Arizona Revised Statutes

Ariz. Rev. Stat. § 13-102 (2026)

Applicability of title

✓ current as of May 2026

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A. Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure.

B. This title does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws, nor any power conferred by law to impose or inflict punishment for contempt.

C. This title does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.

D. Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1984–2024 · leading case: State v. Fell, 52 P.3d 218 (Ariz. Ct. App. 2002).

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State v. Fell, 52 P.3d 218 (Ariz. Ct. App. 2002). · cites it 6× “” ¶ 4 Waldstein contends § 13-102(D) controls here, permitting her to pursue a necessity defense.”

State v. Burke, 360 P.3d 118 (Ariz. Ct. App. 2015). · cites it 2× “See A.R.S. § 13-102(D) (2010) (“Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this *327 title shall govern the construction of and punishment for any offense defined outside this title.”

Khristina Lyn Shifflette v. Hon. Marner, 534 P.3d 101 (Ariz. Ct. App. 2023). · cites it 4× “See A.R.S. § 13-102(D). However, the respondent concluded that A.”

Moreno v. Jones, 139 P.3d 612 (Ariz. 2006). “¶ 29 Nor do we find persuasive Moreno’s reference to A.R.S. 13-102(D) (2001), which states: “Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined…”

Puz v. McDonald, 680 P.2d 213 (Ariz. Ct. App. 1984). · cites it 2× “First, although we have found no judicial precedent on point, we believe that the legislature has expressed its intent that punitive damages not be precluded by prior criminal sanctions in A.R.S. § 13-102(C), which provides: “This title does not bar, suspend or otherwise affect…”

State v. Yazzie, 307 P.3d 1042 (Ariz. Ct. App. 2013). · cites it 2× “See A.R.S. § 13-102(D) ("Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.”

State v. Corno, 876 P.2d 1186 (Ariz. Ct. App. 1994). · cites it 2× “section 13-102(A) (1989), which states: “Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure.”

State v. Miguel, 101 P.3d 214 (Ariz. Ct. App. 2004). · cites it 8× “§ 13-102(A) (2001) which provides: Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure. According to the State, the…”

State v. Hon gordon/owen, 544 P.3d 673 (Ariz. Ct. App. 2024). · cites it 2× “See A.R.S. § 13-102(D) (“Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.”

— Ariz. Rev. Stat. § 13-102(A) — 2 cases

State v. Corno, 876 P.2d 1186 (Ariz. Ct. App. 1994). “section 13-102(A) (1989), which states: “Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure.”

State v. Miguel, 101 P.3d 214 (Ariz. Ct. App. 2004). “§ 13-102(A) (2001) which provides: Except as otherwise provided by law, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this title but by the rules of criminal procedure. According to the State, the…”

— Ariz. Rev. Stat. § 13-102(C) — 1 case

Puz v. McDonald, 680 P.2d 213 (Ariz. Ct. App. 1984). “First, although we have found no judicial precedent on point, we believe that the legislature has expressed its intent that punitive damages not be precluded by prior criminal sanctions in A.R.S. § 13-102(C), which provides: “This title does not bar, suspend or otherwise affect…”

— Ariz. Rev. Stat. § 13-102(D) — 6 cases

State v. Fell, 52 P.3d 218 (Ariz. Ct. App. 2002). “” ¶ 4 Waldstein contends § 13-102(D) controls here, permitting her to pursue a necessity defense.”

State v. Burke, 360 P.3d 118 (Ariz. Ct. App. 2015). “See A.R.S. § 13-102(D) (2010) (“Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this *327 title shall govern the construction of and punishment for any offense defined outside this title.”

Khristina Lyn Shifflette v. Hon. Marner, 534 P.3d 101 (Ariz. Ct. App. 2023). “See A.R.S. § 13-102(D). However, the respondent concluded that A.”

State v. Yazzie, 307 P.3d 1042 (Ariz. Ct. App. 2013). “See A.R.S. § 13-102(D) ("Except as otherwise expressly provided, or unless the context otherwise requires, the provisions of this title shall govern the construction of and punishment for any offense defined outside this title.”

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