This page is dedicated to listing the laws often trespassed within the Arizona Constitution, Arizona Revised Statutes (ARS), Criminal Code (ARS Title 13), and Uniform Commercial Code (ARS Title 47) as they are found. Once your status is corrected, you may not be in the municipal or territorial jurisdiction any longer, but those committing these offenses certainly are. We encourage you to read the original citing, not just the quote on this page! Consider also checking the list of Federal Trespasses.
In a hurry? Try using Ctrl+F function and search by keyword… Also, in Windows10, holding the Alt-key and typing “0-1-6-7” (Alt+0167) is the Unicode shortcut to the “section symbol”, or “§”, just in case you’re taking notes.
Resources: Arizona azleg.gov/constitution, azleg.gov/arstitle/, Legal Information Institute at Cornell, TheLawDictionary.org, constitutionallawgroup.us, iamhassentmetoyou.com/library, State Bar of Arizona (Dun & Bradstreet), State of Arizona (Dun & Bradstreet), Arizona State Legislature Search Tool, Arizona Superior Court Local Rules, Arizona BAR Rules of Professional Conduct;
Please visit our sponsors and merch sites on the [RECOMENDATIONS] page.
Filing Complaints or Claims:
The following resources can orient you to how “the establishment” would like you to file your complaint. The 6-step process discussed by Alphonse Faggiolo allows you to establish a priority standing on facts after allowing the trespasser to “back themselves into a corner” made of fraud, deceit, and incompetence from which they likely cannot escape. Use the following for information, and for format and/or content of your submissions.
County Sheriff’s Office – counties where you travel often, enter to contacts
Apache – Cochise – Coconino – Gila – Graham – Greenlee – La Paz – Maricopa – Mohave – Navajo – Pima – Pinal – Santa Cruz – Yavapai – Yuma
source: Arizona County Association – Sheriffs change; website, phone, and address don’t.
State Bar of Arizona: Charge a Lawyer, Bar Grievance online form, [.pdf ?]
BAR Attorneys must adhere to Rule 42, details [HERE].
(See online form, use similar format, then mail it registered mail – ?)
4201 N. 24th Street Suite 100, Phoenix, AZ 85016-6266
Phone: 602.252.4804 – Toll Free: 866.48.AZBAR – Fax: 602.271.4930
STATE BAR of ARIZONA: Rule 42: Arizona Rules for Professional Conduct
Judicial Conduct Commission AZ: [How-to] Judge Grievance [.pdf] [WikiHow info]
Federal Bureau of Investigation – for violations of Federal Law and police misconduct when your civil rights have been violated.
The Common Arizona Trespasses:
STATUS: Open for Discussion; post additions and suggestions in comments below.
Defending yourself lawfully often involves going on offense, which is easy when you can spot the weak points in their armor. They commit fraud as often as they breath in and out as well as a host of other trespasses and offenses. Defending yourself then simply becomes holding them accountable for the painfully obvious…
What is PROBABLE CAUSE?
Facts and evidences that lead many to believe that the accused actually committed the crime. A probable cause is not a fail proof evidence as it only provides enough grounds to deem the convicted (suspect?) guilty of the crime, and thus to arrest and put the accused to trial.
On Arizona, probable cause and a lawful warrant are codified in ARS 13-3911 through 13-3914 below.
According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.
[The Law Dictionary]
Arizona Constitution
Arizona Constitution, Title 2: The Arizona “Bill of Rights”
AZ Article 2, §2 – All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
AZ Article 2, §2.1 (A)(8): To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.
AZ Article 2, §3 (A) The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.
(B) To protect the people’s freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution… [MORE]
(ordinance or statute in opposition to the Constitution is no law)
AZ Article 5, §5 Right of petition and of assembly
The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.
AZ Article 2, §6 Freedom of speech and press – Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
AZ Article 2, §8 Right to privacy – No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
(read “probable cause”: known violation, known intent to violate, claim of damage or harm)
AZ Article 2, §9 Irrevocable grants of privileges, franchises or immunities – No law granting irrevocably any privilege, franchise, or immunity shall be enacted.
(“We reserve the right to revoke your privileges and immunity?”)
AZ Article 2, §10 Self-incrimination; double jeopardy
No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
AZ Article 2, §11. Administration of justice – Justice in all cases shall be administered openly, and without unnecessary delay.
(so “necessary delay” is ok?)
AZ Article 2, §12 Liberty of conscience; appropriations for religious purposes prohibited; religious freedom – Section 12. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state…
(the state, or the “people”… more – isn’t clear, does not proceed far enough to protect individuals from religious persecution).
AZ Article 2, §13 Equal privileges and immunities – No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
(citizens is a specified political class – should read “people”)
AZ Article 2, §24 Rights of accused in criminal prosecutions
In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
AZ Article 2, §26 Bearing arms – The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
(…of himself “, his property, or his fellow Arizonans”)
AZ Article 2, §28 Treason – Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
AZ Article 2, §33 Reservation of rights – The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.
(what is not specifically reserved to the state is retained by the people)
AZ Article 2, §36 Preferential treatment or discrimination prohibited; exceptions; definition – (A) This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.
(public contracting = accommodation)
Arizona Constitution, Title 4: Legislative Department
AZ Title 4, §1 Initiative and Referendum:
(1) Senate; house of representatives; reservation of power to people. The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature
AZ Title 4, §1(2) Initiative power.
AZ Title 4, §1(3) Referendum power.
See also: ARS Title 19 Initiative, Referendum, and Recall
Arizona Constitution, Title 5: Executive Department (citings needed)
AZ Article 5, §4 Governor; powers and duties…(more) “…He shall take care that the laws be faithfully executed…(more)”
AZ Article 5, §7 …Section 7. Every bill passed by the legislature, before it becomes a law, shall be presented to the governor…
(suggesting that every bill before it can be signed into law must pass the legislature.)
AZ Article 18, §9: The exchange, solicitation, or giving out of any labor “black list,” is hereby prohibited, and suitable laws shall be enacted to put this provision into effect.
(like no employment without a mask, inoculation, or vaccine passport? – dp)
AZ Article 20, §1: Toleration of religious sentiment; Perfect toleration of religious sentiment shall be secured to every inhabitant of this state, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship, or lack of the same.
Arizona Revised Statutes (ARS)
Title 11, Ch3, Article 3; Recording Your Documents:
Due process includes recording your documents to the public record so they can be recalled and examined by any and all who have an interest in the matter. You’ll therefore need to be familiar with the process, fees, and where recording documents need be inserted into your process. To begin, here are a few of your rights in regard to the county recorder which are likely to be mirrored in your particular state.
ARS 11-461: Recording instruments; keeping records…
(B) “The recorder shall record…all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480. [11-480 pertains to format for submission]
(D) …recorded consecutively… shall affix to each instrument… notations…:
(1) …identification to uniquely identify each instrument…
(2) …location to enable each instrument to be retrieved for purposes of inspection…
ARS 11-462: Enumeration of indices
A. Every recorder shall keep indices to the instruments that have been recorded. There shall be at least one entry in the indices for each instrument recorded and this entry shall show at least the date of recording, the docket and page number where recorded, the grantor or the equivalent, if any, and the grantee or the equivalent, if any.
