ARS 13-1310: Abduction of child from a state agency
The complete text of A.R.S. § 13-1310 on abduction of child from a state agency, what the State has to prove, and the sentencing range, with a violation charged as a class 5 felony or a class 1 misdemeanor and exposure reaching up to 2.5 years in prison.
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What the State Must Prove Under § 13-1310
A.R.S. § 13-1310 is the Arizona statute on abduction of child from a state agency. The statute sets out 2 ways the offense can be committed. A violation is a class 5 felony or a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2.5 years in prison.
A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:
- Takes, entices or keeps the child from the lawful custody of the state agency.
- Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.
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 § 13-1310 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 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. § 13-1310
A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:
1. Takes, entices or keeps the child from the lawful custody of the state agency.
2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.
B. A violation of subsection A, paragraph 2 of this section is a class 5 felony, except that it is a class 1 misdemeanor if all of the following apply:
1. The child has voluntarily and without consent left the placement location.
2. The person who fails or refuses to return the child is the child’s natural or adoptive parent.
3. The person’s motive for keeping the child is to protect and care for the child.
C. A violation of subsection A, paragraph 1 of this section is:
1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.
2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.
3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.
4. A class 1 misdemeanor if all of the following apply:
(a) The child has voluntarily and without consent left the placement location.
(b) The person who fails or refuses to return the child is the child’s natural or adoptive parent.
(c) The person’s motive for keeping the child is to protect and care for the child.
D. For the purposes of this section, “state agency” means the department of child safety or the department of juvenile corrections.
Source: Arizona Revised Statutes § 13-1310, 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 13 — Kidnapping And Related Offenses
- A.R.S. § 13-1308 — Trafficking of persons for forced labor or services
- A.R.S. § 13-1307 — Sex trafficking
- A.R.S. § 13-1306 — Unlawfully obtaining labor or services
- A.R.S. § 13-1305 — Access interference
- A.R.S. § 13-1304 — Kidnapping
- A.R.S. § 13-1303 — Unlawful imprisonment
How Tamou Law Group Defends § 13-1310 Cases
A § 13-1310 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 5 felony and something far less serious, and it is where these cases are won.
We handle abduction of child from a state agency 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. § 13-1310?
A.R.S. § 13-1310 is the Arizona statute on abduction of child from a state agency. A violation is a class 5 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 § 13-1310 a felony in Arizona?
It can be. Under the statute a violation is a class 5 felony or a class 1 misdemeanor, so the exposure reaches up to 2.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 5 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 5 felony at 6 months to 2.5 years, with a presumptive term of 1.5 years. 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 § 13-1310?
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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