REFERENCE TITLE: strict liability offenses; expressly prescribed State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2669 Introduced by Representatives Kolodin: Carter N, Chaplik, Hendrix, Keshel, Marshall, Powell AN ACT Amending section 13-202, Arizona Revised Statutes; relating to criminal liability. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: strict liability offenses; expressly prescribed
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2669
Introduced by Representatives Kolodin: Carter N, Chaplik, Hendrix, Keshel, Marshall, Powell
REFERENCE TITLE: strict liability offenses; expressly prescribed
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2669
Introduced by
Representatives Kolodin: Carter N, Chaplik, Hendrix, Keshel, Marshall, Powell
AN ACT
Amending section 13-202, Arizona Revised Statutes; relating to criminal liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 13-202, Arizona Revised Statutes, is amended to read: START_STATUTE13-202. Construction of statutes with respect to culpability A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears. B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable a knowingly mental state is required for the commission of such offense. , and the An offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state only if the statute expressly prescribes it as one of strict liability or expressly prescribes it as an offense for which no culpable mental state is required. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility. C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-202, Arizona Revised Statutes, is amended to read:
START_STATUTE13-202. Construction of statutes with respect to culpability
A. If a statute defining an offense prescribes a culpable mental state that is sufficient for commission of the offense without distinguishing among the elements of such offense, the prescribed mental state shall apply to each such element unless a contrary legislative purpose plainly appears.
B. If a statute defining an offense does not expressly prescribe a culpable mental state that is sufficient for commission of the offense, no culpable a knowingly mental state is required for the commission of such offense. , and the An offense is one of strict liability unless the proscribed conduct necessarily involves a culpable mental state only if the statute expressly prescribes it as one of strict liability or expressly prescribes it as an offense for which no culpable mental state is required. If the offense is one of strict liability, proof of a culpable mental state will also suffice to establish criminal responsibility.
C. If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts intentionally, knowingly or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally. END_STATUTE