B. The recorder may elect to keep some or all of the indices by categories according to the type of instrument. In this case, he must establish at least the following categories in which each instrument shall be indexed both by the grantor or the equivalent and by the grantee or the equivalent: conveyances of real property, mortgages, releases of mortgages, miscellaneous, leases, secured transactions, assignments of mortgages and leases, governmental liens, nongovernmental liens, attachments, judgments, and agreements. In addition the recorder, under this option, shall maintain at least the following additional categories: powers of attorney, official bonds, executions, lis pendens, mine location notices and partnerships.
ARS 11-465: Discharge papers of service personnel
The recorder shall record without fee the discharge papers of officers and enlisted personnel of the military and naval forces of the United States… [more]
ARS 11-466: Certified copies of judgments affecting real property
The recorder shall file and record with the record of deeds, grants and transfers, certified copies of final judgments partitioning or affecting the title to or possession of real property, any part of which is located in the county.
ARS 11-471: Manner of recording
The recorder shall, without delay, record each instrument authorized to be recorded which is deposited with him for record, except where otherwise provided, with the acknowledgments, proofs, affidavits and certificates thereon, and other papers thereto annexed, in the order and as of the time when they are deposited for record, by entering them for record word for word and letter for letter, and the hour, day, month and year when the instrument recorded was deposited in his office for record.
ARS 11-480: Requirements for form of instruments (format requirements)
Title 12
Chapter 5 LIMITATIONS OF ACTIONS (time limits)
ARS §12-541: Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation
ARS §12-548: Contract in writing; 5 year limitation
ARS §12-681: Definitions (product liability)
(8) “Reasonably foreseeable alteration, modification, use or consumption” means an alteration, modification, use or consumption of the product that would be expected of an ordinary and prudent purchaser, user or consumer and that an ordinary and prudent manufacturer should have anticipated.
(are then “producers” of corporate law thrust upon men liable for deprivation of rights?)
ARS 12-821: General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
ARS 12-821.01:
(A) Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
(B) …a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage.
(E) A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.
(G) If a genuine issue of material fact exists as to whether the requirements of this section have been complied with, the issue shall be resolved before a trial on the merits and at the earliest possible time.
ARS 12-881: Conditions under which property escheats
If the owner of property, without devise thereof and having no heirs, is absent from his domicile for five years successively and is not known to exist, the estate shall escheat to and vest in the state.
ARS §12-884: Judgment and costs
(A) If upon the trial it appears that the state has good title to all or any part of the property or estate described in the complaint, judgment shall be given that the state is seized or possessed thereof. A judgment for the state shall contain a description of the property and shall vest the title thereof in the state.
ARS §12-906: Service of process
In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency.
ARS §12-2502: Pro rata shares
“… determining the pro rata share of tortfeasors in the entire liability…” [MORE]
(assignable shares of liability)
ARS §12-2503: Enforcement (tort)
(A) “…action against two or more tortfeasors…”
(B) “…may be enforced in that action by judgment in favor of one against other judgment defendants…” [MORE]
ARS §12-2505: Comparative negligence; definition
(A) “…contributory negligence or of assumption of risk… shall at all times be left to the jury. …the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury… There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury…” [MORE]
(B) “…claimant’s fault” includes the fault imputed or attributed to a claimant by operation of law…”
(F) “The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death is binding as among the defendants in determining their right to contribution. If the claimant’s case is tried, the trier of fact shall apportion and determine the respective degrees of fault of the defendants to the action.
[“judgment… is binding… if tried… the trier of fact shall apportion and determine the respective degrees of fault of the defendants.”] (untangling the gobbledegook)
ARS §12-2509: Scope of contribution and comparative negligence
(see also ARS 12-681: Definitions – “product liability”)
Negligence: (LII/Wex) “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).” [MORE]
Gross Negligence: (LII/Wex) Gross negligence is a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people’s rights to safety… Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
ARS, Title 13: The Criminal Code
ARS 13-105: Definitions
(10) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:
(10)(d) “Criminal negligence” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
(30) “Person” means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. [hu-man: color of a man]
[“Person, persons, and personal” are often misused commercial terms, a personification or representative entity, the incorporation on paper; also “hu-man”, the color, hue, or legal documentation and representation of a man, a fictitious entity and not a living soul, man or woman.]
ARS 13-801: Fines for felonies
ARS 13-802: Fines for misdemeanors
ARS 13-803: Fines against enterprises
(When evaluating civil fines for conspiracy, or more than one offender, enterprise level penalties and fines very often apply. These can be 10 to 20 times higher than individual trespasses or violations as it may constitute a “David vs. Goliath” scenario; one man or woman beset by an entire organization with professional experience and legal resources.”)
ARS 13-810: Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
ARS 13-1003. Conspiracy; classification
A. A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit any felony upon the person of another, or to commit an offense under section 13-1508 or 13-1704.
B. If a person guilty of conspiracy, as defined in subsection A of this section, knows or has reason to know that a person with whom such person conspires to commit an offense has conspired with another person or persons to commit the same offense, such person is guilty of conspiring to commit the offense with such other person or persons, whether or not such person knows their identity.
C. A person who conspires to commit a number of offenses is guilty of only one conspiracy if the multiple offenses are the object of the same agreement or relationship and the degree of the conspiracy shall be determined by the most serious offense conspired to.
D. Conspiracy to commit a class 1 felony is punishable by a sentence of life imprisonment without possibility of release on any basis until the service of twenty-five years, otherwise, conspiracy is an offense of the same class as the most serious offense which is the object of or result of the conspiracy.
ARS 13-1201. Endangerment; classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
ARS 13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
To cause physical injury to another person or serious damage to the property of another; or
To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility;
ARS 13-1203. Assault; classification
(A) A person commits assault by:
(1) Intentionally, knowingly, or recklessly causing any physical injury to another person;
(2) Intentionally placing another person in reasonable apprehension of imminent physical injury;
(3) knowingly touching another person with the intent to injure, insult, or provoke such person.
ARS 13-1204: Aggravated assault; classification; definitions
ARS 13-1303. Unlawful imprisonment; classification; definition
(A) A person commits unlawful imprisonment by knowingly restraining another person…
(B) …it is a defense that:
(1) the restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty.
[Corporate security or “policy officers” are neither peace officers nor detention officers -dp]
(With no trespassed or damaged witness who can speak of their own knowledge under penalty of perjury, no warrant for my arrest, are you aware that in contrast to “acting in good faith in the lawful performance of your duty” you are rather violating ARS 13-1303 Unlawful Imprisonment?)
NOTES:
False Arrest – restraint or detention by one person of another without lawful justification… probable cause, a valid arrest warrant, or consent under an asserted legal authority to enforce the process of law. [Cornell LII – Wex – MORE]
False Imprisonment – A person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area (including failure to release OR an invalid use of legal authority) and “threats of false imprisonment”. [Cornell LII – Wex – MORE]
ARS 13-1304. Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to:
Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
(reasonable apprehension of imminent physical injury)
Interfere with the performance of a governmental or political function;
(State National status is an on-going political function, no?)
ARS 13-1501 Definitions: Criminal Trespass and Burglary
2.”Enter or remain unlawfully” means an act of a person who enters or remains on premises when the person’s intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.
