State v. Peek, 195 P.3d 641 (Ariz. 2008). · Go Syfert
State v. Peek, 195 P.3d 641 (Ariz. 2008). Cases Citing This Book View Copy Cite
“lifetime probation was clearly available for an attempted child molestation occurring . . . after the effective date of 1997 amendment.”
128 citation events (128 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Calderon (arizctapp, 2017-10-24)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Calderon
Ariz. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
lifetime probation was clearly available for an attempted child molestation occurring . . . after the effective date of 1997 amendment.
examined Cited as authority (rule) State v. Bryars (5×) also: Cited "see"
Ariz. Ct. App. · 2025 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 (2008).
cited Cited as authority (rule) State v. Rothrock
Ariz. Ct. App. · 2020 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 (2008). ¶14 Rothrock’s argument is without merit.
cited Cited as authority (rule) State v. Shoemaker
Ariz. Ct. App. · 2020 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 (2008) (citation omitted).
examined Cited as authority (rule) State v. Torres Moreno (4×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 (2008). ¶6 When interpreting a statute, our goal is to determine and give effect to the legislature’s intent.
cited Cited as authority (rule) State v. Scalph
Ariz. Ct. App. · 2018 · confidence medium
State v. Peek, 219 Ariz. 182, 184, ¶ 11 (2008).
cited Cited as authority (rule) State v. Mullet
Ariz. Ct. App. · 2018 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 (2008).
discussed Cited as authority (rule) State v. Farnsworth
Ariz. Ct. App. · 2017 · confidence medium
If the legislature wished to make the DCAC statute apply based on a defendant’s beliefs, or if the legislature intended the DCAC statute to apply to situations otherwise excluded by that law’s definitional provision, the legislature knew how to do so. 10 See State v. Peek, 219 Ariz. 182, ¶ 19 , 195 P.3d 641, 644 (2008). ¶ 43 The legislature’s intent, expressed by its enactment of the offense of “luring a minor for sexual exploitation,” is especially instructive. § 13-3554.
examined Cited as authority (rule) State v. Johnson (3×)
Ariz. Ct. App. · 2016 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008) (citation omitted).
discussed Cited as authority (rule) State v. Parker
Ariz. Ct. App. · 2016 · confidence medium
P. 32.4(a); see also State v. Shrum, 220 Ariz. 115, 118 , ¶¶ 12–13 (2009) (other than claims excepted under Rule 32.2(b), post- conviction claim is waived if not timely raised); State v. Peek, 219 Ariz. 182, 183, ¶ 4 (2008) (same).
discussed Cited as authority (rule) State v. Caratachea (2×)
Ariz. Ct. App. · 2015 · confidence medium
P. 32.2(c); State v. Peek, 219 Ariz. 182, 183, ¶ 4 , 195 P.3d 641, 642 (2008). ¶9 We grant review and deny relief. :ama 1 Caratachea did not provide copies of any documents from the disciplinary proceedings, but simply provided information from the State Bar webpage.
examined Cited as authority (rule) State of Arizona v. Jerry Charles Holle (3×) also: Cited "see"
Ariz. Ct. App. · 2015 · confidence medium
State v. Peek, 219 Ariz. 182, ¶ 11 , 195 P.3d 641, 643 (2008); State v. Gomez, 212 Ariz. 55, ¶ 11 , 127 P.3d 873, 875 (2006).
discussed Cited as authority (rule) State v. Greathouse (2×)
Ariz. Ct. App. · 2015 · confidence medium
State v. Peek, 219 Ariz. 182, 184, ¶ 10 , 195 P.3d 641, 643 (2008).
discussed Cited as authority (rule) DBT Yuma, L.L.C. v. Yuma County Airport Authority (2×)
Ariz. Ct. App. · 2014 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
discussed Cited as authority (rule) State of Arizona v. Anthony Lewis
Ariz. Ct. App. · 2014 · signal: cf. · confidence medium
Cf. State v. Peek, 219 Ariz. 182, ¶ 19 , 195 P.3d 641, 644 (2008) (‘When the legislature intends to include attempts, it knows how to do so.”). ¶35 We next apply grammatical rules to aid in our construction.
