Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-863 (2026)

Trial; classification; appeal

✓ current as of May 2026
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A. The trial as provided in section 12-862 may be by the court, or, upon demand of the person allegedly in contempt, shall be by a jury as upon a trial for a misdemeanor.

B. Any person found in contempt is guilty of a class 2 misdemeanor.

C. The fine shall be paid to the clerk of the court, or to the party injured by the act constituting the contempt, or may be apportioned where more than one party is damaged.

D. An appeal may be taken as in criminal cases and the appeal shall stay execution of the sentence and the person found guilty of contempt, if sentenced to imprisonment, shall be admitted to bail.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1965–2026 · leading case: Green v. Lisa Frank, Inc., 211 P.3d 16 (Ariz. Ct. App. 2009).
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Green v. Lisa Frank, Inc., 211 P.3d 16 (Ariz. Ct. App. 2009). · cites it 8× “¶ 18 Although a finding of criminal contempt is specifically appealable by statute, see A.R.S. § 12-863(D), there is no such provision in § 12-864, the civil contempt statute.”
State v. Cohen, 489 P.2d 283 (Ariz. Ct. App. 1971). · cites it 14× “Under A.R.S. § 12-863, the contemnor is given a trial and is entitled to a jury upon demand.”
Stoddard v. Donahoe, 228 P.3d 144 (Ariz. Ct. App. 2010). · cites it 3× “” A.R.S. § 12-863. ¶ 11 Civil contempt is defined in § 12-864 (2003).”
Ottaway v. Smith, 113 P.3d 1247 (Ariz. Ct. App. 2005). · cites it 3× “§ 12-861 (2003), 2 and yet, unlike § 13-2810, § 12-863 permits a jury trial of such charges at the defendant’s request.”
In Re Manny, 120 P.3d 1111 (Ariz. Ct. App. 2005). · cites it 6× “§§ 12-861 through 12-865 rather than the specific juvenile contempt provisions of § 8-234.”
State v. Betts, 406 P.2d 229 (Ariz. Ct. App. 1965). · cites it 2× “* * * ” “§ 12-863. Trial; sentence; fine; appeal “A.”
In Re Gina Manny (Ariz. Ct. App. 2005). · cites it 6× “§§ 12-861 through 12-865 rather than the specific juvenile contempt provisions of § 8-234.”
Lisa Frank v. James A. Green (Ariz. Ct. App. 2009). · cites it 4× “¶18 Although a finding of criminal contempt is specifically appealable by statute, see A.R.S. § 12-863(D), there is no such provision in § 12-864, the civil contempt statute.”
Isom v. Isom (Ariz. Ct. App. 2026). · cites it 2× “See A.R.S. § 12-863 (“An appeal may be taken as in criminal cases.”
Pace v. Pace, 626 P.2d 619 (Ariz. Ct. App. 1981). · cites it 2× “01 both defines a criminal offense and by its reference to § 12-862 incorporates the right to appeal granted in § 12-863. We are faced, then, with the proposition that insofar as the legislature’s reference to A.”
State v. Spence, 430 P.2d 453 (Ariz. Ct. App. 1967). · cites it 2× “” A.R.S. § 12-863, subsec. C. Also, the defendant in this case being required to pay this amount to the wife in any event should not be subject to double assessment of the $1,500.”
— Ariz. Rev. Stat. § 12-863(A) — 1 case
Ottaway v. Smith, 113 P.3d 1247 (Ariz. Ct. App. 2005). “§ 12-861 (2003), 2 and yet, unlike § 13-2810, § 12-863 permits a jury trial of such charges at the defendant’s request.”
— Ariz. Rev. Stat. § 12-863(B) — 2 cases
In Re Manny, 120 P.3d 1111 (Ariz. Ct. App. 2005). “§§ 12-861 through 12-865 rather than the specific juvenile contempt provisions of § 8-234.”
In Re Gina Manny (Ariz. Ct. App. 2005). “§§ 12-861 through 12-865 rather than the specific juvenile contempt provisions of § 8-234.”
— Ariz. Rev. Stat. § 12-863(D) — 3 cases
Green v. Lisa Frank, Inc., 211 P.3d 16 (Ariz. Ct. App. 2009). “¶ 18 Although a finding of criminal contempt is specifically appealable by statute, see A.R.S. § 12-863(D), there is no such provision in § 12-864, the civil contempt statute.”
Lisa Frank v. James A. Green (Ariz. Ct. App. 2009). “¶18 Although a finding of criminal contempt is specifically appealable by statute, see A.R.S. § 12-863(D), there is no such provision in § 12-864, the civil contempt statute.”
Pace v. Pace, 626 P.2d 619 (Ariz. Ct. App. 1981). “01 both defines a criminal offense and by its reference to § 12-862 incorporates the right to appeal granted in § 12-863. We are faced, then, with the proposition that insofar as the legislature’s reference to A.”
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