Arizona Laws 13-402. Justification; execution of public duty
A. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.
Terms Used In Arizona Laws 13-402
- Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
- Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 13-105
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
- 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
- Physical force: means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. See Arizona Laws 13-105
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
B. The justification afforded by subsection A also applies if:
1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer’s duties, notwithstanding that the officer exceeded the officer’s legal authority.