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

Ariz. Rev. Stat. § 13-304 (2026)

Nondefenses to criminal liability based upon conduct of another

✓ current as of May 2026
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In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another under section 13-303 or pursuant to section 13-1003, it is no defense that:

1. The other person has not been prosecuted for or convicted of such offense, or has been acquitted of such offense, or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction for such offense; or

2. The accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1968–2023 · leading case: Com. v. James, J, 297 A.3d 755 (Pa. Super. Ct. 2023).
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Com. v. James, J, 297 A.3d 755 (Pa. Super. Ct. 2023). · cites it 2× “§ 2C:5-3(a)(2) (stating that it is immaterial whether “[t]he person with whom [the defendant] conspires is irresponsible or has an immunity to prosecution or conviction”); Ariz. Rev. Stat. § 13-304 (1) (same); Colo.”
State v. Edwards, 446 P.2d 1 (Ariz. 1968). · cites it 7× “Defendant argues that A.R.S. § 13-304 (1956), which provides that “A person having upon him, or in his possession, a picklock, crow, key, bit or other different instrument or tool, with intent feloniously to break or enter into a building, or who knowingly makes or alters, or…”
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “607, § 425; Ariz.Rev.Stat. Ann. § 13-304(1) (1978); Ark.”
Christopher Spreitz v. Charles Ryan, 916 F.3d 1262 (9th Cir. 2019). “On June 2, 1989, a grand jury indicted Spreitz for first- degree murder, Ariz. Rev. Stat. Ann. §§ 13-1105 , 13-703; sexual assault, Ariz.”
United States v. Marquez-Lobos, 697 F.3d 759 (9th Cir. 2012). “The PSR cited Marquez-Lobos’s prior conviction under ARS § 13-304, which, at the time of Marquez-Lobos’s conviction, read as follows: A.”
State v. Cordero, 851 P.2d 855 (Ariz. Ct. App. 1992). · cites it 2× “Indeed, we note that A.R.S. § 13-304(2) specifically provides that it is not a defense to accomplice liability that “[t]he accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.”
Christopher Spreitz v. Charles Ryan (9th Cir. 2019). “On June 2, 1989, a grand jury indicted Spreitz for first- degree murder, Ariz. Rev. Stat. Ann. §§ 13-1105 , 13-703; sexual assault, Ariz.”
United States v. Florentino Marquez-Lobos, 683 F.3d 1061 (9th Cir. 2012). “The PSR cited Marquez-Lobos’s prior conviction under ARS § 13-304, which, at the time of Marquez-Lobos’s conviction, read as follows: A.”
United States v. Florentino Marquez-Lobos (9th Cir. 2012). “The PSR cited Marquez-Lobos’s prior conviction under ARS § 13-304, which, at the time of Marquez-Lobos’s con- viction, read as follows: A.”
— Ariz. Rev. Stat. § 13-304(1) — 1 case
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “607, § 425; Ariz.Rev.Stat. Ann. § 13-304(1) (1978); Ark.”
— Ariz. Rev. Stat. § 13-304(2) — 1 case
State v. Cordero, 851 P.2d 855 (Ariz. Ct. App. 1992). “Indeed, we note that A.R.S. § 13-304(2) specifically provides that it is not a defense to accomplice liability that “[t]he accused belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.”
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