A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.
2. If done recklessly, the offense is a class 3 felony.
3. If done with criminal negligence, the offense is a class 4 felony.
B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 4 felony.
2. If done recklessly, the offense is a class 5 felony.
3. If done with criminal negligence, the offense is a class 6 felony.
C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
E. This section does not apply to:
1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
F. For the purposes of this section:
1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
(a) Intentional infliction of physical harm.
(b) Injury caused by criminally negligent acts or omissions.
(c) Unlawful imprisonment, as described in section 13-1303.
(d) Sexual abuse or sexual assault.
2. "Child" means an individual who is under eighteen years of age.
3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.
Notes of Decisions
State of Arizona v. Christopher Mathew Payne, 314 P.3d 1239 (Ariz. 2013).
· cites it 27× “¶73 Finally, Payne claims that because the circumstances clause is an element of the crime that enhances punishment and appears in the text defining the offense, the legislature must have intended for it to have a mens rea requirement.”
State of Arizona v. Penny Ann West, 362 P.3d 1049 (Ariz. Ct. App. 2015).
· cites it 31× “And because the *488 state presented no such evidence, we concluded that “there was insufficient evidence to support Randall’s conviction under the third means of violating § 13-3623.” Id. Accordingly, we affirmed the trial court’s order granting Randall’s Rule 20 motion but…”
State v. Mott, 931 P.2d 1046 (Ariz. 1997).
· cites it 16× “See A.R.S. § 13-3623(B) and (C). We focus on the class 2 felony conviction because it was the predicate for the first-degree felony murder conviction, for which Defendant was sentenced to a mandatory minimum of thirty-five years' *549 imprisonment, without possibility of parole,…”
State v. Jones, 937 P.2d 310 (Ariz. 1997).
· cites it 20× “See A.R.S. § 13-3623(B). On these grounds, defendant urged a Rule 20 motion for judgment of acquittal on Count Four, which the trial court denied.”
State v. DePiano, 926 P.2d 494 (Ariz. 1996).
· cites it 18× “A.R.S. § 13-3623(B) imposes substantial penalties on those who "having the care or custody" of a child, "intentionally or knowingly" place the child "in a situation where its person or health is endangered.”
State v. Herrera, 51 P.3d 353 (Ariz. Ct. App. 2002).
· cites it 11× “Rather, § 13-3623 clearly extends the criminal offense of child abuse to those situations in which a child is endangered but not actually injured.”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019).
· cites it 6× “§§ 8-533 and 8-841 to 8-847, and a prosecutorial agency may criminally prosecute the parent in superior court, see A.R.S. 13-3623. The proceedings serve different interests, and the legislature intended they proceed separately.”
State v. Poehnelt, 722 P.2d 304 (Ariz. Ct. App. 1985).
· cites it 15× “The statute, § 13-3623, was enacted in 1979. Appellant was not convicted for any act occurring before the effective date of the statute.”
Jones v. Ryan, 327 F. Supp. 3d 1157 (D. Ariz. 2018).
· cites it 16× “§ 13-1406 ), Count Two (intentionally or knowingly causing physical injury to Rachel by striking her abdominal area causing a rupture to her small intestine, under circumstances likely to produce death or serious physical injury, in violation of A.R.S. § 13-3623 (B)(1) ), *1212…”
State of Arizona v. Allyn Akeem Smith, 475 P.3d 558 (Ariz. 2020).
· cites it 6× “SMITH Opinion of the Court Child abuse committed pursuant to § 13-3623(A)(1) is a DCAC, and therefore qualifies as a serious offense aggravator, if it is “intentionally or knowingly” committed “against a minor who is under fifteen years of age.”
State v. Mahaney, 975 P.2d 156 (Ariz. Ct. App. 1999).
· cites it 10× “DISCUSSION ¶ 10 Defendant raises one issue on appeal: Was there sufficient evidence to support the verdict? ¶ 11 Section 13-3623(0(3) prohibits the criminally negligent endangerment of a child’s health: Under circumstances other than those likely to produce death or serious…”
— Ariz. Rev. Stat. § 13-3623(0) — 2 cases
State v. Mahaney, 975 P.2d 156 (Ariz. Ct. App. 1999).