3. “Entry” means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property.
(“unit of real property” REF: “exclusive access”)
ARS 13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
ARS 13-1504: Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.
NOTE: This casts a pall on the “Faggiolo” idea that
1) property owner must request,
2) unlawful activity is undertaken, OR
3) another’s rights/property are/is damaged
ARS 13-1504: Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
3. Entering any residential yard [read: “private property”] and, without lawful authority, looking into the residential structure [read: “private property”] thereon in reckless disregard of infringing on the inhabitant’s right of privacy. [more…]
Larceny – The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his (the taker’s) use, and make them his property, without the consent of the owner. [Black’s Law] (it can be difficult to prove “intent” or also “conversion”)
Grand Larceny – …the theft of a large sum of money that is greater than a set amount. [Black’s Law]
ARS 13-1506: Burglary in the third degree; classification
ARS 13-1507: Burglary in the second degree; classification
(for 13-1506 & 1507, read “residential” as “private property”, which was undoubtedly worded to exclude specific property in the interests of corporate government. -dp)
ARS 13-1508: Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
[When police and security invade your privacy and trespass your private property, they are invariably armed with several dangerous weapons. -dp]
ARS 13-1802: Theft; classification; definitions
A. A person commits theft if, without lawful authority, the person knowingly:
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
G. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. [MORE]
ARS 13-1804: (A) A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:
(3) Cause damage to property.
(5) Accuse anyone of a crime or bring criminal charges against anyone.
(7) Take or withhold action as a public servant or cause a public servant to take or withhold action. “so the court won’t perform public service unless i pay the court?”
(8) Cause anyone to part with any property.
ARS 13-1815: Unlawful use of power of attorney; classification
A. An agent who holds a principal’s power of attorney pursuant to title 14, chapter 5, article 5 and who uses or manages the principal’s assets or property with the intent to unlawfully deprive that person of the asset or property is guilty of theft.
ARS 13, Chapter 20: Forgery and Identity Theft
ARS 13-2010: Trafficking in the identity of another person or entity; classification
A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
ARS 13-2002: Forgery; classification
A. A person commits forgery if, with intent to defraud, the person:
1. Falsely makes, completes or alters a written instrument; or
2. Knowingly possesses a forged instrument; or
3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
ARS 13-2006: Criminal impersonation; classification
A. A person commits criminal impersonation by:
1. Assuming a false identity with the intent to defraud another; or
2. Pretending to be a representative of some person or organization with the intent to defraud; or
3. Pretending to be, or assuming a false identity of, an employee or a representative of some person or organization with the intent to induce another person to provide or allow access to property.
ARS 13-2008: Taking identity of another person or entity; classification
Terrorism:
ARS 13-2308.01. Terrorism; classification
A. It is unlawful for a person to intentionally or knowingly do any of the following:
Solicit, incite or induce others to promote or further an act of terrorism.
Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:
(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
Provide advice, assistance or direction in the conduct, financing or management of a terrorist organization.
B. A violation of this section is a class 2 felony.
ARS 13-2406. Impersonating a public servant; classification; definition
A. A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely on his pretended official acts.
B. It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist or that the pretended office did not in fact possess the authority claimed for it.
C. Impersonating a public servant is a class 1 misdemeanor.
D. For the purposes of this section, “public servant” includes a notary public.
ARS 13-2407: Tampering with a public record; classification; especially (4) Destroys, mutilates, conceals, removes or otherwise impairs the availability of any public record; or (5) Refuses to deliver a public record in such person’s possession upon proper request of a public servant entitled to receive such record for examination or other purposes.
Impersonating a Peace Officer:
ARS 13-2411. Impersonating a peace officer; classification; definition
(A) A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts.
What is BATTERY? Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent. 2 Bish. Crim. Law,
(masks: unlawful wrongful constraint without consent)
What is CONSTRAINT? This term is held to be exactly equivalent with “restraint.” Edmondson v. Harris, 2 Tenn. Ch. 427
ARS 13-2804: Tampering with a witness; classification; especially (A) A person commits tampering with a witness if the person knowingly communicates, directly or indirectly, with a witness in any official proceeding or a person he believes may be called as a witness to do any of the following: (1) Unlawfully withhold any testimony. and (B) Tampering with a witness is a class 6 felony.
ARS 13-2809: Tampering with physical evidence; classification
ARS 13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
Engages in fighting, violent or seriously disruptive behavior; or
Makes unreasonable noise; or
Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession;
ARS 13-2921. Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
Repeatedly commits an act or acts that harass another person.
Surveils or causes another person to surveil a person for no legitimate purpose.
On more than one occasion makes a false report to a law enforcement, credit or social service agency.
Interferes with the delivery of any public or regulated utility to a person.
ARS 13-3850 – Duty of arresting officer; application for writ of habeas corpus; notice
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him [a warrant] shall have appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged [probable cause, charged], and that he has the right to demand legal counsel; and if the prisoner, his friends, or counsel shall state that he or they desire to test the legality of his arrest, the prisoner shall be taken forthwith before a judge of a court of record, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
ARS 13-3884: Arrest by private person
A private person may make an arrest:
When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
ARS 13-3889: Method of arrest by private person
A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.
(injury done him – remedy by due course of law – citings needed)
PRIVATE PROPERTY – (administering property without right)
ARS Title 13, Chapter 38, Article 8: Search Warrant
ARS 13-3911: Definition
an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in section 13-3912.
ARS 13-3912: Grounds for issuance
A search warrant may be issued upon any of the following grounds:
ARS 13-3913: Conditions precedent to issuance
No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.
ARS 13-3914: Examination on oath; affidavits
A. Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit… sets forth facts tending to establish probable cause for the issuance of the warrant.
B. The affidavit or affidavits must set forth the facts… or probable cause for believing the grounds exist. The person or persons seeking the warrant and the judicial officer issuing the warrant must have probable cause for believing the grounds exist.
C. In lieu of, or in addition to, a written affidavit, or affidavits… (verbal) [MORE]
ARS 13-3915: Issuance; form of warrant; duplicate original warrant; telefacsimile
ARS 13-3916: Service of warrant; breaking and entering to execute
A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.
ARS 13-3925: Unlawful search and seizure
ARS §19-116: Signing petitions; coercion, intimidation; false description; classification
ARS §23-203: Compulsion or coercion of employee or another to buy from a particular person
“A person who knowingly compels, or in any manner seeks to coerce any employee or any person to purchase goods or supplies from any particular person is guilty of a class 2 misdemeanor.”
ARS §23-786: False statement, misrepresentation, non-disclosure
“…any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation believing it to be false, or who knowingly fails to disclose a material fact, in order to defraud an individual…”
(statutory pattern of incorrect behavior – fraud; dp)
Title 26: Military Affairs and Emergency Management
ARS 26-121: Composition of militia; persons exempt
The militia of the state of Arizona consists of all able bodied citizens of the state between the ages of eighteen and forty-five years and all residents of the state between such ages who have declared their intention to become citizens of the United States, except:
1. Persons exempted by the laws of the state or the United States.
2. [the incapacitated or incarcerated] (dp)
3. Judges and clerks of courts of record.
4. State and county civil officers holding office by election, and members of the legislature.
5. Members of the clergy.
ARS 26-122: Components of militia
A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia
B. national guard “…organized and maintained pursuant to law…”
[likely the last resort under “lawlessness” of public servants]
E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized.
