Ariz. Rev. Stat. » Title 13

Ariz. Rev. Stat. § 13-104

Rule of construction

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The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be construed according to the fair meaning of their terms to promote justice and effect the objects of the law, including the purposes stated in section 13-101.

Notes of Decisions
Cited in 67 cases (5 in the last 5 years), 1970–2026 · leading case: State v. Gallegos
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State v. Gallegos (1994) ariz · cites it 8× “A.R.S. § 13-104 [1] ; see also State v. Tramble, 144 Ariz.”
State v. Fell (2002) arizctapp · cites it 4× “¶ 5 In denying the state’s petition for special action, the respondent judge essentially ruled that § 13-102(D) prevails over § 13-401(B), relying primarily on the so-called rule of lenity set forth in A.R.S. § 13-104. That statute provides: “The general rule that a penal…”
State v. Flores (1989) arizctapp · cites it 8× “Last, we turn to A.R.S. § 13-104, pertinent to our analysis, which provides: The general rule that a penal statute is to be strictly construed does not apply to this title, but the provisions herein must be construed according to the fair meaning of their terms to promote…”
State v. Barnett (1984) ariz · cites it 3× “01 comports with the general rule of construction stated in A.R.S. § 13-104. “§ 13-104. Rules of construction.”
State v. Williams (1993) ariz · cites it 2× “We first look at our aggravated assault statute.”
State v. Lammie (1990) arizctapp · cites it 4× “' A.R.S. § 13-104; State v. Tramble, 144 Ariz.”
State v. Gonzalez (2007) arizctapp · cites it 2× “” A.R.S. § 13-104. But we cannot supply a punishment the legislature did not enact.”
Calik v. Kongable (1999) ariz · cites it 2× “” A.R.S. § 13-104. It is true, as the court of appeals said, that time in jail can be an effective adjunct to probation.”
Vo v. Superior Court (1992) arizctapp · cites it 2× “” A.R.S. § 13-104; see also State v. Tramble, 144 Ariz.”
State v. Christian (2002) arizctapp · cites it 4× “[5] We have employed the rule of construction supplied by A.R.S. § 13-104(2001) that "the provisions herein must be construed according to the fair meaning of their terms.”
State v. Soza (2020) arizctapp · cites it 2× “490, 493 (1990); see also A.R.S. § 13-104 (requiring criminal statutes to “be construed according to the fair meaning of their terms to promote justice and effect the objects of the law”).”
State v. Korovkin (2002) arizctapp · cites it 2× “” A.R.S. § 13-104. ¶ 15 We give an undefined word in a statute its ordinary meaning unless it appears from the context or otherwise that the legislature intended a different meaning.”
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— Ariz. Rev. Stat. § 13-104(2001) — 1 case
State v. Christian (2002) arizctapp “[5] We have employed the rule of construction supplied by A.R.S. § 13-104(2001) that "the provisions herein must be construed according to the fair meaning of their terms.”
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