ARS 13-401: Unavailability of justification defense
The complete text of A.R.S. § 13-401 on unavailability of justification defense, 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. § 13-401
A.R.S. § 13-401 is the Arizona statute on unavailability of justification defense. 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. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.
B. Except as provided in subsection A, justification, as defined in this chapter, is a defense in any prosecution for an offense pursuant to this title.
Source: Arizona Revised Statutes § 13-401, 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 § 13-401 Affects an Arizona Case
§ 13-401 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. § 13-401?
A.R.S. § 13-401 is the Arizona statute on unavailability of justification defense. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-401?
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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