ARS 13-3727: Unlawful residency
The complete text of A.R.S. § 13-3727 on unlawful residency, what the State has to prove, and the sentencing range, with a violation charged as a class 6 felony or a class 1 misdemeanor and exposure reaching up to 2 years in prison.
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What the State Must Prove Under § 13-3727
A.R.S. § 13-3727 is the Arizona statute on unlawful residency. The statute sets out 3 ways the offense can be committed. A violation is a class 6 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2 years in prison.
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to:
- If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following:
- Knowingly establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
- Establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 13-3727 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 6 felony | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 13-3727
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to:
1. If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following:
(a) A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.
(b) A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve.
(c) A child care facility as defined in section 36-881.
2. Knowingly establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
3. Establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
B. Subsection A, paragraph 1 of this section does not apply to any of the following:
1. A person who establishes the person’s residence before September 19, 2007 or before a new school or child care facility is located.
2. A person who is a minor.
3. A person who is currently serving a term of probation.
4. A person who has had the person’s civil rights restored pursuant to chapter 9 of this title.
5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.
C. Subsection A, paragraphs 2 and 3 of this section do not apply to:
1. A person who is required to register pursuant to section 13-3821, subsection A, paragraph 19.
2. A person who receives written consent to establish the residence from the victim or, if the victim is a minor, from the parent or guardian of the minor unless the parent or guardian of the minor is the person who was convicted.
D. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section if the person established the residence without knowledge that the victim resided within one thousand feet, the person moved within thirty days after receiving actual knowledge of the victim’s residence and the person did not have contact with the victim during that thirty-day period.
E. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.
F. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person’s residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person’s former victim resides.
G. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 or 3 of this section is guilty of a class 6 felony.
Source: Arizona Revised Statutes § 13-3727, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Chapter 37 — Miscellaneous Offenses
- A.R.S. § 13-3726 — Unauthorized use of the name, portrait or picture of a deceased soldier
- A.R.S. § 13-3728 — Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter
- A.R.S. § 13-3725 — Interference with monitoring devices
- A.R.S. § 13-3729 — Unlawful operation of model or unmanned aircraft
- A.R.S. § 13-3724 — Obtaining utility service fraudulently
- A.R.S. § 13-3723 — Unlawful operation of a recording device with the intent to record a motion picture
- A.R.S. § 13-3722 — Solicitations for American veterans’ organizations
- A.R.S. § 13-3732 — Unlawful video recording of law enforcement activity
How Tamou Law Group Defends § 13-3727 Cases
A § 13-3727 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 6 felony and something far less serious, and it is where these cases are won.
We handle unlawful residency cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 13-3727?
A.R.S. § 13-3727 is the Arizona statute on unlawful residency. A violation is a class 6 felony or a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-3727 a felony in Arizona?
It can be. Under the statute a violation is a class 6 felony or a class 1 misdemeanor, so the exposure reaches up to 2 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 6 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 6 felony at 4 months to 2 years, with a presumptive term of 1 year. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-3727?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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