Arizona Revised Statutes
Ariz. Rev. Stat. § 13-2908 (2026)
Criminal nuisance; classification
✓ current as of May 2026
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A. A person commits criminal nuisance:
1. If, by conduct either unlawful in itself or unreasonable under the circumstances, such person recklessly creates or maintains a condition which endangers the safety or health of others.
2. By knowingly conducting or maintaining any premises, place or resort where persons gather for purposes of engaging in unlawful conduct.
B. Criminal nuisance is a class 3 misdemeanor.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2002–2024 · leading case: Empress Adult Video & Bookstore v. City of Tucson, 59 P.3d 814 (Ariz. Ct. App. 2002).
Empress Adult Video & Bookstore v. City of Tucson, 59 P.3d 814 (Ariz. Ct. App. 2002). “The legislative history shows that legislators considered testimony, letters, and surveys linking prostitution and other crimes to adult businesses, but that history is devoid of any evidence or consideration about less restrictive means of dealing with those crimes, such as…”
In Re Delinquency of S.M. (Ariz. Ct. App. 2024). “¶3 Steven submitted a Memorandum of Agreement in which he admitted to criminal nuisance violating A.R.S. § 13-2908. After an advisory and disposition hearing, the juvenile court placed Steven on standard probation for nine months starting August 17.”
Empress Adult Video v. City of Tucson (Ariz. Ct. App. 2002). “§§ 13-2908 and 13-2917; see Glaze. ¶20 And, although legislative testimony showed increased sexually oriented litter associated with adult businesses, litter contr ol cannot justify restrictions on freedom of expression.”
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