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Arizona Revised Statutes Title 13. Criminal Code § 13-501. Persons under eighteen years of age; felony charging; definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

A. The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. First degree murder in violation of § 13-1105.

2. Second degree murder in violation of § 13-1104.

3. Forcible sexual assault in violation of § 13-1406.

4. Armed robbery in violation of § 13-1904.

5. Any other violent felony offense.

6. Any felony offense committed by a chronic felony offender.

7. Any offense that is properly joined to an offense listed in this subsection.

B. Except as provided in subsection A of this section, the county attorney may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least fourteen years of age at the time the alleged offense is committed and the juvenile is accused of any of the following offenses:

1. A class 1 felony.

2. A class 2 felony.

3. A class 3 felony in violation of any offense in chapters 10 through 17  1 or chapter 19 or 23 of this title.  2

4. A class 3, 4, 5 or 6 felony involving a dangerous offense.

5. Any felony offense committed by a chronic felony offender.

6. Any offense that is properly joined to an offense listed in this subsection.

C. A criminal prosecution shall be brought against a juvenile in the same manner as an adult if the juvenile has been accused of a criminal offense and has a historical prior felony conviction.

D. At the time the county attorney files a complaint or indictment the county attorney shall file a notice stating that the juvenile is a chronic felony offender. Subject to subsection E of this section, the notice shall establish and confer jurisdiction over the juvenile as a chronic felony offender.

E. On motion of the juvenile the court shall hold a hearing after arraignment and before trial to determine if a juvenile is a chronic felony offender. At the hearing the state shall prove by a preponderance of the evidence that the juvenile is a chronic felony offender. If the court does not find that the juvenile is a chronic felony offender, the court shall transfer the juvenile to the juvenile court pursuant to § 8-302. If the court finds that the juvenile is a chronic felony offender or if the juvenile does not file a motion to determine if the juvenile is a chronic felony offender, the criminal prosecution shall continue.

F. Except as provided in § 13-921, a person who is charged pursuant to this section shall be sentenced in the criminal court in the same manner as an adult for any offense for which the person is convicted.

G. Unless otherwise provided by law, nothing in this section shall be construed as to confer jurisdiction in the juvenile court over any person who is eighteen years of age or older.

H. For the purposes of this section:

1. “Accused” means a juvenile against whom a complaint, information or indictment is filed.

2. “Chronic felony offender” means a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult.

3. “Forcible sexual assault” means sexual assault pursuant to § 13-1406 that is committed without consent as defined in § 13-1401, paragraph 7, subdivision (a).

4. “Other violent felony offense” means:

(a) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 1.

(b) Aggravated assault pursuant to § 13-1204, subsection A, paragraph 2 involving the use of a deadly weapon.

(c) Drive by shooting pursuant to § 13-1209.

(d) Discharging a firearm at a structure pursuant to § 13-1211.

1 Sections 13-1001 et seq. through 13-1701 et seq.
2 Sections 13-1901 et seq. or 13-2301 et seq.
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Cite this article: FindLaw.com - Arizona Revised Statutes Title 13. Criminal Code § 13-501. Persons under eighteen years of age; felony charging; definitions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-13-criminal-code/az-rev-st-sect-13-501/

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