a weapon and firing in order to protect themselves from such perceived deadly threats. Once again, however, there is a subjective quality to this chapter that must be taken into account. For instance, if a person was engaged in a minor unlawful act such as littering in a public park by intentionally throwing a gum wrapper on the ground, they would still likely be found justified in using deadly physical force in others threatened them with deadly physical force or actually attempted to do so.



Sec 13-406. Justification; defense of a third person
A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.
Summary:
Under this Arizona section, persons (as defined above which includes both public and private sector organizations) are justified in threatening to use or in actually using either physical force or deadly physical force, depending on the severity of the looming threat, in those situations where they are protecting others who may be unwilling or unable to protect themselves from being physically attacked, including the expanded definition of persons to include other than just human beings as defined previously. Likewise, persons are justified for taking such actions in fact situations where they would be legally justified for taking such measures pursuant to section 13-404 provisions concerning self-defense and section 13-405 concerning the use of deadly physical force.
Some representative fact situations that reflect this type of justification include good Samaritans who intervene on the behalf of the disabled or elderly, or persons acting on the spur of the moment in an effort to protect others who may be unaware of the imminent threat (e.g., a criminal sneaking up behind an unsuspected couple on a dark street with a raised knife).


Sec 13-407. Justification; use of physical force in defense of premises
A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.
C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.
Summary:
This section stipulates that persons (as defined previously) and/or others acting in their behalf are justified in threatening to use or in actually using physical force against others in those cases where persons and/or their agents have a reasonable belief that such actions are required in order to prevent criminal acts from being committed on the premises under their control. It is important to point out that these provisions limit the threat or actual use of force to physical force only; the use of deadly physical force, however, is justified in those cases where such responses are justified pursuant to Section 13-405’s provisions concerning the justification for the use of deadly physical force or section 13-406’s provisions concerning the justification for defense of a third person.
In this context, possession of property means both physical property as well as digital (i.e., intellectual) property of any type. For example, according to the definition of “property” provided by this chapter states that the term means “anything of value, tangible or intangible.” Applied in this context, however, such possession is limited to actual physical property in the form of premises which are defined as “any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.” In addition, under the provisions of this chapter, possession of premises is defined as “a voluntary act if the defendant knowingly exercised dominion or control over property.”




Sec 13-408. Justification; use of physical force in defense of property
A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.
Summary:
Pursuant to the provisions of this section, persons (including the expanded definition cited previously) are justified in actually using as much physical force as is deemed essential against others in those situations where reasonable persons would regard such actions as necessary in order to protect any tangible, moveable property under their control against criminal damage.
An important qualification of this chapter, however, is that physical force only is justified except in those fact situations that would justify the use of deadly physical force under the provisions of section 13-405 concerning the justification for the use of deadly physical force, section 13-406 concerning the justification for the defense of a third person and section 13-411 concerning the justification for the use of force in the prevention of criminal actions (as further summarized below).
In sum, these various provisions mean that under Arizona law, persons are only justified in using deadly physical force to protect tangible, movable property where there are other threats to persons (as defined previously) involved. In all other fact situations, the use of physical force to the extent regarded as being necessary is justified under the provisions of this scction.


Sec 13-409. Justification; use of physical force in law enforcement
A person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist:
1. A reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape.
2. Such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained.
3. A reasonable person would believe the arrest or detention to be lawful.
Summary:
The provisions of this section mean that the use of physical force (as defined previously) against others is justified under Arizona law in those cases where such physical force is required in order to effect the arrest of criminal suspects or in order to detain them in order to prevent their escape in those cases where they threaten to use or actually use physical force. There are some important qualifications to these provisions, however, that must be taken into account, including the requirement for such interventions to be regarded as necessary by a reasonable person.
Less clear-cut, however, is the stipulation that such physical force is only justified in those situations where the purpose of the arrest or detention has been made known to the criminal suspect or in those cases where persons have a legitimate belief that it is not feasible to communicate such purpose due to the exigencies of the situation. A final caveat under this chapter requires that such arrest or detention is regarded as lawful by reasonable persons regardless of the actual legality of such actions.


Sec 13-410. Justification; use of deadly physical force in law enforcement
A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
2. A felon who has escaped from lawful confinement; or
3. A felon who is fleeing from justice or resisting arrest with physical force.
B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:
1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.
(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.
Summary:
This section means that the provisions of section 13-409 concerning justification for the use of physical force in law enforcement are only applicable to the use of the threat to use deadly physical force in those situations where reasonable persons believe that such interventions are essential in order to prevent the escape from detention of felonious criminal suspects if such persons are attempting to resist lawful detention or arrest through the use of deadly force or by possessing the apparent capacity to use deadly physical force.
In addition, these provisions are also applicable in those situations involving the re-apprehension of persons who have committed felonies (defined as “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”) who have successfully escaped lawful incarceration or in those cases involved felons who are resisting detention and arrest through the use of physical force.
In addition, the provisions of section 13-409 concerning the justification for the use of physical force in law enforcement by persons other than peace officers (defined as “any person vested by law with a duty to maintain public order and make arrests and includes a constable”) only justify the use of deadly physical force when a reasonable person has cause to believe that the suspect or escapee is actually using physical force or has the capacity to effect such resistance to lawful detention and arrest.


