Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1102 (2026)

Negligent homicide; classification

✓ current as of May 2026
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A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development.  A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Negligent homicide is a class 4 felony.

 

Notes of Decisions
Cited in 47 cases (8 in the last 5 years), 1980–2026 · leading case: State v. Walton, 650 P.2d 1264 (Ariz. Ct. App. 1982).
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State v. Walton, 650 P.2d 1264 (Ariz. Ct. App. 1982). · cites it 8× “Whether the trial court erred in denying the defendant’s motion to dismiss based on his claim that A.R.S. §§ 13-1102 through 13-1105 violate equal protection and are void for vagueness; 3.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). · cites it 3× “170 (2008) (proscribing murder, manslaughter and criminally negligent homicide with respect to unborn child); Ariz. Rev. Stat. Ann. §§ 13-1102 , 13-1103, 13-1104 and 13-1105 (Cum.”
State v. Comer, 799 P.2d 333 (Ariz. 1990). · cites it 4× “See A.R.S. §§ 13-1102(A) and -1103(A). VENUE Appellant next argues that because the evidence showed that one act of sexual abuse (Count XII) and one act of sexual assault (Count XIII) were committed in Gila County, the Maricopa County Superior Court was without jurisdiction to…”
State v. Neal, 692 P.2d 272 (Ariz. 1984). · cites it 4× “Negligent homicide is established when a person fails to perceive the substantial and unjustifiable risk that his or her conduct will cause the death of another.”
State v. Sparks, 708 P.2d 732 (Ariz. 1985). · cites it 8× “§ 13-703; and to a term of eight years for the negligent homicide to be served consecutively to the life sentence, A.”
State v. Nunez, 806 P.2d 861 (Ariz. 1991). · cites it 4× “The elements of negligent homicide are found in A.R.S. § 13-1102(A), which provides in part: "A person commits negligent homicide if with criminal negligence such person causes the death of another person.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). · cites it 2× “130 (offense called "criminally negligent homicide" and requires criminal negligence); Ariz.Rev.Stat. Ann. § 13-1102 (offense called "negligent homicide" and requires criminal negligence); Ark.”
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010). · cites it 4× “” A.R.S. § 13-1102(A). “ ‘Criminal negligence’ means with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the *192 result will occur or that the circumstance exists.”
State v. Fisher, 686 P.2d 750 (Ariz. 1984). · cites it 2× “See A.R.S. §§ 13-1102 to -1105. To prove hindering prosecution in the first degree, the state must show that a defendant intended to hinder the apprehension, prosecution, conviction, or punishment of another for a felony and that the defendant rendered assistance to such person.”
State v. Nelson, 150 P.3d 769 (Ariz. Ct. App. 2007). · cites it 2× “” A.R.S. § 13-1102(A) (2001 & Supp.2006). “Criminal negligence” is defined in A.”
State v. Olsen, 760 P.2d 603 (Ariz. Ct. App. 1988). · cites it 4× “Initially, we note that appellant was convicted of a violation of A.R.S. § 13-1102, which states in part: A person commits negligent homicide if with criminal negligence such person causes the death of another person.”
State v. Ruelas, 798 P.2d 1335 (Ariz. Ct. App. 1990). · cites it 6× “section 13-1102 had no predecessor statute, we note that it has an element in common with the former involuntary manslaughter statute, in that the latter also contemplated an act committed unintentionally rather than intentionally.”
Show all 47 citing cases →
— Ariz. Rev. Stat. § 13-1102(A) — 23 cases
State v. Comer, 799 P.2d 333 (Ariz. 1990). “See A.R.S. §§ 13-1102(A) and -1103(A). VENUE Appellant next argues that because the evidence showed that one act of sexual abuse (Count XII) and one act of sexual assault (Count XIII) were committed in Gila County, the Maricopa County Superior Court was without jurisdiction to…”
State v. Nunez, 806 P.2d 861 (Ariz. 1991). “The elements of negligent homicide are found in A.R.S. § 13-1102(A), which provides in part: "A person commits negligent homicide if with criminal negligence such person causes the death of another person.”
State v. Nelson, 150 P.3d 769 (Ariz. Ct. App. 2007). “” A.R.S. § 13-1102(A) (2001 & Supp.2006). “Criminal negligence” is defined in A.”
State ex rel. Thomas v. Duncan, 165 P.3d 238 (Ariz. Ct. App. 2007).
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010). “” A.R.S. § 13-1102(A). “ ‘Criminal negligence’ means with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the *192 result will occur or that the circumstance exists.”
— Ariz. Rev. Stat. § 13-1102(A)(2001) — 1 case
State v. Far West Water & Sewer Inc., 228 P.3d 909 (Ariz. Ct. App. 2010). “” A.R.S. § 13-1102(A). “ ‘Criminal negligence’ means with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the *192 result will occur or that the circumstance exists.”
— Ariz. Rev. Stat. § 13-1102(C) — 1 case
State v. Koryor (Ariz. Ct. App. 2019).
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