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ARS 13-108: Territorial applicability

ARS 13-108: Territorial applicability

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

5.0 · Sex Crime Defense

The complete text of A.R.S. § 13-108 on territorial applicability, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Sex Crime Defense

★★★★★ 5.0 · Sex Crime Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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What § 13-108 Sets Out

A.R.S. § 13-108 is the Arizona statute on territorial applicability. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.

A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:

  1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or
  2. The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or
  3. The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or
  4. The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; or
  5. The offense is a violation of a statute of this state that prohibits conduct outside the state.

Full Text of A.R.S. § 13-108

A. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:

1. Conduct constituting any element of the offense or a result of such conduct occurs within this state; or

2. The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or

3. The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or

4. The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; or

5. The offense is a violation of a statute of this state that prohibits conduct outside the state.

B. When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subsection A, paragraph 1. If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.

C. This state includes the land and water and the air space above the land and water.

Source: Arizona Revised Statutes § 13-108, 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.

How § 13-108 Affects an Arizona Case

§ 13-108 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 13-108?

A.R.S. § 13-108 is the Arizona statute on territorial applicability. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.

Where can I read the official text of § 13-108?

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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