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Legal Statutes: Arizona

UPDATED September 15, 2017

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Chapter 13. Kidnapping and Related Offenses

back to top§ 13-1303. Unlawful imprisonment; classification

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.
Added by Laws 1977, Ch. 142, § 62, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 131, eff. Oct. 1, 1978; Laws 2014, Ch. 40, § 1.