Arizona
Arizona Manslaughter Laws: Negligent Homicide and DUI Deaths (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 17 primary sources cited on this page. How we verify our legal content
Arizona has one offense named manslaughter, a class 2 felony under A.R.S. 13-1103 that covers recklessly causing the death of another person, a killing that would be second degree murder but happens on a sudden quarrel or heat of passion resulting from adequate provocation by the victim, and several other forms the statute lists. Causing a death with criminal negligence is the separate class 4 felony of negligent homicide (13-1102); for a first-time felony offender the ranges under 13-702(D) are 3 to 12.5 years for manslaughter and 1 to 3.75 years for negligent homicide.
Arizona has no offense named vehicular manslaughter or DUI manslaughter. Deaths caused by driving can be charged under those same two statutes; as causing death by use of a vehicle (28-675), a class 4 or class 3 felony for a driver who was not allowed to drive; or, for listed traffic violations, as a misdemeanor under 28-672. For other states, see our guide to manslaughter laws by state.
Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Arizona criminal statutes on homicide below murder: manslaughter (A.R.S. 13-1103), negligent homicide (13-1102), the sentencing ranges that apply to them, and the Title 28 offenses of causing death by use of a vehicle (28-675), causing death by a moving violation (28-672) and leaving the scene of a fatal accident (28-661). It does not cover first or second degree murder (see how long a life sentence is in Arizona and our overview of murder sentencing), self-defense and justification (see Arizona self-defense laws), civil lawsuits over a death (see Arizona wrongful death law), or federal manslaughter, which our manslaughter laws hub covers.
What is manslaughter in Arizona?
Arizona's homicide chapter lists four homicide offenses. Under A.R.S. 13-1101(2), "Homicide" means first degree murder, second degree murder, manslaughter or negligent homicide. The two offenses below murder are manslaughter and negligent homicide, and the mental state involved is what separates them.
Manslaughter is set out in 13-1103. Subsection (A) provides that a person commits manslaughter by doing any of the following:
"1. Recklessly causing the death of another person. 2. Committing second degree murder as prescribed in section 13-1104, subsection A on a sudden quarrel or heat of passion resulting from adequate provocation by the victim. 3. Intentionally providing the physical means that another person uses to die by suicide, with the knowledge that the person intends to die by suicide. 4. Committing second degree murder as prescribed 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 on the person or a third person that a reasonable person in his situation would have been unable to resist. 5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother." (A.R.S. 13-1103(A))
Subsection (B) adds a form for adults (added in 2021 and amended in 2026; see Recent changes): "A person who is at least eighteen years of age commits manslaughter by intentionally providing advice or encouragement, including by a directed communication, that a minor uses to die by suicide with the knowledge that the minor intends to die by suicide." Subsection (D) states: "Manslaughter is a class 2 felony."
Negligent homicide is the lower offense. Under 13-1102(A), "A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child." It is a class 4 felony (13-1102(C)).