discussed Cited as authority (rule) Keenan Reed-Kaliher v. State of Arizona (2×)
Ariz. Ct. App. · 2014 · signal: cf. · confidence medium
Cf. State v. Wise, 164 Ariz. 574, 578 , 795 P.2d 217, 221 (App. 1990) (concluding fine mandated by § 13-3408(E) not applicable to those convicted of attempt); cf. also State v. Peek, 219 Ariz. 182, ¶ 15 , 195 P.3d 641, 643 (2008) (citing Wise with approval).
discussed Cited as authority (rule) State v. Doty (2×)
Ariz. Ct. App. · 2013 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
discussed Cited as authority (rule) Stein v. Ryan
9th Cir. · 2011 · confidence medium
However, he later filed a petition for post-conviction relief. *1117 On November 3, 2008, while Stein’s petition for post-conviction relief was pending, the Arizona Supreme Court issued State v. Peek, holding that the statutes in effect between 1994 and 1997 authorized lifetime probation for certain completed offenses against children, but did not authorize lifetime probation for attempted child molestation. 219 Ariz. 182 , 195 P.3d 641, 643 (2008).
examined Cited as authority (rule) State of Arizona v. Ricky Gray (3×) also: Cited "see"
Ariz. Ct. App. · 2011 · confidence medium
“When the legislature intends to include attempts, it knows how to do so.” State v. Peek, 219 Ariz. 182, ¶ 19 , 195 P.3d 641, 644 (2008) (1993 amendment to A.R.S. § 13-902(E) eliminated authority to impose lifetime probation for attempted child molestation).6 ¶16 We do not disagree with the state‟s contention that it “would be consistent with the legislature‟s goal of barring persons from improperly interfering with official proceedings” to prohibit unsuccessful attempts to persuade a witness to withhold her testimony.
examined Cited as authority (rule) State v. Gray (3×) also: Cited "see"
Ariz. Ct. App. · 2011 · confidence medium
“When the legislature intends to include attempts, it knows how to do so.” State v. Peek, 219 Ariz. 182, ¶ 19 , 195 P.3d 641, 644 (2008) (1993 amendment to AR.S. § 13-902(E) eliminated authority to impose lifetime probation for attempted child molestation). 6 ¶ 16 We do not disagree with the state’s contention that it “would be consistent with the legislature’s goal of barring persons from improperly interfering with official proceedings” to prohibit unsuccessful attempts to persuade a witness to withhold her testimony.
discussed Cited as authority (rule) State v. Glassel (2×)
Ariz. Ct. App. · 2011 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
cited Cited as authority (rule) State of Arizona v. Abdulkadir Abdi
Ariz. Ct. App. · 2011 · confidence medium
State v. Peek, 219 Ariz. 182, ¶ 11 , 195 P.3d 641, 643 (2008).
cited Cited as authority (rule) State v. Abdi
Ariz. Ct. App. · 2011 · confidence medium
State v. Peek, 219 Ariz. 182, ¶ 11 , 195 P.3d 641, 643 (2008).
examined Cited as authority (rule) State v. Dean (5×) also: Cited "see"
Ariz. Ct. App. · 2010 · confidence medium
Peek, 219 Ariz. at 184, ¶ 12 , 195 P.3d at 643 .
cited Cited as authority (rule) State of Arizona v. David Charles Henry
Ariz. Ct. App. · 2010 · confidence medium
Laws, ch. 201, § 242; State v. Lammie, 164 Ariz. 377, 378 , 793 P.2d 134, 135 (App. 1990), disagreed with on other grounds by State v. Peek, 219 Ariz. 182, ¶¶ 15-17 , 195 P.3d 641, 644 (2008).
cited Cited as authority (rule) State v. Henry
Ariz. Ct. App. · 2010 · confidence medium
Laws, ch. 201, § 242; State v. Lammie, 164 Ariz. 377, 378 , 793 P.2d 134, 135 (App.1990), disagreed with on other grounds by State v. Peek, 219 Ariz. 182, ¶¶ 15-17 , 195 P.3d 641, 644 (2008).
discussed Cited as authority (rule) Industrial Commission v. Old Republic Insurance (2×)
Ariz. Ct. App. · 2009 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
discussed Cited as authority (rule) Rogers v. Cota (2×)
Ariz. Ct. App. · 2009 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
discussed Cited as authority (rule) State v. Hardesty (2×)
Ariz. · 2009 · confidence medium
State v. Peek, 219 Ariz. 182, 183-84, ¶¶ 6, 11 , 195 P.3d 641, 642-43 (2008).
