Arizona Laws 13-3410. Serious drug offender; sentencing; definitions
A. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of a pattern of engaging in conduct prohibited by this chapter, which constituted a significant source of the person’s income, shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.
Terms Used In Arizona Laws 13-3410
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Calendar year: means three hundred sixty-five days' actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from confinement on any other basis. See Arizona Laws 13-105
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Marijuana: means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. See Arizona Laws 13-3401
- Narcotic drugs: means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:
(a) Acetyl-alpha-methylfentanyl. See Arizona Laws 13-3401
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Threshold amount: means a weight, market value or other form of measurement of an unlawful substance as follows:
(a) One gram of heroin. See Arizona Laws 13-3401
B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of a serious drug offense and who committed the offense as part of the person’s association with and participation in the conduct of an enterprise as defined in section 13-2301, subsection D, paragraph 2, which is engaged in dealing in substances controlled by this chapter, and who organized, managed, directed, supervised or financed the enterprise with the intent to promote or further its criminal objectives shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served not less than twenty-five years or the sentence is commuted.
C. A person commits an offense as part of a pattern of engaging in conduct prohibited by this chapter if the person’s conduct involves at least three criminal acts that have the same or similar purposes, results, participants, victims or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.
D. For the purposes of this section:
1. "Serious drug offense" means any violation of, including any attempt or conspiracy to commit a violation of, Section 13-3404.01, section 13-3405, subsection A, paragraphs 2 through 4, section 13-3407, subsection A, paragraphs 2 through 7 or section 13-3408, subsection A, paragraphs 2 through 7 involving an amount of marijuana, dangerous drugs or narcotic drugs having a weight that equals or exceeds the statutory threshold amount, a felony violation of section 13-3406 or any violation of section 13-3409.
2. "Significant source of income" means a source of income that exceeds twenty-five thousand dollars received during a calendar year without reference to any exceptions, reductions or setoffs.