Manslaughter offenses and penalties in Arizona
| Offense | Statute | What it requires | Class | Statutory range (first-time felony offender) |
|---|---|---|---|---|
| Manslaughter, reckless form | A.R.S. 13-1103(A)(1) | Recklessly causing the death of another person | Class 2 felony | 3 to 12.5 years, presumptive 5; 7 to 21 years, presumptive 10.5, if a dangerous offense |
| Manslaughter, heat-of-passion form | 13-1103(A)(2) | Committing second degree murder on a sudden quarrel or heat of passion resulting from adequate provocation by the victim | Class 2 felony | 3 to 12.5 years, presumptive 5 |
| Manslaughter, coerced form | 13-1103(A)(4) | Committing extreme-indifference second degree murder while coerced by the use or threatened immediate use of unlawful deadly physical force that a reasonable person in that situation would have been unable to resist | Class 2 felony | 3 to 12.5 years, presumptive 5 |
| Manslaughter, providing the means of suicide | 13-1103(A)(3) | Intentionally providing the physical means another person uses to die by suicide, knowing the person intends to die by suicide | Class 2 felony | 3 to 12.5 years, presumptive 5 |
| Manslaughter, unborn child | 13-1103(A)(5) | Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother | Class 2 felony | 3 to 12.5 years, presumptive 5 |
| Manslaughter, encouraging a minor's suicide | 13-1103(B) | A person at least 18 intentionally providing advice or encouragement, including by a directed communication, that a minor uses to die by suicide, knowing the minor intends to die by suicide | Class 2 felony | 3 to 12.5 years, presumptive 5 |
| Negligent homicide | 13-1102 | With criminal negligence causing the death of another person, including an unborn child | Class 4 felony | 1 to 3.75 years, presumptive 2.5; 4 to 8 years, presumptive 6, if a dangerous offense |
| Causing death by a moving violation | 28-672 | Violating one of the listed traffic provisions where the violation results in an accident causing death to another person | Class 1 misdemeanor | Up to 6 months; fine up to $2,500; licence suspension of 180 days to 1 year for a first violation |
| Causing death by use of a vehicle | 28-675 | While not allowed to drive (for example, a revoked or suspended driving privilege or no valid driver license, as listed in 28-675(B)), causing the death of another person while operating a motor vehicle and committing one of the moving violations listed in 28-675(A)(3) | Class 4 felony; class 3 if the suspension was under Title 28, chapter 4, article 3 or under 28-4141 | 1 to 3.75 years (class 4) or 2 to 8.75 years (class 3), first-time felony offender; sentence runs consecutively |
| Leaving the scene of an accident resulting in death | 28-661(C) | A driver involved in an accident resulting in death or serious physical injury who fails to stop or to comply with 28-663 | Class 3 felony; class 2 if the driver caused the accident | 2 to 8.75 years (class 3) or 3 to 12.5 years (class 2), first-time felony offender; sentence runs consecutively; ten-year licence revocation for a death |
The felony ranges come from Arizona's sentencing table for first-time felony offenders, A.R.S. 13-702(D), which sets five points for each class. For a class 2 felony they are 3 years (mitigated), 4 years (minimum), 5 years (presumptive), 10 years (maximum) and 12.5 years (aggravated). For a class 3 felony they are 2 years, 2.5 years, 3.5 years, 7 years and 8.75 years. For a class 4 felony they are 1 year, 1.5 years, 2.5 years, 3 years and 3.75 years. For more on how the classes work, see how Arizona sentences each felony class.
When a felony is a dangerous offense, 13-704(A) sets its own table for a person who is at least 18 or was tried as an adult: a class 2 felony carries 7 years minimum, 10.5 years presumptive and 21 years maximum, and a class 4 felony 4, 6 and 8 years. A person sentenced under 13-704 is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as authorized by 31-233(A) or (B), until the sentence imposed has been served, the person is eligible for release under 41-1604.07 or the sentence is commuted (13-704(G)).
The misdemeanor limits come from 13-707(A)(1), which caps the jail term for a class 1 misdemeanor at six months, and 13-802(A), which caps the fine at $2,500.
Heat of passion and provocation
Arizona does not have an offense called voluntary manslaughter, but 13-1103(A)(2) covers the same ground. It reaches "Committing second degree murder as prescribed in section 13-1104, subsection A on a sudden quarrel or heat of passion resulting from adequate provocation by the victim."
The homicide chapter defines the key term. Under 13-1101(4), "'Adequate provocation' means conduct or circumstances sufficient to deprive a reasonable person of self-control." The manslaughter statute requires that the provocation come from the victim.
The Arizona Supreme Court explained how this form relates to murder in State v. Lua, 237 Ariz. 301 (2015): "Although it is a lesser degree of homicide, see A.R.S. §§ 13-1101(2), -1103(C), -1104(C), provocation manslaughter has the same (not fewer) elements as second-degree murder, with the added mitigating 'circumstance' of adequate provocation." On that basis the court held: "Under that 'elements test,' provocation manslaughter is not a lesser-included offense of second-degree murder." The court added that classifying provocation manslaughter as a lesser-grade felony "reflects a policy that those who commit second-degree murder 'upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim' deserve a lesser punishment."
Panic defense. Arizona has no statute barring a provocation claim based on the victim's sexual orientation or gender identity. Bills in 2024 (SB 1554 and HB 2790) and in 2025 (HB 2358) would have added such an exclusion; none was enacted, and the definition of adequate provocation in 13-1101(4) contains no exclusion of that kind.
