A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter.
B. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person's natural life.
Notes of Decisions
Cited in
4
cases, 1974–2015 · leading case:
State v. Garcia, 193 P.3d 798 (Ariz. Ct. App. 2008).
State v. Garcia, 193 P.3d 798 (Ariz. Ct. App. 2008).
· cites it 2× “”); A.R.S. § 13-1423(A) (Supp. 2007) (“A person is guilty of violent sexual assault if in the course of committing an offense under § 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument…”
State v. Brennan, 528 P.2d 857 (Ariz. Ct. App. 1974).
· cites it 5× “In the meantime Kelleher radioed head *472 quarters and received information that there was a traffic warrant for the arrest of Brennan for failure to appear for a speeding ticket in violation of A.R.S. § 13-1423. The officer then placed Brennan under arrest, searched him…”
State ex rel. Thomas v. Talamante, 149 P.3d 484 (Ariz. Ct. App. 2006).
· cites it 29× “He argued that the State was not required to introduce this evidence to secure a conviction because the Prior Conviction was a sentencing enhancement factor rather than an element of violent sexual assault pursuant to A.R.S. § 13-1423. Murray alternatively contended that the…”
State v. Kummer (Ariz. Ct. App. 2015).
· cites it 2× “A.R.S. § 13-1423(B). As the sentences are within the statutory limits, and the record does not indicate any abuse of discretion, we will not disturb the sentences on appeal.”
— Ariz. Rev. Stat. § 13-1423(A) — 1 case
State v. Garcia, 193 P.3d 798 (Ariz. Ct. App. 2008).
“”); A.R.S. § 13-1423(A) (Supp. 2007) (“A person is guilty of violent sexual assault if in the course of committing an offense under § 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument…”
— Ariz. Rev. Stat. § 13-1423(B) — 1 case
State v. Kummer (Ariz. Ct. App. 2015).
“A.R.S. § 13-1423(B). As the sentences are within the statutory limits, and the record does not indicate any abuse of discretion, we will not disturb the sentences on appeal.”
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