“DISCUSSION ¶ 10 Defendant raises one issue on appeal: Was there sufficient evidence to support the verdict? ¶ 11 Section 13-3623(0(3) prohibits the criminally negligent endangerment of a child’s health: Under circumstances other than those likely to produce death or serious…”
— Ariz. Rev. Stat. § 13-3623(2001) — 1 case
— Ariz. Rev. Stat. § 13-3623(A) — 27 cases
State of Arizona v. Christopher Mathew Payne, 314 P.3d 1239 (Ariz. 2013).
“¶73 Finally, Payne claims that because the circumstances clause is an element of the crime that enhances punishment and appears in the text defining the offense, the legislature must have intended for it to have a mens rea requirement.”
State of Arizona v. Penny Ann West, 362 P.3d 1049 (Ariz. Ct. App. 2015).
“And because the *488 state presented no such evidence, we concluded that “there was insufficient evidence to support Randall’s conviction under the third means of violating § 13-3623.” Id. Accordingly, we affirmed the trial court’s order granting Randall’s Rule 20 motion but…”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019).
“§§ 8-533 and 8-841 to 8-847, and a prosecutorial agency may criminally prosecute the parent in superior court, see A.R.S. 13-3623. The proceedings serve different interests, and the legislature intended they proceed separately.”
— Ariz. Rev. Stat. § 13-3623(A)(1) — 25 cases
State of Arizona v. Christopher Mathew Payne, 314 P.3d 1239 (Ariz. 2013).
“¶73 Finally, Payne claims that because the circumstances clause is an element of the crime that enhances punishment and appears in the text defining the offense, the legislature must have intended for it to have a mens rea requirement.”
State of Arizona v. Allyn Akeem Smith, 475 P.3d 558 (Ariz. 2020).
“SMITH Opinion of the Court Child abuse committed pursuant to § 13-3623(A)(1) is a DCAC, and therefore qualifies as a serious offense aggravator, if it is “intentionally or knowingly” committed “against a minor who is under fifteen years of age.”
Crosby-Garbotz v. Hon. fell/state, 434 P.3d 143 (Ariz. 2019).
“§§ 8-533 and 8-841 to 8-847, and a prosecutorial agency may criminally prosecute the parent in superior court, see A.R.S. 13-3623. The proceedings serve different interests, and the legislature intended they proceed separately.”
State of Arizona v. Penny Ann West, 362 P.3d 1049 (Ariz. Ct. App. 2015).
“And because the *488 state presented no such evidence, we concluded that “there was insufficient evidence to support Randall’s conviction under the third means of violating § 13-3623.” Id. Accordingly, we affirmed the trial court’s order granting Randall’s Rule 20 motion but…”
— Ariz. Rev. Stat. § 13-3623(A)(2) — 9 cases
— Ariz. Rev. Stat. § 13-3623(A)(3) — 5 cases
— Ariz. Rev. Stat. § 13-3623(B) — 28 cases
State v. Poehnelt, 722 P.2d 304 (Ariz. Ct. App. 1985).
“The statute, § 13-3623, was enacted in 1979. Appellant was not convicted for any act occurring before the effective date of the statute.”
State v. Mott, 931 P.2d 1046 (Ariz. 1997).
“See A.R.S. § 13-3623(B) and (C). We focus on the class 2 felony conviction because it was the predicate for the first-degree felony murder conviction, for which Defendant was sentenced to a mandatory minimum of thirty-five years' *549 imprisonment, without possibility of parole,…”
State v. Jones, 937 P.2d 310 (Ariz. 1997).
“See A.R.S. § 13-3623(B). On these grounds, defendant urged a Rule 20 motion for judgment of acquittal on Count Four, which the trial court denied.”
State v. DePiano, 926 P.2d 494 (Ariz. 1996).
“A.R.S. § 13-3623(B) imposes substantial penalties on those who "having the care or custody" of a child, "intentionally or knowingly" place the child "in a situation where its person or health is endangered.”
State v. Herrera, 51 P.3d 353 (Ariz. Ct. App. 2002).
“Rather, § 13-3623 clearly extends the criminal offense of child abuse to those situations in which a child is endangered but not actually injured.”