Self-defense and justification are separate defenses under their own statutes; see Arizona self-defense laws.
Reckless manslaughter and negligent homicide: the mental states
The difference between a class 2 manslaughter and a class 4 negligent homicide is whether the person was aware of the risk. Arizona's Title 13 definitions in 13-105(10) supply both mental states:
"(c) 'Recklessly' means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk."
"(d) 'Criminal negligence' means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."
Reckless conduct can also be murder. Under 13-1104(A)(3), a person commits second degree murder if, without premeditation, "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." A reckless killing without those circumstances is manslaughter under 13-1103(A)(1).
Vehicular manslaughter and DUI deaths in Arizona
Arizona has no statute named vehicular homicide, vehicular manslaughter or DUI manslaughter. Its homicide chapter defines homicide as murder, manslaughter and negligent homicide (13-1101(2)), so a death caused by driving is prosecuted under the general offenses or under Title 28. The main offenses include:
- Reckless manslaughter (13-1103(A)(1)). Recklessly causing the death of another person, a class 2 felony with a first-time range of 3 to 12.5 years. Under 13-105(10)(c), a person who creates a substantial and unjustifiable risk but is unaware of it solely by reason of voluntary intoxication also acts recklessly.
- Negligent homicide (13-1102). Causing a death with criminal negligence, a class 4 felony with a first-time range of 1 to 3.75 years.
- Causing serious physical injury or death by a moving violation (28-672). This Title 28 offense applies when a person violates one of the traffic provisions listed in the statute "and the violation results in an accident causing serious physical injury or death to another person." It is a class 1 misdemeanor (28-672(I)). For a first violation that results in death, the statute directs a licence suspension of at least 180 days and not more than one year (28-672(C)).
- Causing death by use of a vehicle (28-675). This felony applies when a person who is not allowed to operate a motor vehicle under 28-675(B), for example because the driving privilege is revoked or suspended or the person does not have a valid driver license, causes the death of another person while operating a motor vehicle and commits one of the moving violations listed in 28-675(A)(3). It is a class 4 felony, or a class 3 felony if the suspension was under Title 28, chapter 4, article 3 or under 28-4141 for failure to provide proof of financial responsibility (28-675(F)). The sentence runs consecutively to any sentence for other convictions on any other charge related to the accident (28-675(C)), and the licence is revoked for one year, not counting time incarcerated (28-675(E)).
Licence revocation. Under 28-3304(A)(1), the department "shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of" a homicide or aggravated assault resulting from the operation of a motor vehicle, if the conviction is final.
Leaving the scene. A driver involved in an accident resulting in injury to or death of a person must immediately stop at the scene or as close to it as possible, and must immediately return to the scene (28-661(A)). Failing to stop or to comply with 28-663 after an accident resulting in death or serious physical injury is a class 3 felony, or a class 2 felony if the driver caused the accident (28-661(C)); the sentence runs consecutively to any sentence for other convictions related to the accident (28-661(E)), and the licence is revoked for ten years for an accident resulting in death, not counting time incarcerated (28-661(F)(2)). For more, see Arizona hit-and-run laws.
For DUI penalties where no one dies, see Arizona DUI laws.
Drug-related deaths
Arizona's homicide chapter contains no separate offense for causing a death by selling or distributing drugs. The 13-1101(2) definition limits homicide to first degree murder, second degree murder, manslaughter and negligent homicide, and recent fentanyl enactments amend the drug-sale penalties in 13-3408 rather than the homicide chapter. A death caused in the course of certain narcotics offenses under 13-3408(A)(7) at or above the statutory threshold amount can instead be first degree (felony) murder under 13-1105(A)(2); see murder laws in the United States.
Recent changes
- 2026: Laws 2026, ch. 60 (HB 2665), approved by the Governor on April 13, 2026 and effective September 12, 2026, amended 13-1103(B) to add the words "including by a directed communication" and added subsection (E). Subsection (E) defines a directed communication as a verbal, written or electronic communication that is specifically addressed to or reasonably understood to be directed at the minor who dies by suicide, and excludes general public commentary, artistic expression or discussion of suicide or mental health that is not specifically directed at the minor.
