ARS 13-3717: Unlawful subleasing of motor vehicle
The complete text of A.R.S. § 13-3717 on unlawful subleasing of motor vehicle, what the State has to prove, and the sentencing range, with a violation charged as a class 1 misdemeanor and exposure reaching up to 6 months in jail.
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What the State Must Prove Under § 13-3717
A.R.S. § 13-3717 is the Arizona statute on unlawful subleasing of motor vehicle. The statute sets out 5 ways the offense can be committed. A violation is a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 6 months in jail.
A. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:
- The motor vehicle is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement.
- The person is not a party to the lease contract, retail installment contract or security agreement.
- The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement to any person who is not a party to the lease contract, retail installment contract or security agreement.
- The person does not obtain, before the transfer or assignment, written consent to the transfer or assignment from the motor vehicle’s lessor, seller or secured party.
- The person receives compensation or some other consideration for the transfer or assignment.
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 § 13-3717 Conviction
| 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. § 13-3717
A. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:
1. The motor vehicle is subject to a lease contract, retail installment contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement.
2. The person is not a party to the lease contract, retail installment contract or security agreement.
3. The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, retail installment contract or security agreement to any person who is not a party to the lease contract, retail installment contract or security agreement.
4. The person does not obtain, before the transfer or assignment, written consent to the transfer or assignment from the motor vehicle’s lessor, seller or secured party.
5. The person receives compensation or some other consideration for the transfer or assignment.
B. A person engages in an act of unlawful subleasing of a motor vehicle if the person is not a party to the lease contract, retail installment contract or security agreement and assists, causes or arranges an actual or purported transfer or assignment.
C. The actual or purported transfer or assignment, or the assisting, causing or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, retail installment contract or security agreement by an individual who is a party to the lease contract, retail installment contract or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution.
D. This section does not affect the enforceability of any provision of any lease contract, retail installment contract, security agreement or direct loan agreement by any party to the contract or agreement.
E. The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section.
F. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.
G. In this section, unless the context otherwise requires:
1. “Buyer” means a person who buys or hires a motor vehicle under a retail installment contract.
2. “Direct loan agreement” means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by the motor vehicle which the purchaser has purchased.
3. “Lease contract” means a contract for or in contemplation of the lease for the use of a motor vehicle and the purchase of services incidental to the lease by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle’s depreciation.
4. “Lessee” includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.
5. “Lessor” includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.
6. “Motor vehicle” means a motor vehicle which is required to be registered under title 28, chapter 7 and which has a gross weight, as defined in section 28-5431, of ten thousand pounds or less.
7. “Purchaser” has the same meaning prescribed in section 47-1201.
8. “Retail installment contract” has the same meaning prescribed in section 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.
9. “Secured party” has the same meaning prescribed in section 47-9102.
10. “Security agreement” has the same meaning prescribed in section 47-9102.
11. “Security interest” has the same meaning prescribed in section 47-1201.
12. “Seller” means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract.
Source: Arizona Revised Statutes § 13-3717, 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. § 13-3716 — Unlawful failure to give notice of conviction of dangerous crime against children or child abuse
- A.R.S. § 13-3718 — Sale of ticket in excess of regular price
- A.R.S. § 13-3715 — Unauthorized manufacture, duplication, use or possession of key to a public building
- A.R.S. § 13-3719 — Obtaining wireless telecommunications services or wireless telecommunications devices fraudulently
- A.R.S. § 13-3714 — Aggravated or multiple violations of insurance code
- A.R.S. § 13-3720 — Dropping objects from overpass
- A.R.S. § 13-3713 — Consideration for referral of patient, client or customer
- A.R.S. § 13-3721 — Tattoos, brands, scarifications and piercings
How Tamou Law Group Defends § 13-3717 Cases
A § 13-3717 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 1 misdemeanor and something far less serious, and it is where these cases are won.
We handle unlawful subleasing of motor vehicle 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. § 13-3717?
A.R.S. § 13-3717 is the Arizona statute on unlawful subleasing of motor vehicle. A violation is a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-3717 a felony in Arizona?
No. Under the statute a violation is a class 1 misdemeanor, so the exposure reaches up to 6 months in jail. The paragraph charged and the facts decide which class applies.
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 § 13-3717?
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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