Arizona State Trespasses
This page is dedicated to listing the laws often trespassed within the Arizona Constitution, Arizona Revised Statutes (ARS), Criminal Code (ARS Title 13), and Uniform Commercial Code (ARS Title 41) as they are found. Once your status is corrected, you may not be in the municipal or territorial jurisdiction any longer, but those committing these offenses certainly are. We encourage you to read the original citing, not just the quote on this page! Consider also checking the list of Federal Trespasses.
In a hurry? Try using Ctrl+F function and search by keyword… Also, in Windows10, holding the Alt-key and typing “0-1-6-7” (Alt+0167) is the Unicode shortcut to the “section symbol”, or “§”, just in case you’re taking notes.
Resources: Arizona azleg.gov/constitution, azleg.gov/arstitle/, Legal Information Institute at Cornell, TheLawDictionary.org, constitutionallawgroup.us, iamhassentmetoyou.com/library, State Bar of Arizona (Dun & Bradstreet), State of Arizona (Dun & Bradstreet), Arizona State Legislature Search Tool,
Please visit our sponsors and merch sites on the [RECOMENDATIONS] page.
Filing Complaints or Claims:
The following resources can orient you to how “the establishment” would like you to file your complaint. The 6-step process discussed by Alphonse Faggiolo allows you to establish a priority standing on facts after allowing the trespasser to “back themselves into a corner” made of fraud, deceit, and incompetence from which they likely cannot escape. Use the following for information, and for format and/or content of your submissions.
County Sheriff’s Office – counties where you travel often, enter to contacts
Apache – Cochise – Coconino – Gila – Graham – Greenlee – La Paz – Maricopa – Mohave – Navajo – Pima – Pinal – Santa Cruz – Yavapai – Yuma
source: Arizona County Association – Sheriffs change; website, phone, and address don’t.
State Bar of Arizona: Charge a Lawyer, Bar Grievance online form, [.pdf ?]
(See online form, use similar format, then mail it registered mail – ?)
4201 N. 24th Street Suite 100, Phoenix, AZ 85016-6266
Phone: 602.252.4804 – Toll Free: 866.48.AZBAR – Fax: 602.271.4930
Judicial Conduct Commission AZ: [How-to] Judge Grievance [.pdf] [WikiHow info]
Federal Bureau of Investigation – for violations of Federal Law and police misconduct when your civil rights have been violated.
The Common Arizona Trespasses:
STATUS: Open for Discussion; post additions and suggestions in comments below.
Defending yourself lawfully often involves going on offense, which is easy when you can spot the weak points in their armor. They commit fraud as often as they breath in and out as well as a host of other trespasses and offenses. Defending yourself then simply becomes holding them accountable for the painfully obvious…
What is PROBABLE CAUSE?
Facts and evidences that lead many to believe that the accused actually committed the crime. A probable cause is not a fail proof evidence as it only provides enough grounds to deem the convicted (suspect?) guilty of the crime, and thus to arrest and put the accused to trial.
On Arizona, probable cause and a lawful warrant are codified in ARS 13-3911 through 13-3914 below.
According to the Supreme Court, probable cause to make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed, or is about to commit a criminal act. The officer must be able to articulate the facts and circumstances forming the basis for probable cause.
[The Law Dictionary]
Arizona Constitution
Arizona Constitution, Title 2: The Arizona “Bill of Rights”
AZ Article 2, §2 – All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
AZ Article 2, §3(A) The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject.
(ordinance or statute in opposition to the Constitution is no law)
AZ Article 2, §6 Freedom of speech and press – Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
AZ Article 2, §8 Right to privacy – No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
(read “probable cause”: known violation, known intent to violate, claim of damage or harm)
AZ Article 2, §9 Irrevocable grants of privileges, franchises or immunities – No law granting irrevocably any privilege, franchise, or immunity shall be enacted.
(“We reserve the right to revoke your privileges and immunity?”)
AZ Article 2, §11. Administration of justice – Justice in all cases shall be administered openly, and without unnecessary delay.
(so “necessary delay” is ok?)
AZ Article 2, §12 Liberty of conscience; appropriations for religious purposes prohibited; religious freedom – Section 12. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state…
(the state, or the “people”… more – isn’t clear, does not proceed far enough to protect individuals from religious persecution).
AZ Article 2, §13 Equal privileges and immunities – No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
(citizens is a specified political class – should read “people”)
AZ Article 2, §26 Bearing arms – The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
(…of himself “, his property, or his fellow Arizonans”)
AZ Article 2, §28 Treason – Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
AZ Article 2, §33 Reservation of rights – The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.
(what is not specifically reserved to the state is retained by the people)
AZ Article 2, §36 Preferential treatment or discrimination prohibited; exceptions; definition – (A) This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.
(public contracting = accommodation)
Arizona Constitution, Title 4: Legislative Department
AZ Title 4, §1 Initiative and Referendum:
(1) Senate; house of representatives; reservation of power to people. The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature
AZ Title 4, §1(2) Initiative power.
AZ Title 4, §1(3) Referendum power.
See also: ARS Title 19 Initiative, Referendum, and Recall
Arizona Constitution, Title 5: Executive Department (citings needed)
AZ Article 5, §4 Governor; powers and duties…(more) “…He shall take care that the laws be faithfully executed…(more)”
AZ Article 5, §7 …Section 7. Every bill passed by the legislature, before it becomes a law, shall be presented to the governor…
(suggesting that every bill before it can be signed into law must pass the legislature.)
AZ Article 18, §9: The exchange, solicitation, or giving out of any labor “black list,” is hereby prohibited, and suitable laws shall be enacted to put this provision into effect.
(like no employment without a mask, inoculation, or vaccine passport? – dp)
AZ Article 20, §1: Toleration of religious sentiment; Perfect toleration of religious sentiment shall be secured to every inhabitant of this state, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship, or lack of the same.
Arizona Revised Statutes (ARS)
Title 11, Ch3, Article 3; Recording Your Documents:
Due process includes recording your documents to the public record so they can be recalled and examined by any and all who have an interest in the matter. You’ll therefore need to be familiar with the process, fees, and where recording documents need be inserted into your process. To begin, here are a few of your rights in regard to the county recorder which are likely to be mirrored in your particular state.
ARS 11-461: Recording instruments; keeping records…
(B) “The recorder shall record…all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480. [11-480 pertains to format for submission]
(D) …recorded consecutively… shall affix to each instrument… notations…:
(1) …identification to uniquely identify each instrument…
(2) …location to enable each instrument to be retrieved for purposes of inspection…
ARS 11-462: Enumeration of indices
A. Every recorder shall keep indices to the instruments that have been recorded. There shall be at least one entry in the indices for each instrument recorded and this entry shall show at least the date of recording, the docket and page number where recorded, the grantor or the equivalent, if any, and the grantee or the equivalent, if any.