- 2021: Laws 2021, ch. 46 (HB 2459), approved by the Governor on March 17, 2021 as an emergency measure operative immediately, added subsection (B), the form covering a person at least 18 who intentionally provides advice or encouragement that a minor uses to die by suicide, with the knowledge that the minor intends to die by suicide.
Federal manslaughter
Federal law, 18 U.S.C. 1112, separately defines manslaughter for killings within the special maritime and territorial jurisdiction of the United States; our manslaughter laws hub covers it.
Related
- Manslaughter laws by state
- Arizona felony and misdemeanor classes
- Arizona DUI laws
- Arizona hit-and-run laws
- The difference between murder, homicide and manslaughter
- New Mexico manslaughter laws
- Utah manslaughter laws
This article provides general legal information about Arizona law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Arizona.
Last updated: 2026-10-17.
Frequently Asked Questions
Is manslaughter a felony in Arizona?
Yes. Every form of manslaughter under A.R.S. 13-1103 is a class 2 felony (13-1103(D)), and negligent homicide is a class 4 felony (13-1102(C)). The vehicle offense in 28-672, causing death by a listed moving violation, is a class 1 misdemeanor, while causing death by use of a vehicle (28-675) and leaving the scene of a fatal accident (28-661(C)) are felonies.
How much time do you get for manslaughter in Arizona?
For a first-time felony offender, 13-702(D) sets a class 2 felony range of 3 to 12.5 years with a presumptive term of 5 years. If the manslaughter is sentenced as a dangerous offense, 13-704(A) sets 7 to 21 years with a presumptive term of 10.5 years.
Does Arizona have voluntary and involuntary manslaughter?
Not by those names. Arizona has one manslaughter offense with several forms, including a heat-of-passion form (13-1103(A)(2)) and a reckless form (13-1103(A)(1)). A death caused with criminal negligence is negligent homicide (13-1102), a lower class 4 felony.
What is the charge for a DUI death in Arizona?
Arizona has no separate DUI manslaughter or vehicular homicide statute. A death caused by an impaired driver is charged under the general statutes as reckless manslaughter (13-1103(A)(1), class 2 felony) or negligent homicide (13-1102, class 4 felony); under 13-105(10)(c), a person unaware of a risk solely because of voluntary intoxication still acts recklessly. A driver who was not allowed to drive under 28-675(B) and causes a death while committing a listed moving violation can also face the class 4 or class 3 felony of causing death by use of a vehicle (28-675).
What is negligent homicide in Arizona?
Under A.R.S. 13-1102, a person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child. It is a class 4 felony; for a first-time felony offender the 13-702(D) range is 1 to 3.75 years, presumptive 2.5 years.
What counts as adequate provocation in Arizona?
A.R.S. 13-1101(4) defines adequate provocation as conduct or circumstances sufficient to deprive a reasonable person of self-control. The heat-of-passion form of manslaughter requires that the provocation come from the victim (13-1103(A)(2)).
Does Arizona ban the gay or trans panic defense?