discussed Cited as authority (rule) State Ex Rel. Thomas v. Duncan (2×)
Ariz. Ct. App. · 2009 · confidence medium
State v. Peek, 219 Ariz. 182, 183, ¶ 6 , 195 P.3d 641, 642 (2008).
cited Cited "see" State v. Rocco
Ariz. Ct. App. · 2020 · signal: see · confidence high
See Dean, 226 Ariz. at 49 , ¶ 1 (citing State v. Peek, 219 Ariz. 182 (2008)).
cited Cited "see" State v. Lele
Ariz. Ct. App. · 2020 · signal: see · confidence high
See State v. Peek, 219 Ariz. 182 , 184– 85, ¶¶ 12–20 (2008).
cited Cited "see" State v. Burgess
Ariz. Ct. App. · 2018 · signal: see · confidence high
See State v. Peek, 219 Ariz. 182 , 184 ¶ 11 (2008) (statutory language is the best indication of the legislature’s intent).
discussed Cited "see" State v. Windsor (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See State v. Peek, 219 Ariz. 182, ¶¶ 16-17 , 195 P.3d 641, 643-44 (2008) (rejecting argument based on case law requiring interpretation contrary to statute’s plain language). ¶ 10 Windsor also cites Oregon and Washington statutes similar to § 13-3553(A) and out-of-state cases in which courts upheld the convictions of defendants who had reproduced pornographic images.
discussed Cited "see" State of Arizona v. Paul David Windsor, Jr. (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See State v. Peek, 219 Ariz. 182, ¶¶ 16-17 , 195 P.3d 641, 643-44 (2008) (rejecting argument based on case law requiring interpretation contrary to statute‟s plain language). ¶10 Windsor also cites Oregon and Washington statutes similar to § 13-3553(A) and out-of-state cases in which courts upheld the convictions of defendants who had reproduced pornographic images.
discussed Cited "see" State v. Shrum (2×)
Ariz. · 2009 · signal: see · confidence high
See State v. Peek, 219 Ariz. 182 , 183 ¶ 4, 195 P.3d 641, 642 (2008) (noting that State may waive preclusion).
discussed Cited "see, e.g." State v. Watson
Ariz. Ct. App. · 2020 · signal: see, e.g. · confidence low
See, e.g., State v. Peek, 219 Ariz. 182, 183 , ¶¶ 5–6, 20 (2008) (citing A.R.S. § 13-4037, which permits correction of an illegal sentence, in decision vacating illegal lifetime probation term); State v. Mathieu, 165 Ariz. 20 , 23–25 (App. 1990) (defendant entitled to presentence incarceration credit for a mandatory prison term condition of probation under statute granting credit to defendants “sentenced to imprisonment”); State v. Falco, 162 Ariz. 319, 321 (App. 1989) (Arizona Rule of Criminal Procedure 24.3, which permits a trial court to correct “unlawful sentence,” applies t…
discussed Cited "see, e.g." State v. Worley
Ariz. Ct. App. · 2017 · signal: see also · confidence low
If the supreme court “had intended that fundamental error be an exception to preclusion under Rule 32.2, the court presumably would have expressly said so in the rule itself[.]” State v. Swoopes, 216 Ariz. 390 , 403 ¶ 42 (App. 2007); see also State v. Peek, 219 Ariz. 182 , 183 ¶ 4 (2008) (claim of illegal sentence must be timely presented).
discussed Cited "see, e.g." State v. Johnson
Ariz. Ct. App. · 2017 · signal: see also · confidence low
P. 32.2(a)-(b); see also State v. Peek, 219 Ariz. 182 , 182-83 ¶¶ 4-5 (2008) (claim of illegal sentence must be timely presented). ¶7 In addition, the record reflects that the superior court was aware of and considered the issues related to Johnson’s mental health history when it sentenced him.
discussed Cited "see, e.g." State v. Skala (2×)
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
P. 32.2(a); see also State v. Peek, 219 Ariz. 182, 183, ¶ 4 , 195 P.3d 641, 642 (2008) (stating a claim of an illegal sentence must be timely presented). ¶7 For the foregoing reasons, we grant review and deny relief.
discussed Cited "see, e.g." State v. Luke (2×)
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
P. 32.2(a); see also State v. Peek, 219 Ariz. 182, 183, ¶ 4 , 195 P.3d 641, 642 (2008) (recognizing that a claim of an illegal sentence must be timely presented); State v. Cazares, 205 Ariz. 425, 426, ¶ 4 , 72 P.3d 355, 356 (App. 2003) (stating that claims of an illegal sentence are covered by Rule 32.1(c), not Rule 32.1(d), (e), (f), (g), or (h)).
