ARS 13-2917: Public nuisance
The complete text of A.R.S. § 13-2917 on public nuisance, what the State has to prove, and the sentencing range, with a violation charged as a class 2 misdemeanor and exposure reaching up to 4 months in jail.
Recognized By
As Seen On
Recognized By
What the State Must Prove Under § 13-2917
A.R.S. § 13-2917 is the Arizona statute on public nuisance. The statute sets out 2 ways the offense can be committed. A violation is a class 2 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 4 months in jail.
A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:
- To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.
- To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.
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 § 13-2917 Conviction
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 2 misdemeanor | 4 months | $750 |
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. § 13-2917
A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:
1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.
2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.
B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following:
1. Any building used as a private or public elementary or high school.
2. Any public park.
3. Any residence district as defined in section 28-101.
C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section.
D. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor.
Source: Arizona Revised Statutes § 13-2917, 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.
Our Guides on This Charge
Written by our defense team on how these cases run in Arizona courts.
Related Statutes in Chapter 29 — Offenses Against Public Order
- A.R.S. § 13-2916 — Use of an electronic communication to terrify, intimidate, threaten or harass
- A.R.S. § 13-2918 — Interference with emergency transmission on citizens’ band radio frequency
- A.R.S. § 13-2915 — Preventing use of telephone in emergency
- A.R.S. § 13-2919 — Automated telephone solicitation
- A.R.S. § 13-2914 — Aggressive solicitation
- A.R.S. § 13-2920 — Advertisements and required preamble message for telephone information services
- A.R.S. § 13-2913 — Unlawful violation of fire ban
- A.R.S. § 13-2921 — Harassment
How Tamou Law Group Defends § 13-2917 Cases
A § 13-2917 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 2 misdemeanor and something far less serious, and it is where these cases are won.
We handle public nuisance 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.
Awards & Recognition
Our recognition for Phoenix sex crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix sex crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors, public defenders, and law enforcement.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Frequently Asked Questions
What is A.R.S. § 13-2917?
A.R.S. § 13-2917 is the Arizona statute on public nuisance. A violation is a class 2 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-2917 a felony in Arizona?
No. Under the statute a violation is a class 2 misdemeanor, so the exposure reaches up to 4 months in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 2 misdemeanor?
A.R.S. 13-707 caps jail at 4 months for a class 2 misdemeanor and A.R.S. 13-802 caps the fine at $750, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-2917?
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.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.