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

Ariz. Rev. Stat. § 13-823 (2026)

Dangerous and repeat enterprise offenders; fines

✓ current as of May 2026
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13-823. Dangerous and repeat enterprise offenders; fines

A. Whether or not an enterprise maintains an effective program to prevent and detect violations of law pursuant to section 13-822, the court may subject an enterprise to five times the maximum fine authorized by section 13-803 if based on any evidence that was introduced before sentencing or that was heard at trial the court finds by a preponderance of the evidence that any of the following applies to the commission of the offense:

1. The offense violated a judicial or administrative order or injunction, other than a violation of a condition of probation or that the enterprise or a separately managed line of business violated a condition of probation by engaging in misconduct similar to that for which it was placed on probation.

2. The offense involved conduct that was malicious or wanton.

3. The offense involved conduct that posed an imminent and substantial hazard to human health or to the environment or resulted in serious actual harm to human health or to the environment and the enterprise continued the conduct after receiving notice.

B. For the purposes of this section, an enterprise is deemed to have received notice if an officer, director or high managerial agent has actual knowledge that the enterprise is engaging in the conduct that constitutes a violation of law and the officer, director or high managerial agent knows or is recklessly indifferent to the fact that the conduct is or may be harmful.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1959–2023 · leading case: State v. Hunt, 447 P.2d 896 (Ariz. Ct. App. 1968).
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State v. Hunt, 447 P.2d 896 (Ariz. Ct. App. 1968). · cites it 4× “This article shall be liberally construed in favor of the state for the protection of the child from neglect or omission of parental duty toward the child, and also to protect children of the state from the effects of the improper conduct, acts or bad example of any person which…”
State v. Romero, 336 P.2d 366 (Ariz. 1959). · cites it 4× “" A.R.S. § 13-823 states that a person is guilty of violating the article "if it appears from the evidence that * * * by any improper act or conduct on the part of such person the * * * delinquency of a child may have been caused or merely encouraged.”
State v. Cutshaw, 437 P.2d 962 (Ariz. Ct. App. 1968). · cites it 2× “There is no reference in the subject statute to a “delinquent person,” but in A.R.S. § 13-823 it is provided that in order for a person to be guilty of violating A.”
Az Petition Partners LLC v. Hon. thompson/state, 530 P.3d 1144 (Ariz. 2023). · cites it 5× “§ 13-803 and A.R.S. § 13-823, 1 Petition Partners faces a potential fine of $5 million if convicted.”
Az Petition Partners v. Hon. thompson/state (Ariz. Ct. App. 2022). · cites it 4× “” The State’s allegation of aggravating circumstances also cited A.R.S. § 13-823, which authorizes a court to deviate from the presumptive fine and impose up “to five times the maximum fine” if the court finds evidence of violation of a judicial or administrative order, the…”
— Ariz. Rev. Stat. § 13-823(A) — 1 case
Az Petition Partners LLC v. Hon. thompson/state, 530 P.3d 1144 (Ariz. 2023). “§ 13-803 and A.R.S. § 13-823, 1 Petition Partners faces a potential fine of $5 million if convicted.”
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