Manslaughter: A.R.S. 13-1103
Like elsewhere in the United States, Arizona takes all crimes that result in the death of another human being very seriously. Of these homicide offenses, manslaughter is defined broadly in A.R.S. 13-1103, covering many different scenarios. Manslaughter is committed by an individual doing any of the following:
- Recklessly causing the death of another person.
- Committing second degree murder without premeditation during a quarrel or moment in the heat of passion resulting from adequate provocation by the victim, specifically intentionally causing the death of another person, or causing another person’s death as a result of conduct that would knowingly cause serious injury or death.
- Intentionally providing the physical means for another person to die by suicide, with the knowledge that that person intended to commit suicide.
- Committing second degree murder as a result of reckless conduct with extreme indifference to human life, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force on the person or a third person that a reasonable person in his situation would have been unable to resist.
- Knowingly or recklessly causing the death of an unborn child, at any stage of its development in the womb, due to physical injury to the mother.
- For those 18 years old or older – intentionally providing advice or encouragement to a minor, while knowing that they intend to commit suicide, that is used by that minor to die by suicide.
An individual cannot be charged with manslaughter of an unborn child or mother in the following situations:
- Performing an abortion with the consent of the pregnant woman or the consent of a person authorized by law to act on their behalf.
- Performing medical treatment on a pregnant woman or their unborn child.
- The person in question was the mother of the unborn child.
Unlike other states, Arizona does not differentiate between voluntary and involuntary manslaughter.
Manslaughter is a class 2 felony. First time offenders can be sentenced to incarceration of up to 12.5 years. However, manslaughter is often further classified as a “dangerous offense,” for which a first-time offender can actually face up to 21 years of incarceration.
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