ARS 13-118: Sexual motivation special allegation
The complete text of A.R.S. § 13-118 on sexual motivation special allegation, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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Full Text of A.R.S. § 13-118
A.R.S. § 13-118 is the Arizona statute on sexual motivation special allegation. 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. In each criminal case involving an offense other than a sexual offense, the prosecutor may file a special allegation of sexual motivation if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.
B. If the prosecutor files a special allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation. The trier of fact shall find a special verdict as to whether the defendant committed the offense with a sexual motivation.
C. For purposes of this section “sexual motivation” means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant’s sexual gratification.
Source: Arizona Revised Statutes § 13-118, 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.
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How § 13-118 Affects an Arizona Case
§ 13-118 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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Frequently Asked Questions
What is A.R.S. § 13-118?
A.R.S. § 13-118 is the Arizona statute on sexual motivation special allegation. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-118?
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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