B. The recorder may elect to keep some or all of the indices by categories according to the type of instrument. In this case, he must establish at least the following categories in which each instrument shall be indexed both by the grantor or the equivalent and by the grantee or the equivalent: conveyances of real property, mortgages, releases of mortgages, miscellaneous, leases, secured transactions, assignments of mortgages and leases, governmental liens, nongovernmental liens, attachments, judgments, and agreements. In addition the recorder, under this option, shall maintain at least the following additional categories: powers of attorney, official bonds, executions, lis pendens, mine location notices and partnerships.
ARS 11-465: Discharge papers of service personnel
The recorder shall record without fee the discharge papers of officers and enlisted personnel of the military and naval forces of the United States… [more]
ARS 11-466: Certified copies of judgments affecting real property
The recorder shall file and record with the record of deeds, grants and transfers, certified copies of final judgments partitioning or affecting the title to or possession of real property, any part of which is located in the county.
ARS 11-471: Manner of recording
The recorder shall, without delay, record each instrument authorized to be recorded which is deposited with him for record, except where otherwise provided, with the acknowledgments, proofs, affidavits and certificates thereon, and other papers thereto annexed, in the order and as of the time when they are deposited for record, by entering them for record word for word and letter for letter, and the hour, day, month and year when the instrument recorded was deposited in his office for record.
ARS 11-480: Requirements for form of instruments (format requirements)
Title 12
Chapter 5 LIMITATIONS OF ACTIONS (time limits)
ARS §12-541: Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation
ARS §12-548: Contract in writing; 5 year limitation
ARS §12-681: Definitions (product liability)
(8) “Reasonably foreseeable alteration, modification, use or consumption” means an alteration, modification, use or consumption of the product that would be expected of an ordinary and prudent purchaser, user or consumer and that an ordinary and prudent manufacturer should have anticipated.
(are then “producers” of corporate law thrust upon men liable for deprivation of rights?)
ARS 12-821: General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
ARS 12-821.01:
(A) Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
(B) …a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage.
(E) A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.
(G) If a genuine issue of material fact exists as to whether the requirements of this section have been complied with, the issue shall be resolved before a trial on the merits and at the earliest possible time.
ARS 12-881: Conditions under which property escheats
If the owner of property, without devise thereof and having no heirs, is absent from his domicile for five years successively and is not known to exist, the estate shall escheat to and vest in the state.
ARS §12-884: Judgment and costs
(A) If upon the trial it appears that the state has good title to all or any part of the property or estate described in the complaint, judgment shall be given that the state is seized or possessed thereof. A judgment for the state shall contain a description of the property and shall vest the title thereof in the state.
ARS §12-906: Service of process
In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency.
ARS §12-2502: Pro rata shares
“… determining the pro rata share of tortfeasors in the entire liability…” [MORE]
(assignable shares of liability)
ARS §12-2503: Enforcement (tort)
(A) “…action against two or more tortfeasors…”
(B) “…may be enforced in that action by judgment in favor of one against other judgment defendants…” [MORE]
ARS §12-2505: Comparative negligence; definition
(A) “…contributory negligence or of assumption of risk… shall at all times be left to the jury. …the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury… There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury…” [MORE]
(B) “…claimant’s fault” includes the fault imputed or attributed to a claimant by operation of law…”
(F) “The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death is binding as among the defendants in determining their right to contribution. If the claimant’s case is tried, the trier of fact shall apportion and determine the respective degrees of fault of the defendants to the action.
[“judgment… is binding… if tried… the trier of fact shall apportion and determine the respective degrees of fault of the defendants.”] (untangling the gobbledegook)
ARS §12-2509: Scope of contribution and comparative negligence
(see also ARS 12-681: Definitions – “product liability”)
Negligence: (LII/Wex) “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).” [MORE]
Gross Negligence: (LII/Wex) Gross negligence is a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people’s rights to safety… Falling between intent to do wrongful harm and ordinary negligence, gross negligence is defined as willful, wanton, and reckless conduct affecting the life or property or another.
ARS, Title 13: The Criminal Code
ARS 13-105: Definitions
(10) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:
(10)(d) “Criminal negligence” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
(30) “Person” means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. [hu-man: color of a man]
[“Person, persons, and personal” are often misused commercial terms, a personification or representative entity, the incorporation on paper; also “hu-man”, the color, hue, or legal documentation and representation of a man, a fictitious entity and not a living soul, man or woman.]
ARS 13-801: Fines for felonies
ARS 13-802: Fines for misdemeanors
ARS 13-803: Fines against enterprises
(When evaluating civil fines for conspiracy, or more than one offender, enterprise level penalties and fines very often apply. These can be 10 to 20 times higher than individual trespasses or violations as it may constitute a “David vs. Goliath” scenario; one man or woman beset by an entire organization with professional experience and legal resources.”)
ARS 13-810: Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs
ARS 13-1003. Conspiracy; classification
A. A person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense, except that an overt act shall not be required if the object of the conspiracy was to commit any felony upon the person of another, or to commit an offense under section 13-1508 or 13-1704.
B. If a person guilty of conspiracy, as defined in subsection A of this section, knows or has reason to know that a person with whom such person conspires to commit an offense has conspired with another person or persons to commit the same offense, such person is guilty of conspiring to commit the offense with such other person or persons, whether or not such person knows their identity.
C. A person who conspires to commit a number of offenses is guilty of only one conspiracy if the multiple offenses are the object of the same agreement or relationship and the degree of the conspiracy shall be determined by the most serious offense conspired to.
D. Conspiracy to commit a class 1 felony is punishable by a sentence of life imprisonment without possibility of release on any basis until the service of twenty-five years, otherwise, conspiracy is an offense of the same class as the most serious offense which is the object of or result of the conspiracy.
ARS 13-1201. Endangerment; classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
ARS 13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
To cause physical injury to another person or serious damage to the property of another; or
To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility;
ARS 13-1203. Assault; classification
(A) A person commits assault by:
(1) Intentionally, knowingly, or recklessly causing any physical injury to another person;
(2) Intentionally placing another person in reasonable apprehension of imminent physical injury;
(3) knowingly touching another person with the intent to injure, insult, or provoke such person.
ARS 13-1204: Aggravated assault; classification; definitions
ARS 13-1303. Unlawful imprisonment; classification; definition
(A) A person commits unlawful imprisonment by knowingly restraining another person…
(B) …it is a defense that:
(1) the restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty.
[Corporate security or “policy officers” are neither peace officers nor detention officers -dp]
(With no trespassed or damaged witness who can speak of their own knowledge under penalty of perjury, no warrant for my arrest, are you aware that in contrast to “acting in good faith in the lawful performance of your duty” you are rather violating ARS 13-1303 Unlawful Imprisonment?)
NOTES:
False Arrest – restraint or detention by one person of another without lawful justification… probable cause, a valid arrest warrant, or consent under an asserted legal authority to enforce the process of law. [Cornell LII – Wex – MORE]
False Imprisonment – A person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area (including failure to release OR an invalid use of legal authority) and “threats of false imprisonment”. [Cornell LII – Wex – MORE]
ARS 13-1304. Kidnapping; classification; consecutive sentence
A. A person commits kidnapping by knowingly restraining another person with the intent to:
Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
(reasonable apprehension of imminent physical injury)
Interfere with the performance of a governmental or political function;
(State National status is an on-going political function, no?)
