Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1650 Comm Sub / Analysis

Filed 02/15/2022

                    Assigned to JUD 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B. 1650 
 
justification; crime prevention; criminal damage 
Purpose 
Classifies knowingly defacing or damaging property of another person while possessing a 
deadly weapon as a criminal damage offense subject to a class 3 felony. Expands use of force 
justification to include that a property owner or the owner's representative reasonably believes that 
the threat or use of physical or deadly force is immediately necessary to prevent the offender from 
committing criminal damage. 
Background 
A person commits criminal damage by: 1) recklessly defacing or damaging property of 
another person; 2) recklessly tampering with property of another person so as to substantially 
impair its function or value; 3) recklessly damaging property of a utility; 4) recklessly parking any 
vehicle in such a manner as to deprive livestock of access to the only reasonably available water; 
5) recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public 
or private building, structure or surface, except the ground, and that is made without permission 
of the owner; or 6) intentionally tampering with utility property. The penalty for criminal damage 
ranges from a class 2 misdemeanor to a class 4 felony depending on the monetary value of the 
damage caused (A.R.S. § 13-1602). 
A person is justified in threatening or using both physical force and deadly physical force 
against another if and to the extent the person reasonably believes that physical force or deadly 
physical force is immediately necessary in certain situations, including to prevent the offender's 
commission of arson of an occupied structure, burglary in the second or first degree, kidnapping, 
and manslaughter (A.R.S. § 13-411). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Deems, as justification for the threat or use of physical force or deadly physical force, that the 
owner or owner's representative of the property or land on which the property is located 
reasonably believes that physical force or deadly physical force is immediately necessary to 
prevent the offender from committing criminal damage. 
2. Classifies, as criminal damage subject to a class 3 felony, knowingly defacing or damaging 
property of another person while possessing a deadly weapon or dangerous instrument. 
  FACT SHEET 
S.B. 1650 
Page 2 
 
 
3. Makes technical and conforming changes. 
4. Becomes effective on the general effective date.  
Prepared by Senate Research 
February 15, 2022 
ZD/HK/sr