A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.
B. For the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421, a person who is unlawfully or forcefully entering or who has unlawfully or forcefully entered and is present in a residential structure or occupied vehicle is presumed to pose an imminent threat of unlawful deadly harm to any person who is in the residential structure or occupied vehicle.
C. The presumptions in subsections A and B of this section do not apply if:
1. The person against whom physical force or deadly physical force was threatened or used has the right to be in or is a lawful resident of the residential structure or occupied vehicle, including an owner, lessee, invitee or titleholder, and an order of protection or injunction against harassment has not been filed against that person.
2. The person against whom physical force or deadly physical force was threatened or used is the parent or grandparent, or has legal custody or guardianship, of a child or grandchild sought to be removed from the residential structure or occupied vehicle.
3. The person who threatens or uses physical force or deadly physical force is engaged in an unlawful activity or is using the residential structure or occupied vehicle to further an unlawful activity.
4. The person against whom physical force or deadly physical force was threatened or used is a law enforcement officer who enters or attempts to enter a residential structure or occupied vehicle in the performance of official duties.
D. For the purposes of this section:
1. "Residential structure" has the same meaning prescribed in section 13-1501.
2. "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport persons or property.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2011–2026 · leading case:
State v. Abdi, 248 P.3d 209 (Ariz. Ct. App. 2011).
State v. Abdi, 248 P.3d 209 (Ariz. Ct. App. 2011).
· cites it 8× “Because we conclude the court erred in instructing the jury, pursuant to A.R.S. § 13-419, to presume the victim had acted reasonably in defense of his residence, we reverse.”
State of Arizona v. John Logan Brown (Ariz. 2025).
· cites it 22× “§ 13-407; and the presumption that applies to these defenses, A.R.S. § 13-419. ¶2 In this case, we determine whether a bedroom within a condominium constitutes a “residential structure.”
State v. Castleberry (Ariz. Ct. App. 2026).
· cites it 17× “¶9 Castleberry asked the superior court to instruct the jury that her use of force was presumed reasonable, and Joe was presumed to pose an imminent threat under A.R.S. § 13-419 because he had forced his way into her residence.”
State of Arizona v. Abdulkadir Abdi (Ariz. Ct. App. 2011).
· cites it 8× “Because we conclude the court erred in instructing the jury, pursuant to A.R.S. § 13-419, to presume the victim had acted reasonably in defense of his residence, we reverse.”
State v. Nichols (Ariz. Ct. App. 2017).
· cites it 4× “§ 13-411(A), (C) (establishing that a person is justified in using deadly physical force if the person reasonably believes it to be immediately necessary to prevent commission of second-degree burglary); A.R.S. § 13-419(A) (affording a presumption of reasonableness if the person…”
Moore v. Arizona, State of (D. Ariz. 2025).
· cites it 2× “The parties 2 primarily dispute whether Defendant Vargas had a “propensity” for unlawful sexual 3 conduct with an inmate, in violation of A.R.S. § 13-419(A), (C), and whether the State had 4 knowledge of such a propensity.”
— Ariz. Rev. Stat. § 13-419(A) — 4 cases
State of Arizona v. John Logan Brown (Ariz. 2025).
“§ 13-407; and the presumption that applies to these defenses, A.R.S. § 13-419. ¶2 In this case, we determine whether a bedroom within a condominium constitutes a “residential structure.”
State v. Nichols (Ariz. Ct. App. 2017).
“§ 13-411(A), (C) (establishing that a person is justified in using deadly physical force if the person reasonably believes it to be immediately necessary to prevent commission of second-degree burglary); A.R.S. § 13-419(A) (affording a presumption of reasonableness if the person…”
Moore v. Arizona, State of (D. Ariz. 2025).
“The parties 2 primarily dispute whether Defendant Vargas had a “propensity” for unlawful sexual 3 conduct with an inmate, in violation of A.R.S. § 13-419(A), (C), and whether the State had 4 knowledge of such a propensity.”
State v. Castleberry (Ariz. Ct. App. 2026).
“¶9 Castleberry asked the superior court to instruct the jury that her use of force was presumed reasonable, and Joe was presumed to pose an imminent threat under A.R.S. § 13-419 because he had forced his way into her residence.”
— Ariz. Rev. Stat. § 13-419(B) — 2 cases
State of Arizona v. John Logan Brown (Ariz. 2025).
“§ 13-407; and the presumption that applies to these defenses, A.R.S. § 13-419. ¶2 In this case, we determine whether a bedroom within a condominium constitutes a “residential structure.”
State v. Castleberry (Ariz. Ct. App. 2026).
“¶9 Castleberry asked the superior court to instruct the jury that her use of force was presumed reasonable, and Joe was presumed to pose an imminent threat under A.R.S. § 13-419 because he had forced his way into her residence.”
— Ariz. Rev. Stat. § 13-419(C)(1) — 2 cases
State v. Castleberry (Ariz. Ct. App. 2026).
“¶9 Castleberry asked the superior court to instruct the jury that her use of force was presumed reasonable, and Joe was presumed to pose an imminent threat under A.R.S. § 13-419 because he had forced his way into her residence.”
State of Arizona v. John Logan Brown (Ariz. 2025).
“§ 13-407; and the presumption that applies to these defenses, A.R.S. § 13-419. ¶2 In this case, we determine whether a bedroom within a condominium constitutes a “residential structure.”
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.