Resisting Arrest & Hindering Prosecution in Arizona
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Resisting Arrest & Hindering Prosecution in Arizona

13-2501.  Definitions
In this chapter, unless the context otherwise requires:

  1. "Contraband" means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined by section 41-2801, or of any person within a correctional or juvenile secure care facility.
  2. "Correctional facility" means any place used for the confinement or control of a person:
    1. Charged with or convicted of an offense; or
    2. Held for extradition; or
    3. Pursuant to an order of court for law enforcement purposes.
    Lawful transportation or movement incident to correctional facility confinement pursuant to this paragraph is within the control of a correctional facility.  However, for purposes of this chapter, being within the control of a correctional facility does not include release on parole, on community supervision, on probation or by other lawful authority upon the condition of subsequent personal appearance at a designated place and time.
  3. "Custody" means the imposition of actual or constructive restraint pursuant to an onsite arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital.
  4. "Escape" means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.

13-2508.  Resisting arrest; classification

  1. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by:
    1. Using or threatening to use physical force against the peace officer or another; or
    2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
  2. Resisting arrest is a class 6 felony.

13-2510.  Hindering prosecution; definition
For purposes of sections 13-2511 and 13-2512 a person renders assistance to another person by knowingly:

  1. Harboring or concealing the other person; or
  2. Warning the other person of impending discovery, apprehension, prosecution or conviction.  This does not apply to a warning given in connection with an effort to bring another into compliance with the law; or
  3. Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction; or
  4. Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or
  5. Suppressing by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the other person; or
  6. Concealing the identity of the other person.

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13-2511.  Hindering prosecution in the second degree; classification

  1. A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such person renders assistance to such person.
  2. Hindering prosecution in the second degree is a class 1 misdemeanor.

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13-2512.  Hindering prosecution in the first degree; classification

  1. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any felony, the person renders assistance to the other person.
  2. Hindering prosecution in the first degree is a class 5 felony, except that it is a class 3 felony if either:
    1. The person knows or has reason to know that the offense involves terrorism or murder.
    2. The person commits the offense with the intent to promote, further or assist a criminal street gang.

Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)

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Laws in Arizona Resisting Arrest and Hindering Prosecution