ARS 13-1501 Definitions: Criminal Trespass and Burglary
2.”Enter or remain unlawfully” means an act of a person who enters or remains on premises when the person’s intent for so entering or remaining is not licensed, authorized or otherwise privileged except when the entry is to commit theft of merchandise displayed for sale during normal business hours, when the premises are open to the public and when the person does not enter any unauthorized areas of the premises.
3. “Entry” means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property.
(“unit of real property” REF: “exclusive access”)
ARS 13-1502. Criminal trespass in the third degree; classification
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
B. Pursuant to subsection A, paragraph 1 of this section, a request to leave by a law enforcement officer acting at the request of the owner of the property or any other person having lawful control over the property has the same legal effect as a request made by the property owner or other person having lawful control of the property.
ARS 13-1504: Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.
NOTE: This casts a pall on the “Faggiolo” idea that
1) property owner must request,
2) unlawful activity is undertaken, OR
3) another’s rights/property are/is damaged
ARS 13-1504: Criminal trespass in the first degree; classification
A. A person commits criminal trespass in the first degree by knowingly:
3. Entering any residential yard [read: “private property”] and, without lawful authority, looking into the residential structure [read: “private property”] thereon in reckless disregard of infringing on the inhabitant’s right of privacy. [more…]
Larceny – The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his (the taker’s) use, and make them his property, without the consent of the owner. [Black’s Law] (it can be difficult to prove “intent” or also “conversion”)
Grand Larceny – …the theft of a large sum of money that is greater than a set amount. [Black’s Law]
ARS 13-1506: Burglary in the third degree; classification
ARS 13-1507: Burglary in the second degree; classification
(for 13-1506 & 1507, read “residential” as “private property”, which was undoubtedly worded to exclude specific property in the interests of corporate government. -dp)
ARS 13-1508: Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
[When police and security invade your privacy and trespass your private property, they are invariably armed with several dangerous weapons. -dp]
ARS 13-1802: Theft; classification; definitions
A. A person commits theft if, without lawful authority, the person knowingly:
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or
G. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. [MORE]
ARS 13-1804: (A) A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:
(3) Cause damage to property.
(5) Accuse anyone of a crime or bring criminal charges against anyone.
(8) Cause anyone to part with any property.
ARS 13-1815: Unlawful use of power of attorney; classification
A. An agent who holds a principal’s power of attorney pursuant to title 14, chapter 5, article 5 and who uses or manages the principal’s assets or property with the intent to unlawfully deprive that person of the asset or property is guilty of theft.
ARS 13, Chapter 20: Forgery and Identity Theft
ARS 13-2010: Trafficking in the identity of another person or entity; classification
A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment.
ARS 13-2002: Forgery; classification
A. A person commits forgery if, with intent to defraud, the person:
1. Falsely makes, completes or alters a written instrument; or
2. Knowingly possesses a forged instrument; or
3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
ARS 13-2006: Criminal impersonation; classification
A. A person commits criminal impersonation by:
1. Assuming a false identity with the intent to defraud another; or
2. Pretending to be a representative of some person or organization with the intent to defraud; or
3. Pretending to be, or assuming a false identity of, an employee or a representative of some person or organization with the intent to induce another person to provide or allow access to property.
ARS 13-2008: Taking identity of another person or entity; classification
Terrorism:
ARS 13-2308.01. Terrorism; classification
A. It is unlawful for a person to intentionally or knowingly do any of the following:
Solicit, incite or induce others to promote or further an act of terrorism.
Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by:
(f) Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism.
Provide advice, assistance or direction in the conduct, financing or management of a terrorist organization.
B. A violation of this section is a class 2 felony.
ARS 13-2406. Impersonating a public servant; classification; definition
A. A person commits impersonating a public servant if such person pretends to be a public servant and engages in any conduct with the intent to induce another to submit to his pretended official authority or to rely on his pretended official acts.
B. It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist or that the pretended office did not in fact possess the authority claimed for it.
C. Impersonating a public servant is a class 1 misdemeanor.
D. For the purposes of this section, “public servant” includes a notary public.
Impersonating a Peace Officer:
ARS 13-2411. Impersonating a peace officer; classification; definition
(A) A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts.
What is BATTERY? Any unlawful beating, or other wrongful physical violence or constraint, inflicted on a human being without his consent. 2 Bish. Crim. Law,
(masks: unlawful wrongful constraint without consent)
What is CONSTRAINT? This term is held to be exactly equivalent with “restraint.” Edmondson v. Harris, 2 Tenn. Ch. 427
ARS 13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
Engages in fighting, violent or seriously disruptive behavior; or
Makes unreasonable noise; or
Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession;
ARS 13-2921. Harassment; classification; definition
A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:
Anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.
Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.
Repeatedly commits an act or acts that harass another person.
Surveils or causes another person to surveil a person for no legitimate purpose.
On more than one occasion makes a false report to a law enforcement, credit or social service agency.
Interferes with the delivery of any public or regulated utility to a person.
ARS 13-3850 – Duty of arresting officer; application for writ of habeas corpus; notice
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him [a warrant] shall have appointed to receive him unless he has been informed of the demand made for his surrender and of the crime with which he is charged [probable cause, charged], and that he has the right to demand legal counsel; and if the prisoner, his friends, or counsel shall state that he or they desire to test the legality of his arrest, the prisoner shall be taken forthwith before a judge of a court of record, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
ARS 13-3884 – Arrest by private person
A private person may make an arrest:
When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
ARS 13-3889. Method of arrest by private person
A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest.
(injury done him – remedy by due course of law – citings needed)
PRIVATE PROPERTY – (administering property without right)
Article 8: Search Warrant
ARS 13-3911: Definition
an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in section 13-3912.
ARS 13-3912: Grounds for issuance
A search warrant may be issued upon any of the following grounds:
ARS 13-3913: Conditions precedent to issuance
No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.
ARS 13-3914: Examination on oath; affidavits
A. Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit… sets forth facts tending to establish probable cause for the issuance of the warrant.
B. The affidavit or affidavits must set forth the facts… or probable cause for believing the grounds exist. The person or persons seeking the warrant and the judicial officer issuing the warrant must have probable cause for believing the grounds exist.
C. In lieu of, or in addition to, a written affidavit, or affidavits… (verbal) [MORE]
ARS 13-3915: Issuance; form of warrant; duplicate original warrant; telefacsimile
ARS 13-3916: Service of warrant; breaking and entering to execute
A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.
ARS 13-3925: Unlawful search and seizure
ARS §19-116: Signing petitions; coercion, intimidation; false description; classification
ARS §23-203: Compulsion or coercion of employee or another to buy from a particular person
“A person who knowingly compels, or in any manner seeks to coerce any employee or any person to purchase goods or supplies from any particular person is guilty of a class 2 misdemeanor.”
