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

Ariz. Rev. Stat. § 13-1303 (2026)

Unlawful imprisonment; classification; definition

✓ current as of May 2026
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A. A person commits unlawful imprisonment by knowingly restraining another person.

B. In any prosecution for unlawful imprisonment, it is a defense that:

1. The restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty; or

2. The defendant is a relative of the person restrained and the defendant's sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury.

C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest in which case it is a class 1 misdemeanor.

D. For the purposes of this section, "detention officer" means a person other than an elected official who is employed by a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial, clerical or professionally trained personnel.

 

Notes of Decisions
Cited in 42 cases (8 in the last 5 years), 1967–2026 · leading case: State v. Henderson, 115 P.3d 601 (Ariz. 2005).
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State v. Henderson, 115 P.3d 601 (Ariz. 2005). · cites it 8× “The jury did not convict him of kidnapping, but did find him guilty of the lesser included offense of unlawful imprisonment, A.R.S. § 13-1303 (2001). ¶ 4 Pursuant to A.”
State v. Lawrence, 663 P.2d 561 (Ariz. 1983). · cites it 40× “, because we believe that this case requires us to construe A.R.S. § 13-1303, the statute under which Lawrence was prosecuted and convicted.”
State v. Gonzales, 681 P.2d 1368 (Ariz. 1984). · cites it 16× “GORDON, Vice Chief Justice: Defendant-appellant Manuel Romero Gonzales was convicted of unlawful imprisonment in violation of A.R.S. § 13-1303. The issue on appeal is whether the trial court erred in excluding expert witness testimony on the defendant's low intelligence, mental…”
State v. Atwood, 832 P.2d 593 (Ariz. 1992). · cites it 4× “2d 849 (1983); A.R.S. § 13-1303 ("A person commits unlawful imprisonment by knowingly restraining another person.”
State v. Bearup, 211 P.3d 684 (Ariz. 2009). · cites it 4× “See A.R.S. § 13-1303(A) (2001). Had Bear-up been convicted of unlawful imprisonment rather than kidnapping, he could not have been convicted of felony murder because unlawful imprisonment is not a predicate crime for felony murder.”
State v. Henderson, 100 P.3d 911 (Ariz. Ct. App. 2004). · cites it 4× “Compare A.R.S. § 13-1303(A) (2001) ("A person commits unlawful imprisonment by knowingly restraining another person.”
State v. Eagle, 994 P.2d 395 (Ariz. 2000). · cites it 4× “" A.R.S. § 13-1303(C). The court of appeals concluded that the trial court properly refused to submit a special interrogatory to the jury because "there was no evidence the victim was released voluntarily.”
State v. Hargrave, 234 P.3d 569 (Ariz. 2010). · cites it 2× “¶ 38 Unlawful imprisonment, defined as “knowingly restraining another person,” AR.S. § 13-1303(A) (2010), is a lesser-included offense of kidnapping, which is “knowingly restraining another person with the intent to [i]nfliet death, physical injury or .”
Christopher K. v. Markaa S., 311 P.3d 1110 (Ariz. Ct. App. 2013). · cites it 2× “§ 13-1203, unlawful imprisonment under AR.S. § 13-1303, or child abuse under A.R.”
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). · cites it 2× “” A.R.S. § 13-1303(A) (1989). Kidnapping is “knowingly restraining another person with the intent to” commit any one of six enumerated types of prohibited conduct.”
State of Arizona v. George Benjamin Larin, 310 P.3d 990 (Ariz. Ct. App. 2013). · cites it 2× “” Larin contends that, because “three [men] order[ed] the two victims to remain on the couch,” the jury could have believed he was “unarmed or not attempting to aid” the others, and the court therefore should have given an unlawful imprisonment instruction.”
Peter J. Kaniowsky v. the Pima Cnty. Consol. Just. Court The Hon. Maria L. Felix, 371 P.3d 654 (Ariz. Ct. App. 2016). · cites it 7× “False Imprisonment at Common Law ¶ 7 Kaniowsky argues that unlawful imprisonment pursuant to AR.S. § 13-1303 is the modern day analog to the jury-eligible, common law offense of false imprisonment.”
Show all 42 citing cases →
— Ariz. Rev. Stat. § 13-1303(A) — 20 cases
State v. Bearup, 211 P.3d 684 (Ariz. 2009). “See A.R.S. § 13-1303(A) (2001). Had Bear-up been convicted of unlawful imprisonment rather than kidnapping, he could not have been convicted of felony murder because unlawful imprisonment is not a predicate crime for felony murder.”
State v. Gonzales, 681 P.2d 1368 (Ariz. 1984). “GORDON, Vice Chief Justice: Defendant-appellant Manuel Romero Gonzales was convicted of unlawful imprisonment in violation of A.R.S. § 13-1303. The issue on appeal is whether the trial court erred in excluding expert witness testimony on the defendant's low intelligence, mental…”
State v. Henderson, 100 P.3d 911 (Ariz. Ct. App. 2004). “Compare A.R.S. § 13-1303(A) (2001) ("A person commits unlawful imprisonment by knowingly restraining another person.”
State v. Hargrave, 234 P.3d 569 (Ariz. 2010). “¶ 38 Unlawful imprisonment, defined as “knowingly restraining another person,” AR.S. § 13-1303(A) (2010), is a lesser-included offense of kidnapping, which is “knowingly restraining another person with the intent to [i]nfliet death, physical injury or .”
State v. Tschilar, 27 P.3d 331 (Ariz. Ct. App. 2001). “” A.R.S. § 13-1303(A) (1989). Kidnapping is “knowingly restraining another person with the intent to” commit any one of six enumerated types of prohibited conduct.”
— Ariz. Rev. Stat. § 13-1303(A)(1989) — 1 case
Amancio v. Forster, 993 P.2d 1059 (Ariz. Ct. App. 1999).
— Ariz. Rev. Stat. § 13-1303(B)(1) — 2 cases
Quinn v. Cardenas, 535 P.3d 921 (Ariz. Ct. App. 2023).
State v. Lawrence, 663 P.2d 561 (Ariz. 1983). “, because we believe that this case requires us to construe A.R.S. § 13-1303, the statute under which Lawrence was prosecuted and convicted.”
— Ariz. Rev. Stat. § 13-1303(B)(2) — 2 cases
State v. Lawrence, 663 P.2d 561 (Ariz. 1983). “, because we believe that this case requires us to construe A.R.S. § 13-1303, the statute under which Lawrence was prosecuted and convicted.”
State v. Lawrence, 663 P.2d 580 (Ariz. Ct. App. 1982).
— Ariz. Rev. Stat. § 13-1303(C) — 3 cases
State v. Eagle, 994 P.2d 395 (Ariz. 2000). “" A.R.S. § 13-1303(C). The court of appeals concluded that the trial court properly refused to submit a special interrogatory to the jury because "there was no evidence the victim was released voluntarily.”
Amancio v. Forster, 993 P.2d 1059 (Ariz. Ct. App. 1999).
Peter J. Kaniowsky v. the Pima Cnty. Consol. Just. Court The Hon. Maria L. Felix, 371 P.3d 654 (Ariz. Ct. App. 2016). “False Imprisonment at Common Law ¶ 7 Kaniowsky argues that unlawful imprisonment pursuant to AR.S. § 13-1303 is the modern day analog to the jury-eligible, common law offense of false imprisonment.”
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