discussed Cited "see, e.g." State v. Mammoth (2×)
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
Id.; see State v. Bortz, 169 Ariz. 575, 577 , 821 P.2d 236, 238 (App. 1991) (denying relief upon review of the trial court’s denial of post-conviction relief where petitioner failed to meet the “heavy burden in showing the court why the non-compliance [with the timelines set forth in Rule 32.9] should be excused”) (citing State v. Pope, 130 Ariz. 253, 256 , 635 P.2d 846, 849 (1981)); see also State v. Peek, 219 Ariz. 182, 183, ¶ 4 , 195 P.3d 641, 642 (2008) (claim of illegal sentence must be timely presented).
cited Cited "see, e.g." State v. Romero
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
See also State v. Peek, 219 Ariz. 182, 183, ¶ 4 (2008) (claim of illegal sentence must be timely presented). 3 STATE v. ROMERO Decision of the Court ¶8 We grant review but deny relief.
cited Cited "see, e.g." State v. Hazzard
Ariz. Ct. App. · 2017 · signal: see also · confidence low
P. 32.2(a); see also State v. Peek, 219 Ariz. 182 , 183 ¶ 4 (2008); State v. Cazares, 205 Ariz. 425, 426, ¶ 4 (App. 2003).
discussed Cited "see, e.g." State v. Hutchinson
Ariz. Ct. App. · 2017 · signal: see also · confidence medium
Id.; see State v. Bortz, 169 Ariz. 575, 577 (App. 1991) (denying relief upon review of the trial court’s denial of post-conviction relief where petitioner failed to meet the “heavy burden in showing the court why the non-compliance [with the timelines set forth in Rule 32.9] should be excused”) (citing State v. Pope, 130 Ariz. 253, 255 (1981)); see also State v. Peek, 219 Ariz. 182, 183, ¶ 4 (2008) (claim of illegal sentence must be timely presented). 3 STATE v. HUTCHINSON Decision of the Court ¶9 Hutchinson failed to provide any reasons, let alone meritorious reasons, for filing an un…
discussed Cited "see, e.g." Wright v. Hon. gates/state
Ariz. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., State v. Peek, 219 Ariz. 182, ¶¶ 7, 19 (2008) (finding that the reference in § 13-604.01 to preparatory crimes is “clear language subjecting attempt offenses” to its provisions, including designation and sentencing as DCAC). 1 Absent a material change relevant to our opinion, we cite to the most recent version of a statute. 4 WRIGHT v. HON.
examined Cited "see, e.g." Wright v. Hon. gates/state (3×)
Ariz. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., State v. Peek, 219 Ariz. 182, ¶¶ 7, 19 , 195 P.3d 641 (2008) (finding that the reference in § 13-604.01 to preparatory crimes is “clear language subjecting attempt offenses” to its provisions, including designation and sentencing as DCAC).
discussed Cited "see, e.g." State of Arizona v. Usef Latrice Simmons II (2×)
Ariz. Ct. App. · 2015 · signal: see also · confidence low
This necessarily requires us to determine the meaning of “facilitate” and “conspire” as used in the statute. ¶ 12 “We review issues of statutory interpretation de novo____” State v. Barnett, 209 Ariz. 352, ¶ 7 , 101 P.3d 646, 648 (App.2004). “ ‘Our goal in interpreting statutes is to ascertain and give effect to the intent of our legislature,’ and the plain language of the statute is the best and most reliable indicator of that intent.” State v. Lockwood, 222 Ariz. 551, ¶ 4 , 218 P.3d 1008, 1010 (App.2009), quoting State v. Garcia, 219 Ariz. 104, ¶ 6 , 193 P.3d 798, 800…
Retrieving the full opinion text from the archive…
STATE of Arizona, Respondent,
v.
Gary Douglas PEEK, Petitioner
CR-07-0412-PR.
Arizona Supreme Court.
Nov 3, 2008.
195 P.3d 641
Andrew P. Thomas, Maricopa County Attorney By Diane Gunnels Rowley, Deputy County Attorney James P. Beene, Deputy County Attorney, Phoenix, Attorneys for State of Arizona., Cheifetz, Iannitelli, Marcolini, P.C. By James J. Belanger and Lewis and Roca, L.L.P. By Scott M. Bennett, Phoenix, Attorneys for Gary Douglas Peek.
Berch, McGregor, Ryan, Hurwitz, Bales.
Cited by 58 opinions  |  Published

