The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.
2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.
3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.
4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.
5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:
(a) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or
(b) The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
6. A person may otherwise use physical force upon another person as further provided in this chapter.
Notes of Decisions
Louis C. v. Dep't of Child Saf., 353 P.3d 364 (Ariz. Ct. App. 2015).
· cites it 8× “§ 13-205 and A.R.S. § 13-403 et. seq. may legally be used by [Louis], the facts do not support their application given the circumstances, including the inappropriate and unreasonable use of force which was used by [Louis] in disciplining [J.”
State v. Casey, 71 P.3d 351 (Ariz. 2003).
· cites it 6× “PRESENT ARIZONA AFFIRMATIVE DEFENSE STATUTES ¶ 25 Casey further relies on the following language of another statute, A.R.S. § 13-403, to support his position that lack of self-defense should be treated as an element of the crime: “The use of physical force upon another person…”
State v. Lawrence, 663 P.2d 561 (Ariz. 1983).
· cites it 10× “I believe the intent of the legislature is well demonstrated in A.R.S. § 13-403, which adopts a standard of reasonableness in defining the statutory defense of justification for a parent's use of force on a child: § 13-403 Justification; use of physical force The use of physical…”
Willis v. State, 888 N.E.2d 177 (Ind. 2008).
· cites it 2× “430 (1)(a) (2006); Ariz.Rev.Stat. Ann. § 13-403(1) (2001); Ark.”
State v. Bojorquez, 675 P.2d 1314 (Ariz. 1984).
· cites it 4× “See A.R.S. § 13-403(2). The jury was also told that if that amount of force had been exceeded, appellant would have been justified in using physical force to defend himself.”
State v. Rivera, 733 P.2d 1090 (Ariz. 1987).
· cites it 2× “See A.R.S. §§ 13-403, -411. The trial court found that because the photograph graphically depicted the amount of force employed, it would assist the jury in determining whether the amount of force defendant used was necessary to prevent the attack.”
Atencio v. Arpaio, 161 F. Supp. 3d 789 (D. Ariz. 2015).
· cites it 15× “§ 13-413 and A.R.S. § 13-403(2). The Court disagrees. *804 Section § 13-^13 merely provides that no persons shall be “subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions” of Chapter 14 of'the Arizona Revised Statutes.”
State v. Viramontes, 788 P.2d 67 (Ariz. 1990).
· cites it 2× “, A.R.S. § 13-403(1). However, parents do not have legal authority to subject their children to felonious acts.”
State v. Uriarte, 981 P.2d 575 (Ariz. Ct. App. 1998).
· cites it 2× “See A.R.S. § 13-403. It describes in far more detail than the constitutional provision information to which a victim is entitled, who must provide the information, and when it must be provided.”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015).
“Code § 13A-3-24 (permitting “reasonable and appropriate physical force”); Ariz. Rev. Stat. § 13-403 (1) (same); Ark.”
State v. Williams, 819 P.2d 962 (Ariz. Ct. App. 1991).
· cites it 2× “Pursuant to the mandate of A.R.S. § 13-403, we have searched the record for fundamental error and finding none, the convictions and sentences imposed are affirmed.”
State v. Davis, 714 P.2d 884 (Ariz. Ct. App. 1986).
· cites it 12× “The justification defense raised by appellant was based upon A.R.S. § 13-403(1). It provides: The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: 1.”
— Ariz. Rev. Stat. § 13-403(1) — 11 cases
State v. Casey, 71 P.3d 351 (Ariz. 2003).
“PRESENT ARIZONA AFFIRMATIVE DEFENSE STATUTES ¶ 25 Casey further relies on the following language of another statute, A.R.S. § 13-403, to support his position that lack of self-defense should be treated as an element of the crime: “The use of physical force upon another person…”
Willis v. State, 888 N.E.2d 177 (Ind. 2008).
“430 (1)(a) (2006); Ariz.Rev.Stat. Ann. § 13-403(1) (2001); Ark.”
Louis C. v. Dep't of Child Saf., 353 P.3d 364 (Ariz. Ct. App. 2015).
“§ 13-205 and A.R.S. § 13-403 et. seq. may legally be used by [Louis], the facts do not support their application given the circumstances, including the inappropriate and unreasonable use of force which was used by [Louis] in disciplining [J.”
State v. Viramontes, 788 P.2d 67 (Ariz. 1990).
“, A.R.S. § 13-403(1). However, parents do not have legal authority to subject their children to felonious acts.”
State v. Davis, 714 P.2d 884 (Ariz. Ct. App. 1986).
“The justification defense raised by appellant was based upon A.R.S. § 13-403(1). It provides: The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: 1.”
— Ariz. Rev. Stat. § 13-403(2) — 3 cases
State v. Bojorquez, 675 P.2d 1314 (Ariz. 1984).
“See A.R.S. § 13-403(2). The jury was also told that if that amount of force had been exceeded, appellant would have been justified in using physical force to defend himself.”
Atencio v. Arpaio, 161 F. Supp. 3d 789 (D. Ariz. 2015).
“§ 13-413 and A.R.S. § 13-403(2). The Court disagrees. *804 Section § 13-^13 merely provides that no persons shall be “subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions” of Chapter 14 of'the Arizona Revised Statutes.”
— Ariz. Rev. Stat. § 13-403(3) — 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.