ARS §23-786: False statement, misrepresentation, non-disclosure
“…any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation believing it to be false, or who knowingly fails to disclose a material fact, in order to defraud an individual…”
(statutory pattern of incorrect behavior – fraud; dp)
Title 26: Military Affairs and Emergency Management
ARS 26-121: Composition of militia; persons exempt
The militia of the state of Arizona consists of all able bodied citizens of the state between the ages of eighteen and forty-five years and all residents of the state between such ages who have declared their intention to become citizens of the United States, except:
1. Persons exempted by the laws of the state or the United States.
2. [the incapacitated or incarcerated] (dp)
3. Judges and clerks of courts of record.
4. State and county civil officers holding office by election, and members of the legislature.
5. Members of the clergy.
ARS 26-122: Components of militia
A. The militia is divided into the national guard of Arizona, the state guard when organized, and the unorganized militia
E. The unorganized militia consists of members of the militia not members of the national guard or state guard when organized.
ARS 26-1078: Accessory after the fact
Any person who is subject to this chapter and who, knowing that an offense punishable by this chapter has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
ARS 26-1094: Mutiny or Sedition
(A) Any person who is subject to this chapter and who:
2. With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition.
3. Fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
Title 28: Transportation
ARS 13-105: Definitions (Title 13 Criminal code)
(30) for “Person” (see above)
ARS 28-101: Definitions
(50) Motor Vehicle: at (b) “Does not include… a personal [private] delivery device, a personal [private] mobile cargo carrying device…”
(87) vehicle at (b) “…(b) Does not include: (iii) Personal [private] delivery devices (v) Personal [private] mobile cargo carrying devices.
ARS 28-1321: Implied consent; tests; refusal to submit to test…
A. “A person who operates a motor vehicle in this state gives consent… to a test or tests of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content…”
ARS 28-2051: specifies that “a person shall apply…for a certificate of title to a motor vehicle…”
ARS 28-3151: Driver license requirement
A. Unless exempt…a person shall not drive a motor vehicle or vehicle combination on a highway without a valid driver license and proper endorsement…
B. A person who is licensed under this chapter is entitled to exercise the privilege granted by this chapter…
NOTE: two supreme court cases resist this with travel and private property:
1) SHAPIRO vs. THOMSON, 394 U. S. 618 April 21, 1969. synopsis: The right to travel by private conveyance for private purposes upon the Common way can not be infringed. No license or permission is required for travel when such travel is not for the purpose of [commercial] profit or gain on the open highways operating under license in commerce. (verified)
[Justice Brennan delivered the opinion of the court and used the phrase “right to travel” therein thirty-two (32) times.]
2) Murdock v. Pennsylvania, 319 U.S. 105, synopsis: No state shall convert a liberty into a license, and charge a fee therefore.
ARS 28-3169: Possession and display of driver license; defense
A) A licensee shall have a legible driver license in the licensee’s immediate possession at all times when operating a motor vehicle. On demand of a justice of the peace, a police officer or a field deputy or inspector of the department, a licensee shall display the license.
ARS §28-4458: Coercion prohibited
(related to auto dealers and manufacturer relationship)
ARS 31-444: Power of governor to suspend sentence for treason pending consideration by legislature
The governor may suspend execution of the sentence upon a conviction for treason until the case may be reported to the legislature at its next session, at which time the legislature may either pardon, direct execution of the sentence, or grant a further reprieve.
[An assembly of the people as a “competent tribunal” is a legislature, an issuer of “law”]
ARS, Title 32: Professions and Occupations
unlawful medical interventions
(4th Amendment – secure in person and papers)
ARS 32-1422. Basic requirements for granting a license to practice medicine; credentials verification
ARS 32-1455. Violation; classification (A) The following acts are class 5 felonies: (1) The practice of medicine by a person not licensed or exempt from licensure pursuant to this chapter.
ARS §32-2091: Definitions (in regard to professions: “Behavior Analysts”)
12. “Unprofessional conduct” includes the following activities, whether occurring in this state or elsewhere:
(w) Engaging in direct or indirect personal solicitation of clients through the use of coercion, duress, undue influence, compulsion or intimidation practices.
(x) Engaging in false, deceptive or misleading advertising.
(y) Exploiting a client, student or supervisee.
(exhibited behaviors deemed negative in ARS for “professional conduct” which seem to be “standard operating procedure” for the ADOT and MVD)
Title 33: Property
Chapter 4 CONVEYANCES AND DEEDS
Article 1 Formal Requirements and Model Forms
ARS 33-401: Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects
ARS 33-403: Easement description; validity
ARS 33-404: Disclosure of beneficiary; recording; failure to disclose
[As related to “title” with MSO and MCO for one’s Automobile as “private property”; the contract terms are not clearly disclosed, the parties to such not clearly identified. -dp]
ARS 33-964: Lien of Judgment
(A) “… a judgment shall become a lien for a period of ten years…”
ARS 33-967: Money judgment; information statement; amendment to recorded judgment; exemption; retroactive applicability
Arizona Easement Law – article: Harper Law
Public vs. Private Easements – article: UlmerStudios
Procedures of Public Office
ARS 38-231: Officers and employees required to take oath…
(B) …within time limits prescribed… [or compensation is suspended until taken]
(C) does commit or aid… to overthrow by force, violence, or terrorism… government (13-2301)… a class 4 felony [see link for oath text]
ARS 38-251: State officers and employees blanket bond…
(B) All state officers and employees are bonded pursuant to this section unless otherwise provided by law.
Note: Public Official Bond – article: Surety Bond Authority
ARS 38-254: Bond premiums a public charge
ARS 38-255: Recording of bond; copies
Every officer with whom bonds are filed shall record them in a book kept by him for that purpose, preserve the bond and give certified copies thereof under seal to any person upon demand and payment of the fee for a copy and certificate.
ARS 38-256: Form of official bonds
All official bonds shall be joint and several in form and made payable to the state of Arizona. The condition shall be that the principal will well, truly and faithfully perform all official duties required of him by law. The bond shall be signed by the principal and at least two sureties or a qualified surety company, and shall comply and be subject to the law governing the bond of such officer.
ARS 38-258: Limitation of liability by sureties
“…sureties may become severally liable for portions…”
“…Each surety is liable to contribution of his cosureties in proportion to the amount for which he is liable.”
ARS 38-259: Extent of liability
“…a penalty, forfeiture or liability is imposed on any officer for nonperformance or malperformance of official duty…”
ARS 38-260: Beneficiaries of bond
Every official bond executed by any officer pursuant to law, is in force and obligatory upon the principal and sureties therein to and for the state and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of the officer in his official capacity. Any person so injured or aggrieved may bring an action on the bond in his own name without an assignment thereof.
ARS 38-263: Additional bond; failure to file
A. When a surety on any official bond moves from the state, becomes insolvent or insufficient, or the penalty on the bond becomes insufficient, the person approving the bond shall, of his own motion, or on the showing of any person, supported by an affidavit, at once notify any such officer to appear before him at a time stated, not less than three nor more than ten days after the service of the notice, and show cause why he should not execute a new or additional bond with good and sufficient sureties.
B. …fails to file a new or additional bond, his office shall be deemed vacant.
ARS 38-265: Liability on original and additional bonds
The original bond is not discharged or affected by the giving of new or additional bond, but remains of like force and obligation as if the new or additional bond had not been given. The officer and his sureties are liable upon either or both bonds, and an action may be brought upon either bond, or separate actions on both bonds, and the same cause of action may be alleged and judgment recovered in each action.