OPINION

BERCH, Vice Chief Justice.

¶ 1 Gary Douglas Peek seeks review of a term of lifetime probation imposed upon his conviction for an act of attempted child molestation that occurred between 1994 and 1996. We conclude that lifetime probation was not available when Peek committed the crime and therefore vacate the trial court’s order placing him on lifetime probation.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In 2003, pursuant to a plea agreement, Petitioner Peek pled guilty to two counts of attempted child molestation that occurred between 1994 and 1996. In accordance with the plea agreement, the court sentenced Peek to ten years’ incarceration for the first count and imposed lifetime probation on the second count.

¶3 In 2006, Peek sought relief from the imposition of lifetime probation on count two by filing a petition for post-conviction relief, which the trial court summarily denied. After the court of appeals denied review, Peek petitioned this Court for relief, arguing that lifetime probation was not authorized by statute when he committed his crimes. We[*183] granted review to address whether lifetime probation was available for conviction of attempted child molestation committed between 1994 and 1996. We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution, Arizona Revised Statutes (“A.R.S.”) section 13-4239 (2001), and Arizona Rule of Criminal Procedure 32.9.

II. DISCUSSION

¶ 4 Peek’s petition for post-conviction relief was untimely; his claim should have been raised in his “of right” petition for post-conviction relief. See Ariz. R.Crim. P. 32.1, 32.4. The State nonetheless joins Peek in asking that we address the legal issue raised. Because the State has waived preclusion and this case presents a recurring legal issue of statewide importance on which trial courts have rendered conflicting opinions, we will address the merits of the petition. See id. 31.19(c)(3); cf. id. 32.2(c) (placing the burden on the State to plead and prove preclusion and affording the court discretion to raise preclusion sua sponte).

