HB 2520
Initials NM Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2520: defense of duress; unavailable offenses
Sponsor: Representative Way, LD 15
Committee on Judiciary
Overview
Expands the list of offenses for which the duress defense is unavailable.
History
The duress defense in Arizona allows a person to avoid criminal liability if he was compelled
to commit an offense due to an imminent threat of physical force that could cause serious
physical injury to himself or another, and a reasonable person in the same situation would
not have resisted. However, this defense is not available if the person intentionally,
knowingly or recklessly placed himself in a situation where duress was likely, or if the offense
involved homicide or serious physical injury (A.R.S. § 13-412).
Provisions
1. Adds that the duress defense is unavailable if the offence is:
a) child sex trafficking;
b) a failure to report child abuse;
c) child or vulnerable adult abuse;
d) a sexual offence; or
e) the sexual exploitation of children. (Sec. 1)
2. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note