ARS 38-272: Affidavit of plaintiff in action to recover on bond that defendant owns real property; notice to recorder
After an action has been commenced to recover upon any bond required to be given by a public officer, the plaintiff may file an affidavit stating either positively or on information and belief that the bond was executed by the defendant, and that the defendant has real property, designating the county or counties in which it is located. The clerk receiving the affidavit shall certify to the recorder of the county in which the real estate is located the names of the parties to the action, the name of the court in which the action is pending and the amount claimed in the complaint, with the date of the commencement of the action.
ARS 38-273: Recording notice of ownership of real property; lien of judgment
Upon receiving the certificate the county recorder shall endorse, file and record it in the same manner as notices of the pendency of an action affecting real estate. Any judgment recovered in such action is a lien upon all real estate belonging to the defendant and located in any county in which the certificate is filed for the amount that the owner thereof is or may be liable upon the judgment, from the time of filing the certificate.
ARS 38-291: Vacancy defined: An office shall be deemed vacant… on occurrence of [12 events]
(7) …ceasing to discharge the duties of office for … three consecutive months
(8) conviction… of a felony… or violation of official duties
(9) Failure… to file the person’s official oath within the time prescribed by law
(10) A decision of a competent tribunal declaring void the election or appointment
ARS 38-293: Effect of conviction of officer
…for every neglect or violation of official duty… officers may, in the discretion of the court, be removed from office.
ARS 38-311: Officers subject to impeachment
The governor, every state and judicial officer, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors or malfeasance in office.
[municipal court judges are not “government”; they’re private corporation jurors, court administrators, and must bear “judicial complaints”]
ARS 38-341: Accusation by grand jury
A. An accusation, in writing, against a county, district or precinct officer for willful or corrupt misconduct in office may be presented by a grand jury of the county for or in which the officer accused is elected or appointed.
ARS 38-342: Service on the accused; appearance and plea [more]
ARS 38-344: Procedure upon accusation of county attorney
… accusation shall be delivered to a judge of the superior court of the county, who shall thereupon file the accusation with the clerk of the court and appoint a person to act as prosecuting officer…
ARS 38-423: Making or giving false certificate
…who makes and delivers as true such a certificate… containing a statement which he knows is false… [class 6 felony]
ARS 38-431.01: Meetings shall be open to the public
(A) All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting.
(F) All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder or camera or any other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting.
(I) A member of a public body shall not knowingly direct any staff member to communicate in violation of this article.
Title 39; Public Records, Printing, Notices
ARS 39-101: Permanent public records; quality; storage; violation; classification
A. Permanent public records of the state, a county, city or town, or other political subdivision of the state, shall be transcribed or kept on paper or other material which is of durable or permanent quality and which conforms to standards established by the director of the Arizona state library, archives and public records.
B. Permanent public records transcribed or kept as provided in subsection A shall be stored and maintained according to standards for the storage of permanent public records established by the director of the Arizona state library, archives and public records.
C. A public officer charged with transcribing or keeping such public records who violates this section is guilty of a class 2 misdemeanor.
ARS 39-121: Inspection of public records
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.
ARS 39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index
(D) Subject to section 39-121.03 (commercial purpose)“210827 Reject: Morgan, in error”:
(1) Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body’s website to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge.
ARS 39-121.03: Request for copies, printouts or photographs; statement of purpose; commercial purpose as abuse of public record; determination by governor; civil penalty; definition
(A) When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used.
D. For the purposes of this section, “commercial purpose” means … (more)
ARS 39-122: Free searches for and copies of public records to be used in claims against United States; liability for noncompliance
A. No state, county or city, or any officer or board thereof shall demand or receive a fee or compensation for issuing certified copies of public records or for making search for them, when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof.
(If the states of…, counties of…, cities of…, Police Department of… are all sub-corporate entities under “United States, Inc.”, then any action brought to any of these would qualify to access records under “free searches for and copies of public records…” – dp)
ARS 39-141: Proof of certain lost or destroyed documents or instruments
Any deed, bond, bill of sale, mortgage, deed of trust, power of attorney or conveyance which is required or permitted by law to be acknowledged or recorded which has been so acknowledged or recorded, or any judgment, order or decree of a court of record in this state or the record or minute containing such judgment, which is lost or destroyed, may be supplied by parol proof of its contents.
ARS §40-349: Permit Or Easement For Conversion Of Service Lines
ARS 44-101: Statute of frauds
ARS 44-1451: Remedies for infringement (Copyright, Trademark)
B. In any such action, the court:
1. May grant injunctions to restrain…
2. May also require the defendant to pay to the plaintiff, subject to the principles of equity:
(a) The defendant’s profits.
(b) Any damages sustained by the plaintiff.
(c) The costs of the action…
(and other damages and equitable remedy)
44-1452: Common Law Rights
Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
ARS, Title 47: The Uniform Commercial Code
47-1301. Territorial applicability; parties’ power to choose applicable law
A. Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation [another jurisdiction?], the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
B. In the absence of an agreement effective under subsection A of this section, and except as provided in subsection C of this section, this title applies to transactions bearing an appropriate relation to this state.
C. To the extent that this title governs a transaction, if one of the following sections of this title specifies the applicable law, that section governs and a contrary agreement is effective only to the extent permitted by the law so specified:
1. Section 47-2402.
2. Sections 47-2A105 and 47-2A106.
3. Section 47-4102.
4. Section 47-4A507.
5. Section 47-5116.
6. Section 47-8110.
7. Sections 47-9301 through 47-9307.
ARS 47-2607: Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
ARS 47-2616: Procedure on notice claiming excuse
ARS 47-2A502: Notice after default
ARS 47-2A516: Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over
D. If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:
1. The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound. (failure to rebut)
2. The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (section 47-2A211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
ARS 47-2721: Remedies for fraud – Remedies for material misrepresentation or fraud include all remedies available under this chapter for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
ARS 47-2722: Who can sue third parties for injury to goods
ARS 47-3119: Notice of right to defend action
In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that the person notified may come in and defend and that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
[“right to defend” language from Law Insider; interesting note that nowhere is USC, CFR, nor UCC quoted… throughout.]
ARS 47-3307: Notice of breach of fiduciary duty
ARS 47-3503. Notice of dishonor
A. The obligation of an indorser stated in section 47-3415, subsection A and the obligation of a drawer stated in section 47-3414, subsection D may not be enforced unless:
1. The indorser or drawer is given notice of dishonor of the instrument complying with this section; or
2. Notice of dishonor is excused under section 47-3504, subsection B.
B. Notice of dishonor may be given by any person, may be given by any commercially reasonable means, including an oral, written or electronic communication, and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
ARS 47-8203: Staleness as notice of defect or defense
After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:
1. Requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one year after that date; or
2. Is not covered by paragraph 1 and the purchaser takes the security more than two years after the date set for surrender or presentation or the date on which performance became due.NOTE: described often as “effort to revive an expired contract”.
ARS 47-8209: Issuer’s lien
A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate.
ARS 47-9402: Secured party not obligated on contract of debtor or in tort
The existence of a security interest, agricultural lien or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions. [privity of contract – dp]