¶ 5 Peek argues that the court may not impose a sentence greater than that allowed by law at the time the offense was committed and that, when he committed his crime, the maximum allowable term of probation was five years. He therefore maintains that lifetime probation could not be ordered. See Collins v. Youngblood, 497 U.S. 37, 43, 110 S.Ct. 2715, 111 L.Ed.2d 30 (1990); State v. Gonzalez, 216 Ariz. 11, 14-15, ¶¶ 13-15, 162 P.3d 650, 653-54 (App.2007); cf. A.R.S. § 13 — 4037(A) (2001) (requiring correction of an illegal sentence upon appeal by the defendant).

¶ 6 The sentencing provision in effect when Peek committed his crimes provided in relevant part as follows:

After conviction of a felony offense that is included in chapter 14 of this title, if probation is available, probation may continue for a term ... up to and including life and that the court believes is appropriate for the ends of justice.

A.R.S. § 13-902(E) (Supp.1993). We review statutory interpretation issues de novo. State v. Armstrong, 218 Ariz. 451, 463, ¶ 54, 189 P.3d 378, 390 (2008).

A. Legislative Modifications to Lifetime Probation Statute

¶ 7 At all times relevant to this case, Arizona statutes have defined various crimes against victims who are younger than fifteen as “Dangerous Crimes Against Children” (“DCAC”). A.R.S. §§ 13-604.01(K)(1) (1989), 13-604.01(J)(1) (Supp.1993), 13-604.01(E)(1) (Supp.1997). A completed offense was designated as a DCAC in the first degree and a preparatory offense was a DCAC in the second degree. Id. §§ 13-604.01(E)(1) (1989), 13-604.01(J)(1) (Supp. 1993), 13-604.01(E)(1) (Supp.1997).

¶ 8 Before 1994, a person convicted of any second degree DCAC could be placed on lifetime probation. Id. § 13-604.01(1) (1989). Effective January 1,1994, however, the legislature amended various sections of the criminal code, including those relating to lifetime probation. 1993 Ariz. Sess. Laws, ch. 255, § 8 (1st Reg.Sess.). The legislature eliminated subsection 13-604.01(1), the provision allowing lifetime probation for second degree DCAC offenses, and placed in the general probation statute § 13-902(E), quoted above, which authorized lifetime probation for felony offenses “included in chapter 14.” 1993 Ariz. Sess. Laws, ch. 255, §§ 8, 17 (adding § 13-902(D), which was renumbered as 13-902(E)).

¶ 9 Thus, before January 1, 1994, lifetime probation was available for attempted (or second degree) DCAC offenses, but not for sexual offenses against adults. A.R.S. § 13-604.01(1), (E) (1989). After the change, lifetime probation was not restricted to crimes against children, but also was not available for all DCAC offenses. Id. § 13-902(E) (Supp.1993). For example, before the amendment, lifetime probation was available for attempted second degree murder of victims younger than fifteen, but unavailable for sexual abuse of victims fifteen years old or older. Id. §§ 13-604.01(1), (E), -902 (1989). Following the amendment, the opposite was true because the pivotal factor shifted from whether the victim was younger than fifteen to whether the offense was “included in chapter 14.”

[*184] ¶ 10 In 1997, the legislature amended § 13-902(E) to explicitly apply to an attempt to commit an offense included in chapter 14. 1997 Ariz. Sess. Laws, ch. 179, § 2 (1st Reg. Sess.). Thus, lifetime probation was clearly available for an attempted child molestation occurring before 1994 or after the effective date of the 1997 amendment. This opinion addresses whether lifetime probation was also available in the intervening period during which Peek committed the attempt offense at issue.

