Arizona Revised Statutes on Homicide, Assault & Security Law

Introduction: Key Criminal Law Definitions

The following summaries address selected provisions of the Arizona Revised Statutes (ARS) Title 13, with a focus on criminal offenses that licensed security guards should be able to identify. The first set of definitions appears in Chapter 11, which governs homicide.

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 sufficient 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.

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

Person means a human being.

Adequate provocation means conduct or circumstances sufficient to deprive a reasonable person of self-control.

In order to fully comprehend and appreciate the severity of homicidal actions, this section provides concise definitions of the relevant terms used throughout this and subsequent chapters of the Arizona Revised Statutes. Although many modern Americans recognize these terms through law enforcement television series and motion pictures, more than a passing understanding of them is needed by licensed security guards in the State of Arizona. A thorough grasp of these definitions allows security professionals to better understand the vital role they play in maintaining the safety of the premises they are assigned to protect, as well as what steps they are authorized to take in response to threats under the law — including provisions for "adequate provocation" that may 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 the statute's applicability to individuals only. This is a significant distinction, since every subsequent section begins with this reference. Moreover, each of the sections that follow in this chapter makes reference to these legal terms, making the definitional clarity provided by this first section an important foundation for the entire corpus.

Negligent Homicide Under ARS 13-1102

ARS 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.

This section describes the circumstances under which persons can be charged with causing the death of another person — including unborn children at any stage of their development — due to some type of failure to otherwise comply with the provisions of Arizona law. The general scope of this section is narrowed, however, by the inclusion of several exemptions from the negligent homicide charge, including an exemption for the mother of the unborn child whose death results from 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 good-faith interventions performed with the patient's consent, or with the consent of someone authorized to make these decisions on their behalf. This section is somewhat broad and vague with respect to what constitutes "implied" informed consent, leaving that determination to the medical practitioner and potentially to a court of competent jurisdiction. Strictly applied, the provisions of this section would also exonerate an expectant mother who failed to provide adequate prenatal care for her unborn child or who sought to self-induce an abortion. Although a charge of negligent homicide might not be applicable in such cases, other provisions of the Arizona Revised Statutes would likely hold such an individual accountable in some fashion for the resulting death.

Manslaughter and Use of Force Under ARS 13-1103

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

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 quarrel or heat of passion resulting from adequate provocation by the victim; or

3. 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.

The provisions of this section describe the circumstances under which persons commit manslaughter, including second-degree murder as defined in a subsequent section. Section 13-1104, subsection A, defines second-degree murder as occurring when, under circumstances manifesting extreme indifference to human life, a person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child. This section assumes there was no premeditation involved in the death and includes 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 at any stage of 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 that apply under ARS 13-1102 — covering medical practitioners performing an abortion with the personal or implied consent of the pregnant mother, and the unborn child's mother — apply equally under this section.