In this chapter, unless the context otherwise requires:
1. "Contraband" means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive, wireless communication device, multimedia storage device or other article whose use or possession would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined in section 41-2801, or of any person within a correctional or juvenile secure care facility.
2. "Correctional facility" means any place used for the confinement or control of a person:
(a) Charged with or convicted of an offense; or
(b) Held for extradition; or
(c) Pursuant to an order of court for law enforcement purposes.
Lawful transportation or movement incident to correctional facility confinement pursuant to this paragraph is within the control of a correctional facility. For the purposes of this chapter, being within the control of a correctional facility does not include release on parole, on community supervision, on probation or by other lawful authority on the condition of subsequent personal appearance at a designated place and time.
3. "Custody" means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital.
4. "Escape" means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.
Notes of Decisions
Cited in
31
cases (
3 in the last 5 years), 1984–2026 · leading case:
State v. Stroud, 103 P.3d 912 (Ariz. 2005).
State v. Stroud, 103 P.3d 912 (Ariz. 2005).
· cites it 6× “” A.R.S. § 13-2501(3) (2001). “Restraint” is not defined by statute, but the common understanding of the word connotes controlling, limiting, or restricting the movement of another.”
State v. Newman, 688 P.2d 180 (Ariz. 1984).
· cites it 4× “” A.R.S. §§ 13-2501(3), 31-341(2). Appellants urge that this definition should apply to A.”
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
· cites it 3× “¶ 5 Romero argues the trial court erred because “the phrase ‘promoting prison contraband’ is merely the title of the statute and descriptor of the crime [and] ‘headings to sections .”
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992).
· cites it 4× ““Custody” is defined as “the imposition of actual or constructive restraint pursuant to an on site arrest____” A.R.S. § 13-2501(3) (emphasis added). “[A]n arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making…”
Cienfuegos v. Superior Court, 837 P.2d 1196 (Ariz. Ct. App. 1992).
· cites it 7× “Arizona Revised Statutes section 13-2501 provides in pertinent part: In this chapter, unless the context otherwise requires: 2.”
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
· cites it 3× “A.R.S. § 13-2501(1) (2016). At trial, there was no dispute that Francis knew he possessed the cell phone; the issue on appeal is whether § 13-2505(A)(3) required proof he knew the cell phone was "contraband," within the meaning of § 13-2501(1).”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
· cites it 4× ““Contraband” is defined as “any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or other article whose use or possession would endanger the safety, security or preservation of order in a correctional…”
In re Brittany Y., 147 P.3d 1047 (Ariz. Ct. App. 2006).
· cites it 4× “An escape occurs when there is a “departure from custody ... with knowledge that such departure is unpermitted.”
State v. Cid, 892 P.2d 216 (Ariz. Ct. App. 1995).
“Arizona statutory section 13-2501(2) defines “correctional facility,” in relevant part, as “any place used for the confinement or control of a person____” (Emphasis added).”
State v. Hines, 307 P.3d 1034 (Ariz. Ct. App. 2013).
· cites it 5× “A.R.S. § 13-2501(1). Promoting prison contraband is a class 2 felony if the contraband is a dangerous instrument, deadly weapon, explosive, dangerous drug, narcotic drug, or marijuana.”
State v. Sanchez, 701 P.2d 571 (Ariz. 1985).
· cites it 2× “According to the definitions section 2 (A.R.S. § 13-2501(3)) “custody” means: the imposition of actual or constructive restraint pursuant to an on site arrest or court order .”
State v. LaBar, 715 P.2d 775 (Ariz. Ct. App. 1985).
· cites it 4× “In October 1984, while on trustee status, appellant left the county jail after an argument with detention personnel and was later arrested and charged with second degree escape, a violation of A.R.S. §§ 13-2501 and 13-2503. In December 1984, the trial court revoked the…”
— Ariz. Rev. Stat. § 13-2501(1) — 10 cases
State v. Romero, 162 P.3d 1272 (Ariz. Ct. App. 2007).
“¶ 5 Romero argues the trial court erred because “the phrase ‘promoting prison contraband’ is merely the title of the statute and descriptor of the crime [and] ‘headings to sections .”
State v. Francis, 388 P.3d 843 (Ariz. Ct. App. 2017).
“A.R.S. § 13-2501(1) (2016). At trial, there was no dispute that Francis knew he possessed the cell phone; the issue on appeal is whether § 13-2505(A)(3) required proof he knew the cell phone was "contraband," within the meaning of § 13-2501(1).”
State v. Hines, 307 P.3d 1034 (Ariz. Ct. App. 2013).
“A.R.S. § 13-2501(1). Promoting prison contraband is a class 2 felony if the contraband is a dangerous instrument, deadly weapon, explosive, dangerous drug, narcotic drug, or marijuana.”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
““Contraband” is defined as “any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or other article whose use or possession would endanger the safety, security or preservation of order in a correctional…”
— Ariz. Rev. Stat. § 13-2501(2) — 4 cases
State v. Cid, 892 P.2d 216 (Ariz. Ct. App. 1995).
“Arizona statutory section 13-2501(2) defines “correctional facility,” in relevant part, as “any place used for the confinement or control of a person____” (Emphasis added).”
State v. Roman, 30 P.3d 661 (Ariz. Ct. App. 2001).
““Contraband” is defined as “any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or other article whose use or possession would endanger the safety, security or preservation of order in a correctional…”
Cienfuegos v. Superior Court, 837 P.2d 1196 (Ariz. Ct. App. 1992).
“Arizona Revised Statutes section 13-2501 provides in pertinent part: In this chapter, unless the context otherwise requires: 2.”
— Ariz. Rev. Stat. § 13-2501(2)(c) — 2 cases
Cienfuegos v. Superior Court, 837 P.2d 1196 (Ariz. Ct. App. 1992).
“Arizona Revised Statutes section 13-2501 provides in pertinent part: In this chapter, unless the context otherwise requires: 2.”
— Ariz. Rev. Stat. § 13-2501(3) — 11 cases
State v. Stroud, 103 P.3d 912 (Ariz. 2005).
“” A.R.S. § 13-2501(3) (2001). “Restraint” is not defined by statute, but the common understanding of the word connotes controlling, limiting, or restricting the movement of another.”
State v. Newman, 688 P.2d 180 (Ariz. 1984).
“” A.R.S. §§ 13-2501(3), 31-341(2). Appellants urge that this definition should apply to A.”
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992).
““Custody” is defined as “the imposition of actual or constructive restraint pursuant to an on site arrest____” A.R.S. § 13-2501(3) (emphasis added). “[A]n arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making…”
State v. Sanchez, 701 P.2d 571 (Ariz. 1985).
“According to the definitions section 2 (A.R.S. § 13-2501(3)) “custody” means: the imposition of actual or constructive restraint pursuant to an on site arrest or court order .”
— Ariz. Rev. Stat. § 13-2501(4) — 8 cases
In re Brittany Y., 147 P.3d 1047 (Ariz. Ct. App. 2006).
“An escape occurs when there is a “departure from custody ... with knowledge that such departure is unpermitted.”
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