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Legal Statutes: Arizona

UPDATED September 15, 2017

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Chapter 11. Homicide

back to top§ 13-1105. First degree murder; classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under § 13-1405, sexual assault under § 13-1406, molestation of a child under § 13-1410, terrorism under § 13-2308.01, marijuana offenses under § 13-3405, subsection A, paragraph 4, dangerous drug offenses under § 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under § 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under § 13-3409, drive by shooting under § 13-1209, kidnapping under § 13-1304, burglary under § 13-1506, 13-1507 or 13-1508, arson under § 13-1703 or 13-1704, robbery under § 13-1902, 13-1903 or 13-1904, escape under § 13-2503 or 13-2504, child abuse under § 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under § 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3. Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.

C. An offense under subsection A, paragraph 1 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 1 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.

D. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by §§ 13-751 and 13-752.
Added by Laws 1977, Ch. 142, § 60, eff. Oct. 1, 1978. Amended by Laws 1978, Ch. 201, § 127, eff. Oct. 1, 1978; Laws 1980, Ch. 229, § 14, eff. April 23, 1980; Laws 1981, Ch. 264, § 5, eff. Sept. 1, 1981; Laws 1983, Ch. 202, § 4; Laws 1985, Ch. 364, § 13, eff. May 16, 1985; Laws 1987, Ch. 307, § 7; Laws 1993, Ch. 255, § 20, eff. Jan. 1, 1994; Laws 1994, Ch. 150, § 1; Laws 1994, Ch. 200, § 10, eff. April 19, 1994; Laws 1996, Ch. 343, § 2; Laws 2000, Ch. 50, § 2; Laws 2002, Ch. 219, § 8; Laws 2002, 5th S.S., Ch. 1, § 6, eff. Aug. 1, 2002; Laws 2005, Ch. 188, § 7; Laws 2008, Ch. 301, § 51, eff. Jan. 1, 2009; Laws 2009, Ch. 130, § 1.