B. Construing “a felony offense that is included in chapter 14”

¶ 11 When Peek committed his crimes, § 13-902(E) allowed lifetime probation for conviction of “a felony offense that is included in chapter 14 of [Title 13].” A.R.S. § 13-902(E) (Supp.1993). We must construe penal statutes “according to the fair import of their terms” to “effect their object.” Id. § 1-211(C) (2002). Our goal is to discern the legislature’s intent, the “best and most reliable index” of which is the statute’s language. State v. Getz, 189 Ariz. 561, 563, 944 P.2d 503, 505 (1997) (quoting In re Pima County Juvenile Appeal No. 74802-2, 164 Ariz. 25, 33, 790 P.2d 723, 731 (1990)). When the language of the statute is clear and unambiguous, we need look no further to ascertain the legislative intent. Id,.; State v. Christian, 205 Ariz. 64, 66, ¶ 6, 66 P.3d 1241, 1243 (2003). “[0]nly where a statute is ambiguous or unclear is a court at liberty to resort to the rules of statutory interpretation.” State v. Sweet, 143 Ariz. 266, 269, 693 P.2d 921, 924 (1985).

¶ 12 Section 13-902(E) seems clear: When Peek committed his crimes, it authorized lifetime probation only for offenses “included in chapter 14.” Although chapter 14 included the completed offense of child molestation, A.R.S. § 13-1410 (Supp.1993), it did not include attempted child molestation. Rather, attempted offenses were included in chapter 10 of Title 13. Id. § 13-1001 (1989). The legislature could rationally have chosen to treat preparatory offenses less harshly than completed crimes, and § 13-902(E) appears to reflect precisely such a choice. See Henry M. Hart, Jr. & Albert M. Sacks, The Legal Process 1124-25 (William N. Eskridge, Jr. & Philip P. Frickey eds., 1994) (suggesting that plain language be interpreted in light of context and reasonable purpose of statute).

¶ 13 The State argues that attempts are part of the completed offense or cannot be committed in isolation from the substantive offense. That argument, however, does not address whether the language of the statute in question encompassed attempted offenses within § 13-902(E).

¶ 14 Moreover, we have previously held that sentencing options for a substantive offense do not automatically apply to related preparatory offenses. In State v. Herrera, 131 Ariz. 35, 36-37, 638 P.2d 702, 703-04 (1981), for example, we concluded that a consecutive sentence could not be imposed for an attempted second degree escape when the statute did not authorize a consecutive sentence, even though a consecutive sentence was required for the completed crime. We reasoned that “even though it would logically follow” that the same penalty might be imposed for an attempted crime as for the completed crime, we could not impose such a sentence when the sentencing statute did not authorize it. Id. at 37, 638 P.2d at 704. The statute in Herrera had undergone a change similar to that at issue before us: A statute clearly requiring consecutive sentences for both completed and attempted escape was amended by deleting mention of the attempted crime. Id. at 36, 638 P.2d at 703. Based on this amendment, we concluded that “[w]e cannot replace what the legislature has taken out.” Id. at 37, 638 P.2d at 704.

¶ 15 Similarly, in State v. Tellez, the court of appeals held that a fine mandated for “a violation of any provision of [§ 13-3408(A) ]” could not be imposed for solicitation to commit the substantive offense because solicitation was an offense defined in chapter 10 of Title 13. 165 Ariz. 381, 382-83, 799 P.2d 1, 2-3 (App.1990) (emphasis omitted); see also State v. Wise, 164 Ariz. 574, 578, 795 P.2d 217, 221 (App.1990) (holding, for the same reason, that fine could not be imposed for attempts to commit the substantive offense).