— Ariz. Rev. Stat. § 13-3623(B)(1) — 23 cases
State v. Mott, 931 P.2d 1046 (Ariz. 1997).
“See A.R.S. § 13-3623(B) and (C). We focus on the class 2 felony conviction because it was the predicate for the first-degree felony murder conviction, for which Defendant was sentenced to a mandatory minimum of thirty-five years' *549 imprisonment, without possibility of parole,…”
State v. DePiano, 926 P.2d 494 (Ariz. 1996).
“A.R.S. § 13-3623(B) imposes substantial penalties on those who "having the care or custody" of a child, "intentionally or knowingly" place the child "in a situation where its person or health is endangered.”
Jones v. Ryan, 327 F. Supp. 3d 1157 (D. Ariz. 2018).
“§ 13-1406 ), Count Two (intentionally or knowingly causing physical injury to Rachel by striking her abdominal area causing a rupture to her small intestine, under circumstances likely to produce death or serious physical injury, in violation of A.R.S. § 13-3623 (B)(1) ), *1212…”
— Ariz. Rev. Stat. § 13-3623(B)(2) — 4 cases
State v. Mott, 931 P.2d 1046 (Ariz. 1997).
“See A.R.S. § 13-3623(B) and (C). We focus on the class 2 felony conviction because it was the predicate for the first-degree felony murder conviction, for which Defendant was sentenced to a mandatory minimum of thirty-five years' *549 imprisonment, without possibility of parole,…”
— Ariz. Rev. Stat. § 13-3623(B)(3) — 4 cases
— Ariz. Rev. Stat. § 13-3623(C) — 11 cases
State v. Jones, 937 P.2d 310 (Ariz. 1997).
“See A.R.S. § 13-3623(B). On these grounds, defendant urged a Rule 20 motion for judgment of acquittal on Count Four, which the trial court denied.”
State v. Mahaney, 975 P.2d 156 (Ariz. Ct. App. 1999).
“DISCUSSION ¶ 10 Defendant raises one issue on appeal: Was there sufficient evidence to support the verdict? ¶ 11 Section 13-3623(0(3) prohibits the criminally negligent endangerment of a child’s health: Under circumstances other than those likely to produce death or serious…”
— Ariz. Rev. Stat. § 13-3623(C)(1) — 5 cases
Jones v. Ryan, 327 F. Supp. 3d 1157 (D. Ariz. 2018).
“§ 13-1406 ), Count Two (intentionally or knowingly causing physical injury to Rachel by striking her abdominal area causing a rupture to her small intestine, under circumstances likely to produce death or serious physical injury, in violation of A.R.S. § 13-3623 (B)(1) ), *1212…”
— Ariz. Rev. Stat. § 13-3623(C)(2) — 3 cases
— Ariz. Rev. Stat. § 13-3623(C)(3) — 2 cases
State v. Mahaney, 975 P.2d 156 (Ariz. Ct. App. 1999).
“DISCUSSION ¶ 10 Defendant raises one issue on appeal: Was there sufficient evidence to support the verdict? ¶ 11 Section 13-3623(0(3) prohibits the criminally negligent endangerment of a child’s health: Under circumstances other than those likely to produce death or serious…”
— Ariz. Rev. Stat. § 13-3623(F) — 3 cases
State v. Herrera, 51 P.3d 353 (Ariz. Ct. App. 2002).
“Rather, § 13-3623 clearly extends the criminal offense of child abuse to those situations in which a child is endangered but not actually injured.”
— Ariz. Rev. Stat. § 13-3623(F)(1) — 4 cases
State v. Herrera, 51 P.3d 353 (Ariz. Ct. App. 2002).
“Rather, § 13-3623 clearly extends the criminal offense of child abuse to those situations in which a child is endangered but not actually injured.”
— Ariz. Rev. Stat. § 13-3623(F)(2) — 1 case
— Ariz. Rev. Stat. § 13-3623(F)(4) — 4 cases
— Ariz. Rev. Stat. § 13-3623(F)(5) — 3 cases
— Ariz. Rev. Stat. § 13-3623(F)(6) — 1 case
— Ariz. Rev. Stat. § 13-3623(F)(B)(C) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.