No Arizona statute does. Bills in 2024 (SB 1554, HB 2790) and 2025 (HB 2358) proposed an exclusion, none was enacted, and the definition of adequate provocation in 13-1101(4) contains no such exclusion.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 11 (HOMICIDE)
§ 13-1103Manslaughter; classificationIn forcecited in 2 of our articles
A. A person commits manslaughter by doing any of the following: 1. Recklessly causing the death of another person. 2. Committing second degree murder as prescribed in section 13-1104, subsection A on a sudden quarrel or heat of passion resulting from adequate provocation by the victim. 3. Intentionally providing the physical means that another person uses to die by suicide, with the knowledge that the person intends to die by suicide. 4. Committing second degree murder as prescribed 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 on the person or a third person that a reasonable person in his situation would have been unable to resist. 5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother. B. A person who is at least eighteen years of age commits manslaughter by intentionally providing advice or encouragement that a minor uses to die by suicide with the knowledge that the minor intends to die by suicide. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 126 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Amaya-Ruiz (Arizona Supreme Court 1990, 166 Ariz. 152)“…intent Defendant was charged with manslaughter under A.R.S. § 13-1103(A)(5), which proscribes “[kjnowingly or…”
- State v. Brewer (Arizona Supreme Court 1992, 170 Ariz. 486)“…arge of first-degree murder of the unborn fetus: 14. Does A.R.S. § 13-1103(A)(5) preclude the State from prosecuti…”
- Vo v. Superior Court (Court of Appeals of Arizona 1992, 172 Ariz. 195)“…r things, two counts of first degree murder in violation of A.R.S. § 13-1103. On July 17, 1991, Vo moved to dismiss,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in Arizona? (2026 Guide)
§ 13-1102Negligent homicide; classificationIn force
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.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 13-1101DefinitionsIn force
In this chapter, unless the context otherwise requires: 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.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 13-1104Second degree murder; classificationIn forcecited in 2 of our articles
A. A person commits second degree murder if without premeditation: 1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or 2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or 3. 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. 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.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 126 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Comer (Arizona Supreme Court 1990, 165 Ariz. 413)“…on intentional and knowing second degree murder pursuant to A.R.S. § 13-1104(A)(1) and (A)(2). The trial court refus…”
- State v. McKinney (Arizona Supreme Court 1996, 185 Ariz. 567)“…of death and thereby causes the death of another person. A.R.S. § 13-1104(A) (emphasis added). Hedlund's jury ret…”
- State v. Eagle (Arizona Supreme Court 2000, 196 Ariz. 188)“…elony. "Degrees" of kidnapping are nowhere mentioned. Cf. A.R.S. §§ 13-1104, 13-1105 (setting forth second degree m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 1 (GENERAL PROVISIONS)
§ 13-105DefinitionsIn forcecited in 6 of our articles
In this title, unless the context otherwise requires: 1. "Absconder" means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petition to revoke has been filed in the superior court alleging that the probationer's whereabouts are unknown. A probationer is no longer deemed an absconder when the probationer is voluntarily or involuntarily returned to probation service. 2. "Act" means a bodily movement. 3. "Benefit" means anything of value or advantage, present or prospective. 4. "Calendar year" means three hundred sixty-five days' actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from confinement on any other basis. 5. "Community supervision" means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604.07. 6.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 687 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Gallegos (Arizona Supreme Court 1994, 178 Ariz. 1)“…onduct is of that nature or that the circumstance exists. A.R.S. § 13-105(6)(b). Defendant contends that if a mis…”
- State v. Pena (Court of Appeals of Arizona 2005, 209 Ariz. 503)“…ed impairment of the function of any bodily organ or limb.” A.R.S. § 13-105(34) (2001). ¶ 9 The evidence was suff…”
- State v. Gordon (Arizona Supreme Court 1989, 161 Ariz. 308)“…find that his fists constituted dangerous instruments under A.R.S. § 13-105(8); second, the trial court erred by im…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Pepper Spray and Stun Gun Laws (2026), Arizona Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), Arizona Expungement Laws: Set Aside, Record Sealing, and Marijuana Expungement
Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 7 (SENTENCING AND IMPRISONMENT)