¶ 16 We find unpersuasive the court of appeals cases on which the State relies. State v. Lammie, 164 Ariz. 377, 793 P.2d 134[*185] (App.1990), and State v. Cory, 156 Ariz. 27, 749 P.2d 936 (App.1987), addressed whether sex offender registration could be required for those convicted of attempted sexual assault. Lammie, 164 Ariz. at 378, 793 P.2d at 135; Cory, 156 Ariz. at 28, 749 P.2d at 937. The relevant statute required sex offender registration for those convicted of “a violation of chapter 14 [of Title 13].” Lammie, 164 Ariz. at 378, 793 P.2d at 135; Cory, 156 Ariz. at 28, 749 P.2d at 937. The Cory court concluded that because the defendant pled to a violation of “§ 13-1001, as well as §§ 13-1406, 13-1401, 13-3821, 13-701, 13-801, and 13-808,” the sex offender registration provision applied. Cory, 156 Ariz. at 28, 749 P.2d at 937. It is unclear, however, how the defendant in Cory violated any of the listed sections other than § 13-1001; indeed the opinion reflects conviction only of the attempted offense. Cory, 156 Ariz. at 28, 749 P.2d at 937. In concluding that registration could be ordered, the court emphasized that the regulatory purpose of the sex offender registry was served by including those convicted of attempted sexual assault. Id. Here, in contrast, we deal with a penal statute.

¶ 17 In Lammie, the court relied on Cory and similarly affirmed the sex offender registration requirement. Lammie, 164 Ariz. at 379, 381, 793 P.2d at 136, 138. The court added that contemporaneous legislative history supported its conclusion that the legislature intended to include attempts within the statute. [1] Id. at 379, 793 P.2d at 136. Because Cory and Lammie allowed an interpretation at odds with the plain language of the statute, we do not find them persuasive.

¶ 18 Nor does State v. Cornish, 192 Ariz. 533, 968 P.2d 606 (App.1998), support the State’s position. The attempt crime considered in Cornish fit squarely within the plain language of the statutory provision. The statute at issue in Cornish provided an enhanced sentence for those “convicted of a class 4, 5 or 6 felony involving the intentional or knowing infliction of serious physical injury.” Id. at 535, ¶ 5, 968 P.2d at 608 (citing AR.S. § 13-604(F) (Supp.1996)). The defendant was convicted of “attempted aggravated assault, a class 4 dangerous felony.” Id. at 534, ¶ 2, 968 P.2d at 607. The defendant argued that the statute was ambiguous because other subsections of the statute explicitly applied to both completed and preparatory offenses, while § 13-604(F) did not explicitly refer to attempts. Id. at 535, ¶ 6, 968 P.2d at 608. The court concluded that the defendant’s conviction of attempted aggravated assault fell within the statute because it was a “class 4, 5 or 6 felony involving the intentional or knowing infliction of serious physical injury.” Id. at 535, 537-38, ¶¶ 9, 18, 968 P.2d at 608, 610-11. Cornish thus differs from the instant case because this conviction is not covered by the plain text of the statute.

¶ 19 The State next argues that the 1994 amendment did nothing to change the treatment of attempted crimes. We disagree. The legislature deleted clear language subjecting attempt offenses to lifetime probation and made lifetime probation applicable only for those offenses falling within chapter 14. Had the legislature intended to cover attempts, it would have chosen to use different language, as it did for the 1997 amendment to § 13-902(E), which explicitly applied to attempts to commit an offense included in chapter 14. 1997 Ariz. Sess. Laws, ch. 179, § 2. When the legislature intends to include attempts, it knows how to do so.

III. CONCLUSION

¶ 20 The statutes in effect when Peek committed his crimes did not authorize lifetime probation for attempted child molestation. The lifetime probation term imposed on count two was therefore illegal and accordingly is vacated. The order of the court of appeals declining jurisdiction and the superi- or court’s order dismissing the petition for post-conviction relief are vacated, and this matter is remanded to the superior court for resentencing in a manner consistent with this opinion.

[*186] CONCURRING: RUTH V. McGREGOR, Chief Justice, MICHAEL D. RYAN, ANDREW D. HURWITZ and W. SCOTT BALES, Justices.
1

. Section 13-3821 has since been amended and now clearly applies to attempted offenses. 1995 Ariz. Sess. Laws, ch. 257, § 3 (1st Reg.Sess.). No similar legislative history supports such a result for § 13-902(E).