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

Ariz. Rev. Stat. § 13-1209 (2026)

Drive by shooting; forfeiture; driver license revocation; classification; definitions

✓ current as of May 2026
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A. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.

B. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.

C. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.

D. Drive by shooting is a class 2 felony.

E. As used in this section:

1. "Motor vehicle" has the same meaning prescribed in section 28-101.

2. "Occupied structure" has the same meaning prescribed in section 13-3101.

Notes of Decisions
Cited in 28 cases (9 in the last 5 years), 1996–2026 · leading case: State v. Lewis, 214 P.3d 409 (Ariz. Ct. App. 2009).
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State v. Lewis, 214 P.3d 409 (Ariz. Ct. App. 2009). · cites it 4× “” See A.R.S. § 13-1209(A) (“A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.”
State v. Siner, 69 P.3d 1022 (Ariz. Ct. App. 2003). · cites it 6× “See A.R.S. § 13-1209. But intentionally shooting from a vehicle at a home would constitute drive-by shooting.”
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017). · cites it 4× “2011) ("intentionally discharging a weapon from a motor vehicle at a person" under A.R.S. § 13-1209(A) (2016) requires proof defendant intentionally targeted a particular person); State v.”
State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “3 See Ariz. Rev. Stat. Ann. § 13-1209 (A) (1994) (“Drive-By Shooting[]” consists of “intentionally discharging a weapon from a motor vehicle.”
State v. Price, 171 P.3d 1223 (Ariz. 2007). · cites it 2× “") § 13-1209 (2001), a class two felony; three counts of aggravated assault of passengers in the car, A.”
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996). · cites it 2× “Appellant Miguel Baldenegro appeals from his convictions of three counts of drive-by shooting (counts one, two, and three; A.R.S. § 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal…”
State v. Booker, 53 P.3d 635 (Ariz. Ct. App. 2002). · cites it 3× “” A.R.S. § 13-1209(A). For either offense, a person may be criminally accountable under a principal or accomplice liability theory.”
In Re Cameron T., 949 P.2d 545 (Ariz. Ct. App. 1997). · cites it 2× “§ 13-1204(A)(2)), drive-by shooting (A.R.S. § 13-1209), and discharging a firearm at a structure (A.”
State v. Rivera, 247 P.3d 560 (Ariz. Ct. App. 2011). · cites it 2× “The parties have not argued and we do not decide whether § 13-1209(A) describes two dif *329 ferent crimes or two ways of committing a single crime under State v.”
State v. Hoover, 986 P.2d 219 (Ariz. Ct. App. 1998). · cites it 9× “The subsequent police investigation revealed that three adults and six children were asleep in the residence when defendant fired the pistol.”
State v. Torres-Mercado, 955 P.2d 35 (Ariz. Ct. App. 1997). · cites it 2× “A.R.S. § 13-1209 (Supp. 1996). Endangerment is defined as “recklessly endangering another person with a substantial risk of imminent death or physical injury.”
State v. Cisneroz, 947 P.2d 889 (Ariz. Ct. App. 1997). “) § 13-1209(A) (Supp.1996). The elements of disorderly conduct are: (1) intending to disturb the peace or quiet of a neighborhood, family, or person, or with knowledge of doing so by (2) recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.”
Show all 28 citing cases →
— Ariz. Rev. Stat. § 13-1209(A) — 17 cases
State v. Lewis, 214 P.3d 409 (Ariz. Ct. App. 2009). “” See A.R.S. § 13-1209(A) (“A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.”
State v. Siner, 69 P.3d 1022 (Ariz. Ct. App. 2003). “See A.R.S. § 13-1209. But intentionally shooting from a vehicle at a home would constitute drive-by shooting.”
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017). “2011) ("intentionally discharging a weapon from a motor vehicle at a person" under A.R.S. § 13-1209(A) (2016) requires proof defendant intentionally targeted a particular person); State v.”
State v. Baldenegro, 932 P.2d 275 (Ariz. Ct. App. 1996). “Appellant Miguel Baldenegro appeals from his convictions of three counts of drive-by shooting (counts one, two, and three; A.R.S. § 13-1209(A),(B)), three counts of aggravated assault (counts four, five, and six; § 13-1204(A)(2), (B)), and one count each of assisting a criminal…”
State v. Rivera, 247 P.3d 560 (Ariz. Ct. App. 2011). “The parties have not argued and we do not decide whether § 13-1209(A) describes two dif *329 ferent crimes or two ways of committing a single crime under State v.”
— Ariz. Rev. Stat. § 13-1209(A)(2) — 1 case
State v. Silva (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-1209(D) — 1 case
State v. Booker, 53 P.3d 635 (Ariz. Ct. App. 2002). “” A.R.S. § 13-1209(A). For either offense, a person may be criminally accountable under a principal or accomplice liability theory.”
— Ariz. Rev. Stat. § 13-1209(E)(2) — 1 case
State v. Hoover, 986 P.2d 219 (Ariz. Ct. App. 1998). “The subsequent police investigation revealed that three adults and six children were asleep in the residence when defendant fired the pistol.”
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