Arizona Revised Statutes
Ariz. Rev. Stat. § 25-128 (2026)
Unlawful acts of person authorized to solemnize marriages; classification
✓ current as of May 2026
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A. It is unlawful for any person who is authorized to solemnize marriages to:
1. Knowingly participate in or by his presence sanction the marriage of a person under the age of eighteen years who obtained a marriage license without consent in writing of the parent or guardian lawfully entitled to give consent.
2. Solemnize a marriage without first being presented with a marriage license as required by the laws of this state.
3. Fail to file the marriage license with the act of solemnization endorsed on the marriage license within thirty days of the ceremony.
4. Knowingly make a false return of a marriage or pretended marriage to the clerk of the superior court.
B. A violation of this section is a class 2 misdemeanor.
Notes of Decisions
Cited in 3
cases, 1993–2008 · leading case: State v. Guadagni, 178 P.3d 473 (Ariz. Ct. App. 2008).
State v. Guadagni, 178 P.3d 473 (Ariz. Ct. App. 2008). “See A.R.S. § 25-128(A)(3), (B) (official who has failed to record license commits class two misdemeanor).”
Marriage of Barbosa-Johnson v. Johnson, 851 P.2d 866 (Ariz. Ct. App. 1993). “All of these statutory requirements were satisfied here except for the admitted failure of the pastor to file the marriage license with the clerk of the superior court, a class two misdemeanor under A.R.S. § 25-128(A)(3). That failure alone, however, does not invalidate the…”
State of Arizona v. Donald Allen Guadagni (Ariz. Ct. App. 2008). “See A.R.S. § 25-128(A)(3), (B) (official who has failed to record license commits class two misdemeanor).”
— Ariz. Rev. Stat. § 25-128(A)(3) — 3 cases
State v. Guadagni, 178 P.3d 473 (Ariz. Ct. App. 2008). “See A.R.S. § 25-128(A)(3), (B) (official who has failed to record license commits class two misdemeanor).”
Marriage of Barbosa-Johnson v. Johnson, 851 P.2d 866 (Ariz. Ct. App. 1993). “All of these statutory requirements were satisfied here except for the admitted failure of the pastor to file the marriage license with the clerk of the superior court, a class two misdemeanor under A.R.S. § 25-128(A)(3). That failure alone, however, does not invalidate the…”
State of Arizona v. Donald Allen Guadagni (Ariz. Ct. App. 2008). “See A.R.S. § 25-128(A)(3), (B) (official who has failed to record license commits class two misdemeanor).”
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