Sec 13-411. Justification; use of force in crime prevention; applicability
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.
Summary:
The provisions of this section mean that persons (as defined previously) are justified in threatening to use or in actually using physical force or deadly physical force to the extent that is regarded as necessary to prevent criminal suspects from engaging in various activities that would jeopardize other persons. The range of fact situations covered by this chapter include arson, but only in those cases involving occupied structures pursuant to section 13-1704; first- or second-degree burglary pursuant to sections 13-1507 or 13-1508; sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, child molestation pursuant to section 13-1410; armed robbery pursuant to section 13-1904; or aggravated assault pursuant to subsection A, paragraphs 1 and 2 of section 13-1204 (all of which are outside the scope of this section),
The provisions of this chapter also include the “stand your ground” provisions of section 13-405 concerning the justification for the use of deadly physical force which means that persons have not obligation to retreat prior to threatening to use or actually using either physical force or deadly physical force, as the situation demands. The provisions of this chapter also stipulate that persons are considered to be acting in a reasonable fashion if they have a reasonable belief that the commission of a covered criminal act is either imminent or such crime is already being committed. These provisions also justify the threatened use or actual use of physical force or deadly physical force in the homes of persons or their workplace, any premises which the person lawfully owns or leases from others, vehicles of any types or essentially any other place in the state where persons enjoy a legal right to occupy.




Sec 13-412. Duress
A. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.
B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.
C. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.
Summary:
Pursuant to the provisions of this section, reasonable persons (using the expanded definition provided above) are justified in taking actions in response to the perceived threat or actual use of physical force against them which have the potential for causing serious physical injury (defined as “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”).
An important limitation to the provisions of this chapter involve an assumed risk element whereby justification for conduct which would otherwise be unjustified is unavailable in those situations where persons willingly and knowingly placed themselves in positions of jeopardy (e.g., tempting others to engage in criminal assaultive behaviors). Yet another important qualifier in this chapter is the fact that such justification is unavailable in those situations involving homicides or serious physical injuries.


Sec 13-413. No civil liability for justified conduct
No person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.
Summary:
Besides the justifications that protect persons (as defined previously) from criminal prosecution for actions including physical force and deadly physical force that would otherwise be unlawful, the provisions of this section stipulate that such persons are also not subject to any civil liability for such actions provided they satisfied the provisions of the relevant sections. In sum, this chapter means that the same justifications that allow persons to take drastic measures to protect themselves, to protect others and to protect both tangible and intangible property also prevent such persons from being sued in a civil court for such actions.
Some relevant fact situations covered by this chapter would include a felon convicted of burglary of premises whom had been shot in the leg by the homeowner and suffered permanent injury as a result and attempted to sue for damages in a civil court or an arson who was prevented from burning down an occupied structure by a person by being hit in the head with a shovel and suffered brain damage as a result is likewise prevented from bring suit in civil court for such injuries.



Sec 13-414. Justification; use of reasonable and necessary means
A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a prisoner sentenced to the custody of the state department of corrections to:
1. Escape from custody or from a correctional facility.
2. Take another person as a hostage.
3. Cause serious bodily harm to another person.
Summary:
The provisions of this section mean that correctional officers are justified in using physical force or deadly physical force in order to prevent persons who have been convicted by a court of competent jurisdiction from escaping from custody or to prevent their escape from a correctional facility. In addition, the justification for the use of physical force or deadly physical force is also applicable in order to prevent persons from being taken as hostages or to prevent serious bodily harm to others.
In this context, pursuant to the definition provided by section 41-1661, a correctional officer is defined as “a person, other than an elected official, who is employed by this state or a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a state, county or municipal correctional institution, including counselors but excluding secretarial, clerical and professionally trained personnel.”


Sec 13-415. Justification; domestic violence
If there have been past acts of domestic violence as defined in section 13-3601, subsection A against the defendant by the victim, the state of mind of a reasonable person under sections 13-404, 13-405 and 13-406 shall be determined from the perspective of a reasonable person who has been a victim of those past acts of domestic violence.
Summary:
The provisions of this section mean that the justification for the actions taken by persons in domestic violence situations will be evaluated based on several criteria that all relate to their past experiences in similar situations. In other words, if a spouse has been beaten on a regular basis by an alcoholic wife, the justification for his responses to future attacks would be determined based on past experiences and the state of mind that existed at the time of the responses to such perceived threats.
The definition of domestic violence provided by section 13-3601, subsection A, covers situations involving the domestic abuse of children; a reasonable person’s state of mind is defined in sections 13-404 as it relates to the justification for self defense; a reasonable person’s state of mind is also defined in section 13 405 with respect to the justification for the use of deadly physical force and section 13-406 as it relates to the justification for the use of physical force or deadly physical force in defense of third persons.



Sec 13-416. Justification; use of reasonable and necessary means; definition
A. A security officer who is employed by a private contractor may use all reasonable and necessary means, including deadly force, to prevent a prisoner in the custody of the private contractor from the following:
1. Escaping from the custody of a law enforcement officer, an authorized custodial agent or a correctional facility.
2. Taking another person as a hostage or causing death or serious bodily harm to another person.