§ 13-702First time felony offenders; sentencing; definitionIn forcecited in 16 of our articles
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section. B.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 446 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Shattuck (Arizona Supreme Court 1984, 140 Ariz. 582)“…ly under the authority of the language in what is currently A.R.S. § 13-702(D)(11) [formerly A.R.S. 13-702(D)(9)] —…”
- State v. Henderson (Arizona Supreme Court 2005, 210 Ariz. 561)“…t fit within the list of statutory aggravators codified in A.R.S. § 13-702.C: infliction or thr…”
- State v. Walton (Arizona Supreme Court 1989, 159 Ariz. 571)“…he Arizona death penalty statute. Under the provisions of A.R.S. § 13-702(D), which applies to noncapital sentenc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Audio Recording Laws: Complete Guide to Consent Rules, Arizona Phone Call Recording Laws: What You Need to Know, Arizona Recording Laws (2026): One-Party Consent Rules
§ 13-704Dangerous offenders; sentencingIn forcecited in 2 of our articles
A. Except as provided in section 13-705, a person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a felony that is a dangerous offense shall be sentenced to a term of imprisonment as follows: Felony Minimum Presumptive Maximum Class 2 7 years 10.5 years 21 years Class 3 5 years 7.5 years 15 years Class 4 4 years 6 years 8 years Class 5 2 years 3 years 4 years Class 6 1.5 years 2.25 years 3 years B. Except as provided in section 13-705, a person who is convicted of a class 4, 5 or 6 felony that is a dangerous offense and who has one historical prior felony conviction involving a dangerous offense shall be sentenced to a term of imprisonment as follows: Felony Minimum Presumptive Maximum Class 4 8 years 10 years 12 years Class 5 4 years 5 years 6 years Class 6 3 years 3.75 years 4.5 years C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Also relied on in: Arizona Assault Laws: Simple vs Aggravated Assault and Penalties
Arizona Revised Statutes, Title 28 (Transportation), Chapter 3 (TRAFFIC AND VEHICLE REGULATION), Article 4 (Accidents)
§ 28-672Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definitionIn force
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person: 1. Section 28-645, subsection A, paragraph 3, subdivision (a). 2. Section 28-710. 3. Section 28-729. 4. Section 28-771. 5. Section 28-772. 6. Section 28-773. 7. Section 28-792. 8. Section 28-794. 9. Section 28-797, subsection F, G, H or I. 10. Section 28-855, subsection B. 11. Section 28-857, subsection A. 12. Section 28-914. B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution. C. The court shall report a conviction for a violation of this section to the department and: 1.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Arizona Revised Statutes, Title 28 (Transportation), Chapter 8 (MOTOR VEHICLE DRIVER LICENSES), Article 6 (Regulation)
§ 28-3304Mandatory revocation of license; definitionIn force
A. In addition to the grounds for mandatory revocation provided for in chapters 3, 4 and 5 of this title, the department shall immediately revoke the license of a driver on receipt of a record of the driver's conviction of any of the following offenses if the conviction is final: 1. A homicide or aggravated assault resulting from the operation of a motor vehicle. 2. A felony in the commission of which a motor vehicle is used. 3. Theft of a motor vehicle pursuant to section 13-1802. 4. Unlawful use of means of transportation pursuant to section 13-1803. 5. Theft of means of transportation pursuant to section 13-1814. 6. Drive by shooting pursuant to section 13-1209. 7. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another. 8. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of a motor vehicle. 9. Conviction or forfeiture of bail not vacated on a second charge of violating section 28-1381 or 28-1382 within eighty-four months. 10.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
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Sources and References
- A.R.S. 13-1103, Manslaughter; classification(azleg.gov).gov
- A.R.S. 13-1102, Negligent homicide; classification(azleg.gov).gov
- A.R.S. 13-702, First time felony offenders; sentencing(azleg.gov).gov
- A.R.S. 13-1101, Definitions (homicide chapter)(azleg.gov).gov
- A.R.S. 13-105, Definitions (culpable mental states)(azleg.gov).gov
- A.R.S. 13-704, Dangerous offenders; sentencing(azleg.gov).gov
- A.R.S. 28-672, Causing serious physical injury or death by a moving violation(azleg.gov).gov
- A.R.S. 13-707, Misdemeanors; sentencing(azleg.gov).gov
- A.R.S. 28-3304, Mandatory revocation of license(azleg.gov).gov
- Arizona Supreme Court, State v. Lua, 237 Ariz. 301 (2015)(azcourts.gov).gov
- A.R.S. 13-1104, Second degree murder(azleg.gov).gov
- A.R.S. 28-661, Accidents involving death or physical injuries(azleg.gov).gov
- Laws 2026, Chapter 60 (HB 2665), amending A.R.S. 13-1103(azleg.gov).gov
- 18 U.S.C. 1112, Manslaughter(govinfo.gov).gov
- A.R.S. 28-675, Causing death by use of a vehicle(azleg.gov).gov
- A.R.S. 13-1105, First degree murder(azleg.gov).gov
- Laws 2021, Chapter 46 (HB 2459), amending A.R.S. 13-1103(azleg.gov).gov
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